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Postal Services Bill


Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 1 — Postal Services Act 2000

131

 

      (2)  

In subsection (3), omit “9, 10,”.

      (3)  

In subsection (5), omit “8,”.

      (4)  

In subsection (10), omit “10, 38(8), 58(7), 59(2),” and “, paragraph 4 of

Schedule 7”.

      (5)  

In subsection (12), omit “8, 9, 30(2),”.

5

47         

In section 123 (directions), at the end insert—

“(4)   

OFCOM may give a direction under this Act only if they are satisfied

that the direction—

(a)   

is objectively justifiable,

(b)   

does not discriminate unduly against particular persons or a

10

particular description of persons,

(c)   

is proportionate to what it is intended to achieve, and

(d)   

is transparent in relation to what it is intended to achieve.”

48         

In section 124(1) (general financial provision), omit paragraph (a).

49    (1)  

Section 125(1) (interpretation) is amended as follows.

15

      (2)  

After the definition of “notice” insert—

““OFCOM” means the Office of Communications,”.

      (3)  

For the definition of “postal operator” substitute—

““postal operator” has the same meaning as in Part 3 of the

Postal Services Act 2011 (see section 26(3) to (5) of that Act)),”.

20

      (4)  

In the definition of “the Postal Services Directive”, for the words from

“implementation” to the end substitute “improvement of quality of service,

as amended from time to time,”.

      (5)  

After the definition of “public holiday” insert—

““public post office” means any post office from which any

25

postal services are provided directly to the public (whether or

not together with other services),”.

      (6)  

After the definition of “subordinate legislation” insert—

“references to the provision of a “universal postal service” are to

be read in accordance with sections 29 to 32 and section 63(3)

30

of the Postal Services Act 2011,

“universal postal service letter box” has the meaning given by

section 86 of this Act,

“universal postal service post office” has the meaning given by

that section,

35

“universal service provider” has the meaning given by section

63(1) of the Postal Services Act 2011,”.

50         

Omit section 126 (index).

51         

Omit Schedule 1 (the Postal Services Commission).

52    (1)  

Schedule 3 (transfer to the Post Office company: supplementary provisions)

40

is amended as follows.

      (2)  

Omit paragraphs 6(1), 7, 9 and 10.

 
 

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 2 — Communications Act 2003

132

 

      (3)  

In the other provisions, for “the Post Office company”, in each place,

substitute “the original holding company”.

53         

In Schedule 4 (transfer to the Post Office company: tax), omit paragraphs 5

and 9.

54    (1)  

Schedule 5 (acquisition of land) is amended as follows.

5

      (2)  

In paragraph 1(1), for “required for any purpose in connection with the

provision of a universal postal service” substitute “where it is necessary to

do so for the purpose of providing a universal postal service”.

      (3)  

In paragraph 2(1), for “required for any purpose in connection with the

provision of a universal postal service” substitute “where it is necessary to

10

do so for the purpose of providing a universal postal service”.

      (4)  

In paragraph 3(1), for paragraphs (a) and (b) substitute—

“(a)   

which it is necessary to acquire for the purpose of

providing a universal postal service, or

(b)   

as to which it can reasonably be foreseen that it will be so

15

necessary,”.

55         

Omit Schedule 7 (disclosure of information).

Part 2

Communications Act 2003

56         

The Communications Act 2003 is amended as follows.

20

57         

In section 3 (general duties of OFCOM), after subsection (6) insert—

“(6A)   

Where it appears to OFCOM, in relation to the carrying out of any of

their functions in relation to postal services, that any of their general

duties conflict with their duty under section 28 of the Postal Services

Act 2011 (duty to secure provision of universal postal service),

25

priority must be given to their duty under that section.”

58         

In section 14 (consumer research), after subsection (6) insert—

“(6A)   

OFCOM must make arrangements for ascertaining—

(a)   

the state of public opinion from time to time about the way in

which postal services are provided;

30

(b)   

the experiences of consumers in the markets for postal

services, in relation to the way in which those services are

provided;

(c)   

the experiences of such consumers in relation to the handling,

by persons providing postal services, of complaints made to

35

them by such consumers;

(d)   

the experiences of such consumers in relation to the

resolution of disputes with persons providing postal

services;

(e)   

the interests and experiences of such consumers in relation to

40

matters that are incidental to or otherwise connected with

their experiences of the provision of postal services.”

59    (1)  

Section 16 (consumer consultation) is amended as follows.

 
 

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 2 — Communications Act 2003

133

 

      (2)  

In subsection (1)(b), at the end insert “(other than postal services)”.

      (3)  

In subsection (3)—

(a)   

in paragraph (c), for “any such services or facilities” substitute “a

service or facility mentioned in subsection (4)(a) to (e)”, and

(b)   

in paragraph (e), for “such services or facilities” substitute “services

5

or facilities mentioned in subsection (4)”.

      (4)  

In subsection (4)—

(a)   

omit “and” at the end of paragraph (d), and

(b)   

after paragraph (e) insert—

“(f)   

postal services.”

10

      (5)  

In subsection (13), in paragraph (a) of the definition of “domestic and small

business consumer”, for “any such services or facilities” substitute “a service

or facility mentioned in subsection (4)(a) to (e)”.

60    (1)  

Section 22(5) (representation on international and other bodies) is amended

as follows.

15

      (2)  

In the definition of “communication functions”, omit the “and” at the end of

paragraph and after that paragraph insert—

“(ba)   

functions relating to postal services; and”.

      (3)  

In the definition of “international meetings about communication”, after

paragraph (b) insert—

20

“(ba)   

the regulation of postal services;”.

61    (1)  

Section 26 (publication of information and advice for consumers etc) is

amended as follows.

      (2)  

In subsection (2)—

(a)   

omit the “and” at the end of paragraph (c), and

25

(b)   

after paragraph (d) insert—

“(e)   

the customers of persons who provide postal

services.”

      (3)  

After that subsection insert—

“(2A)   

In subsection (2)(e) the reference to customers of persons who

30

provide postal services includes—

(a)   

persons who wish to be provided with such services,

(b)   

persons who are likely to seek to be provided with such

services, and

(c)   

addressees.”

35

62         

In section 369(1) (matters in relation to which OFCOM have competition

functions), after paragraph (e) insert—

“(f)   

the provision of postal services.”

63    (1)  

Section 370 (OFCOM’s functions under Part 4 of the Enterprise Act 2002) is

amended as follows.

40

      (2)  

In subsection (11), for “section 3 does not” substitute “section 3 of this Act

(general duties) and section 28 of the Postal Services Act 2011 (duty to secure

provision of universal postal service) do not”.

 
 

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments

134

 

      (3)  

In subsection (12), for “section 3(1) to (4)” substitute “section 3(1) to (4) of this

Act or section 28 of the Postal Services Act 2011”.

64    (1)  

Section 371 (OFCOM’s functions under Competition Act 1998) is amended

as follows.

      (2)  

In subsection (11), for “section 3 does not” substitute “section 3 of this Act

5

(general duties) and section 28 of the Postal Services Act 2011 (duty to secure

provision of universal postal service) do not”.

      (3)  

In subsection (12), for “section 3(1) to (4)” substitute “section 3(1) to (4) of this

Act or section 28 of the Postal Services Act 2011”.

65         

In section 394(2) (service of notifications and other documents)—

10

(a)   

omit the “and” at the end of paragraph (e), and

(b)   

at the end insert—

“(g)   

Part 3 of the Postal Services Act 2011.”

66         

In section 400(1) (destination of licence fees and penalties), at the end insert

“(i)   

an amount paid to OFCOM in respect of a penalty imposed by them

15

under Part 3 of the Postal Services Act 2011.”

67         

In section 404(4) (criminal liability of company directors etc.)—

(a)   

omit the “or” at the end of paragraph (d), and

(b)   

at the end insert “; or

(f)   

Part 3 of the Postal Services Act 2011.”

20

68    (1)  

Section 405 (general interpretation) is amended as follows.

      (2)  

In subsection (1), after the definition of “other member State” insert—

““postal services” has the meaning given by section 26 of the

Postal Services Act 2011;”.

      (3)  

After subsection (5) insert—

25

“(5A)   

References in this Act to consumers in a market for a service include,

where the service is a postal service, addressees.”

69         

In Schedule 16, omit paragraph 6 (which made amendments superseded by

this Act).

70         

In Schedule 17, omit paragraph 162(3) (which made amendments

30

superseded by this Act).

Part 3

Other enactments

Commissioners Clauses Act 1847

71         

In section 99 of the Commissioners Clauses Act 1847 (services of notices

35

upon commissioners)—

(a)   

omit “(within the meanings given by the Postal Services Act 2000)”,

and

(b)   

at the end insert—

   

“In this section “post office” has the meaning given by section

40

125(1) of the Postal Services Act 2000 and “postal operator”

 
 

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments

135

 

has the meaning given by section 26 of the Postal Services Act

2011.”

Improvement of Land Act 1864

72         

In section 7 of the Improvement of Land Act 1864 (services of notices on

other persons), for “the Postal Services Act 2000” substitute “Part 3 of the

5

Postal Services Act 2011”.

Bills of Exchange Act 1882

73         

In section 2 of the Bills of Exchange Act 1882 (interpretation of terms), in the

definition of “postal operator”, for “section 125(1) of the Postal Services Act

2000” substitute “section 26 of the Postal Services Act 2011”.

10

Congested Districts (Scotland) Act 1897

74         

In section 4(1)(f) of the Congested Districts (Scotland) Act 1897 (application

of money at disposal of Commissioners), for the words from “within the

power” to “to grant under guarantee” substitute “within the power of a Post

Office company (within the meaning of Part 1 of the Postal Services Act

15

2011) to grant under guarantee”.

Law of Property Act 1925

75         

In section 196(4) of the Law of Property Act 1925 (regulations respecting

notices), for “the Postal Services Act 2000” substitute “Part 3 of the Postal

Services Act 2011”.

20

Execution of Diligence (Scotland) Act 1926

76         

In section 2(2)(e) of the Execution of Diligence (Scotland) Act 1926 (execution

of arrestment or charge by registered letter in certain cases)—

(a)   

for “the Postal Services Act 2000” substitute “Part 3 of the Postal

Services Act 2011”, and

25

(b)   

for “that Act” substitute “the Postal Services Act 2000”.

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

77         

In section 7(1) of the Acquisition of Land (Authorisation Procedure)

(Scotland) Act 1947 (interpretation), in the definition of “statutory

undertakers”—

30

(a)   

for “the Postal Services Act 2000” substitute “Part 3 of the Postal

Services Act 2011”, and

(b)   

for “that Act” substitute “that Part”.

London County Council (General Powers) Act 1957

78         

In section 89 of the London County Council (General Powers) Act 1957

35

(Crown rights)—

(a)   

for “the Postal Services Act 2000” substitute “Part 3 of the Postal

Services Act 2011”,

(b)   

for “that Act” substitute “that Part”, and

 
 

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments

136

 

(c)   

at the end insert—

   

“This section applies to a universal service provider only if

the provider is a company and at least half of its issued share

capital is owned by the Crown (within the meaning of Part 1

of the Postal Services Act 2011).”

5

Opencast Coal Act 1958

79         

The Opencast Coal Act 1958 is amended as follows.

80         

In section 51(1) (interpretation), in the definitions of “statutory undertakers”

and “statutory undertaking”, for “the Postal Services Act 2000” substitute

“Part 3 of the Postal Services Act 2011”.

10

81         

In section 52(2) (application to Scotland), in the definitions of “statutory

undertakers” and “statutory undertaking”, for “the Postal Services Act 2000”

substitute “Part 3 of the Postal Services Act 2011”.

Public Records Act 1958

82    (1)  

Schedule 1 to the Public Records Act 1958 (definition of public records) is

15

amended as follows.

      (2)  

Omit—

(a)   

the entry relating to the Post Office, and

(b)   

the entry relating to the Post Office company.

      (3)  

At the appropriate places insert the following entries—

20

           

“The company that was nominated under section 62 of the Postal

Services Act 2000 (reorganisation of the Post Office: transfer of

property etc to nominated company).”

           

“A Post Office company within the meaning of Part 1 of the Postal

Services Act 2011.”

25

           

“A Royal Mail company within the meaning of Part 1 of the Postal

Services Act 2011.”

83    (1)  

A relevant company must consult the Keeper of Public Records before it

alters in any significant respect any arrangements it has made for the

preservation of any of its public records.

30

      (2)  

“Relevant company” means a company an entry for which is inserted (or re-

inserted) into Schedule 1 to the Public Records Act 1958 as a result of

provision made by or under paragraph 82(3) or 84(1).

      (3)  

“Public records” means records that are public records for the purposes of

that Act.

35

84    (1)  

The Lord Chancellor may by order amend Schedule 1 to the Public Records

Act 1958 so as—

(a)   

to omit any of the entries inserted into that Schedule by paragraph

82(3) above, or

(b)   

to re-insert any such entry into that Schedule (if it has been omitted

40

as a result of a previous exercise of the power conferred by this sub-

paragraph).

 
 

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments

137

 

      (2)  

The provision that, as a result of section 87(2)(a), may be made by an order

under sub-paragraph (1) that omits an entry for a company includes, in

particular, provision for—

(a)   

the Public Records Act 1958, and

(b)   

paragraph 83 above,

5

           

to continue to apply to the company in respect of such of its records as were

public records for the purposes of that Act immediately before the order

comes into force.

      (3)  

An order under sub-paragraph (1) may be made only if the Secretary of State

has consented to the making of the order.

10

      (4)  

An order under sub-paragraph (1) is subject to negative resolution

procedure.

City of London (Various Powers) Act 1967

85         

In section 4 of the City of London (Various Powers) Act 1967 (interpretation

of Part 2), in the definition of “statutory undertakers”, for “the Postal

15

Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.

Forestry Act 1967

86         

In section 40(2)(e) of the Forestry Act 1967 (descriptions of land not subject

to compulsory purchase)—

(a)   

for “the Postal Services Act 2000” substitute “Part 3 of the Postal

20

Services Act 2011”, and

(b)   

for “that Act” substitute “that Part”.

Parliamentary Commissioner Act 1967

87         

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc

subject to investigation), omit the entry relating to the Postal Services

25

Commission.

National Loans Act 1968

88         

In section 12(5)(a) of the National Loans Act 1968 (Treasury’s borrowing

powers)—

(a)   

for the words from “the Post Office company”, in the first place, to

30

“the Post Office company”, in the second place, substitute “a Post

Office company (within the meaning of Part 1 of the Postal Services

Act 2011)”, and

(b)   

for “the Post Office company or any such subsidiary” substitute

“such a company”.

35

Greater London Council (General Powers) Act 1969

89         

In section 9 of the Greater London Council (General Powers) Act 1969

(interpretation of Part 3), in the definition of “statutory undertakers”, for

“the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act

2011”.

40

 
 

 
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