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Postal Services Bill


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

145

 

Taxation of Chargeable Gains Act 1992

145        

In section 288(3A) of the Taxation of Chargeable Gains Act 1992 (meaning of

“the no gain/no loss provisions”), at the end insert—

“(l)   

paragraph 1(2) or 4 of Schedule 2 to the Postal Services Act

2011.”

5

Criminal Procedure (Scotland) Act 1995

146        

In section 307(1) of the Criminal Procedure (Scotland) Act 1995

(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

Merchant Shipping Act 1995

147        

In section 30(10) of the Merchant Shipping Act 1995 (payment of seamen’s

wages), for “the Post Office company (within the meaning of Part IV of the

Postal Services Act 2000), for that amount was despatched by the recorded

delivery service” substitute “a Post Office company (as defined by section 6

15

of the Postal Services Act 2011), for that amount was despatched by a

recorded delivery service”.

Local Government and Rating Act 1997

148        

In paragraph 3(4)(a) of Schedule 2 to the Local Government and Rating Act

1997 (relief from non-domestic rates for general stores etc in rural

20

settlements: Scotland)—

(a)   

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

Services Act 2011”, and

(b)   

for “that Act” substitute “that Part”.

Planning (Hazardous Substances) (Scotland) Act 1997

25

149        

In section 38(5) of the Planning (Hazardous Substances) (Scotland) Act 1997

(interpretation)—

(a)   

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

Services Act 2011”, and

(b)   

for “that Act” substitute “that Part”.

30

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

150        

In section 81(3B) of the Planning (Listed Buildings and Conservation Areas)

(Scotland) Act 1997 (interpretation)—

(a)   

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

Services Act 2011”, and

35

(b)   

for “that Act” substitute “that Part”.

Town and Country Planning (Scotland) Act 1997

151        

In section 277(1) of the Town and Country Planning (Scotland) Act 1997

(interpretation), in the definition of “universal postal service provider”—

(a)   

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

40

Services Act 2011”, and

 
 

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

146

 

(b)   

for “that Act” substitute “that Part”.

Competition Act 1998

152        

In paragraph 19A(9) of Schedule 7 to the Competition Act 1998 (performance

of the Commission’s general functions), in the definition of “special

reference group”, omit paragraph (l).

5

Northern Ireland Act 1998

153        

In section 76(7)(g) of the Northern Ireland Act 1998 (discrimination by public

authorities)—

(a)   

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

Services Act 2011”, and

10

(b)   

for “that Act” substitute “that Part”.

Regional Development Agencies Act 1998

154        

In section 19(8A) of the Regional Development Agencies Act 1998 (vesting

of land by order), for “the Postal Services Act 2000” substitute “Part 3 of the

Postal Services Act 2011”.

15

Greater London Authority Act 1999

155        

In section 17A(3) of the Greater London Authority Act 1999 (free delivery of

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

the Postal Services Act 2011”.

Countryside and Rights of Way Act 2000

20

156        

In paragraph 14(1) of Schedule 1 to the Countryside and Rights of Way Act

2000 (excepted land for purposes of Part 1: interpretation), in paragraph (e)

of the definition of “statutory undertaker” and paragraph (a) of the

definition of “statutory undertaking”—

(a)   

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

25

Services Act 2011”, and

(b)   

for “that Act” substitute “that Part”.

Freedom of Information Act 2000

157        

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

authorities: other public bodies and offices), omit the entry relating to the

30

Post Office.

Political Parties, Elections and Referendums Act 2000

158        

In paragraph 1(4) of Schedule 12 to the Political Parties, Elections and

Referendums Act 2000 (assistance available to designated organisations:

right to send referendum address post free), for “the Postal Services Act

35

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

Regulation of Investigatory Powers Act 2000

159        

The Regulation of Investigatory Powers Act 2000 is amended as follows.

 
 

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

147

 

160        

In section 82(3) (powers of postal operators not affected by Act), for “the

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

161        

In Part 2 of Schedule 1 (relevant authorities for purposes of section 28

only)—

(a)   

omit paragraph 28D (together with the heading before it), and

5

(b)   

in paragraph 28E—

(i)   

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

Postal Services Act 2011”, and

(ii)   

for “that Act” substitute “that Part”.

Anti-terrorism, Crime and Security Act 2001

10

162        

In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001

(enactments to which section 17 of Act applies)—

(a)   

omit paragraph 51, and

(b)   

at the end insert—

“53D       

Section 54(2) of the Postal Services Act 2011.”

15

Enterprise Act 2002

163        

The Enterprise Act 2002 is amended as follows.

164   (1)  

Section 168 (regulated markets) is amended as follows.

      (2)  

In subsection (3)—

(a)   

omit paragraph (l) (together with the “or” at the end of it), and

20

(b)   

at the end insert—

“(o)   

modifying regulatory conditions imposed under Part

3 of the Postal Services Act 2011;”.

      (3)  

In subsection (4)—

(a)   

omit paragraph (n) (together with the “and” at the end of it), and

25

(b)   

at the end insert—

“(q)   

in relation to regulatory conditions imposed under

Part 3 of the Postal Services Act 2011, the duty of the

Office of Communications under section 28 of that

Act;”.

30

      (4)  

In subsection (5), omit paragraph (h).

165        

In Schedule 9, omit paragraph 14 (which made an amendment superseded

by this Act).

166        

In Schedule 15 to the Enterprise Act 2002 (information: enactments

conferring functions), at the end insert—

35

           

“Postal Services Act 2011.”

167        

In Schedule 25, omit paragraph 42 (which made an amendment superseded

by this Act).

Office of Communications Act 2002

168        

In paragraph 12(2) of the Schedule to the Office of Communications Act 2002

40

 
 

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

148

 

(OFCOM’s annual report), omit the “and” at the end of paragraph (a) and

after that paragraph insert—

“(aa)   

a report about OFCOM’s performance, during that year, of

their duty under section 28 of the Postal Services Act 2011

(duty to secure provision of universal postal service); and”.

5

Railways and Transport Safety Act 2003

169        

In Schedule 2 to the Railways and Transport Safety Act 2003, omit paragraph

19(r) (which made amendments superseded by this Act).

Water Act 2003

170        

In Schedule 7 to the Water Act 2003, omit paragraph 33 (which made

10

amendments superseded by this Act).

London Local Authorities Act 2004

171        

In section 13(3) of the London Local Authorities Act 2004 (defacement of

buildings: protection of universal postal service providers)—

(a)   

for “the Postal Services Act 2000 (c.26)” substitute “Part 3 of the

15

Postal Services Act 2011”, and

(b)   

for “section 86(4) of that Act” substitute “section 86(4) of the Postal

Services Act 2000”.

Gambling Act 2005

172        

In Schedule 16 to the Gambling Act 2005, omit paragraph 15 (which made

20

amendments superseded by this Act).

Railways Act 2005

173        

In Schedule 12 to the Railways Act 2005, omit paragraph 15 (which made

amendments superseded by this Act).

Government of Wales Act 2006

25

174        

In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly

measures), in matter 6.1, for the words from “by a person who holds, or is

required to hold, a licence from the Postal Services Commission” to

“services)” substitute “by a postal operator providing a postal service within

the scope of the universal postal service (within the meaning of Part 3 of the

30

Postal Services Act 2011)”.

Legislative and Regulatory Reform Act 2006

175        

In section 24(5) of the Legislative and Regulatory Reform Act 2006 (functions

to which sections 21 and 22 apply), omit paragraph (d).

Consumer, Estate Agents and Redress Act 2007

35

176        

The Consumers, Estate Agents and Redress Act 2007 is amended as follows.

177        

In the following provisions (which relate to postal services in Northern

Ireland), for “relevant postal services” substitute “postal services”—

 
 

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

149

 

section 2(1)(c)(ii),

section 3(2)(b) and (4)(a),

section 4(1)(b) and (5)(b),

section 5(4)(b), and

section 38(2)(c).

5

178   (1)  

Section 15 (reference of matters to the Postal Services Commission) is

amended as follows.

      (2)  

For the heading substitute “Reference of postal matters to OFCOM”.

      (3)  

In subsection (1)—

(a)   

in the opening words, for “the Postal Services Commission (“the

10

Commission”)” substitute “the Office of Communications

(“OFCOM”)”, and

(b)   

in paragraph (a), for “a condition of a licence under Part 2 of the

Postal Services Act 2000” substitute “a regulatory condition imposed

under Part 3 of the Postal Services Act 2011”.

15

      (4)  

In subsection (2), for “the Commission”, in both places, substitute

“OFCOM”.

179        

In section 16(2) (investigations relating to public post offices), for “section

42(3)” substitute “section 125(1)”.

180        

In section 24(9) (provision of information: definitions), in the definition of

20

“designated regulator”), for paragraph (b) substitute—

“(b)   

the Office of Communications;”.

181   (1)  

Section 25 (enforcement by regulator of section 24 notice) is amended as

follows.

      (2)  

In subsection (3), in the table, for the entry relating to a person holding a

25

licence under Part 2 of the Postal Services Act 2000 substitute—

 

“A postal operator.

The Office of Communications.”

 

      (3)  

After subsection (6) insert—

“(6A)   

An obligation imposed by virtue of subsection (5) on a postal

operator is enforceable by OFCOM under Schedule 7 to the Postal

30

Services Act 2011 (enforcement of regulatory requirements).”

182        

In section 29(3)(b) (disclosure of information: application of Part 9 of the

Enterprise Act 2002), for “the Postal Services Act 2000” substitute “the Postal

Services Act 2011”.

183   (1)  

Section 41 (interpretation of Part 1) is amended as follows.

35

      (2)  

At the appropriate place insert—

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

Postal Services Act 2011 (see section 63 of that Act);”.

      (3)  

In the definition of “postal services”, for “Postal Services Act 2000 (see

section 125(1) of that Act)” substitute “Part 3 of the Postal Services Act 2011

40

(see section 63 of that Act)”.

 
 

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

150

 

      (4)  

Omit the definition of “relevant postal services”.

184        

In section 42 (interpretation of Part 2), omit the entry relating to a person

holding a licence under Part 2 of the Postal Services Act 2000.

185   (1)  

Section 45 (information with respect to compliance with complaints

handling standards) is amended as follows.

5

      (2)  

After subsection (1) insert—

“(1A)   

This section also applies in relation to standards for the handling of

complaints made about postal operators by users of their services

which are contained in consumer protection conditions imposed

under Part 3 of the Postal Services Act 2011.”

10

      (3)  

In subsection (2), after “providers” insert “or postal operators”.

186        

In section 52, omit subsection (4) (which made amendments superseded by

this Act).

187        

In section 60(10) (orders and regulations: meaning of “regulator”), omit

paragraph (b) (together with the “or” before it).

15

188        

In section 65 (extent), omit subsections (4) and (5).

189        

Omit the following provisions (which made amendments superseded by

this Act)—

(a)   

paragraphs 30 and 31 of Schedule 1,

(b)   

paragraph 3 of Schedule 2,

20

(c)   

paragraph 3 of Schedule 5, and

(d)   

paragraphs 12 to 16 of Schedule 7.

Legal Services Act 2007

190        

In paragraph 11(9) of Schedule 14 to the Legal Services Act 2007 (mail and

other forms of communication), for “section 125(1) of the Postal Services Act

25

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

London Local Authorities Act 2007

191        

In section 75 of the London Local Authorities Act 2007 (mail forwarding

businesses), for subsection (11) substitute—

“(11)   

Nothing in subsection (1) or (6) above shall apply to—

30

(a)   

a postal operator providing a service within the scope of the

universal postal service (within the meaning of Part 3 of the

Postal Services Act 2011), or

(b)   

a Post Office company (within the meaning of Part 1 of that

Act).”

35

Regulatory Enforcement and Sanctions Act 2008

192   (1)  

Section 73 of the Regulatory Enforcement and Sanctions Act 2008 (functions

to which section 72 applies) is amended as follows.

      (2)  

In subsection (2), for paragraph (d) (together with the “and” at the end of it)

 
 

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

151

 

substitute—

“(d)   

the Office of Communications in relation to postal services,

and”.

      (3)  

After subsection (10) insert—

“(10A)   

In subsection (2)(d) “postal services” has the same meaning as in Part

5

3 of the Postal Services Act 2011.”

 
 

 
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