|
| |
|
| |
(a) | a company registered under the Companies Act 2006, or |
| |
(b) | an unregistered company, |
| |
“the court”, in relation to a company, means the court having jurisdiction |
| |
| 5 |
“foreign company” means a company incorporated outside the United |
| |
| |
“objective of the postal administration” is to be read in accordance with |
| |
| |
“postal administration order” has the meaning given by section 66(1), |
| 10 |
“postal administration rules” means rules made under section 411 of the |
| |
1986 Act as a result of section 71 above, |
| |
“postal administrator” has the meaning given by section 66(2) and is to be |
| |
read in accordance with subsection (3) below, |
| |
“Scottish firm” means a firm constituted under the law of Scotland, |
| 15 |
“UK affairs, business and property”, in relation to a company, means— |
| |
(a) | its affairs and business so far as carried on in the United |
| |
| |
(b) | its property in the United Kingdom, and |
| |
“unregistered company” means a company that is not registered under |
| 20 |
| |
(2) | Any expression which is used in this Part and in Part 3 has the same meaning |
| |
in this Part as in that Part. |
| |
(3) | In this Part references to the postal administrator of a company— |
| |
(a) | include a person appointed under paragraph 91 or 103 of Schedule B1 |
| 25 |
to the 1986 Act, as applied by Part 1 of Schedule 10 to this Act, to be the |
| |
postal administrator of the company, and |
| |
(b) | if two or more persons are appointed as the postal administrator of the |
| |
company, are to be read in accordance with the provision made under |
| |
| 30 |
(4) | References in this Part to a person qualified to act as an insolvency practitioner |
| |
in relation to a company are to be read in accordance with Part 13 of the 1986 |
| |
Act, but as if references in that Part to a company included a company |
| |
registered under the Companies Act 2006 in Northern Ireland. |
| |
(5) | For the purposes of this Part an application made to the court is outstanding if |
| 35 |
| |
(a) | has not yet been granted or dismissed, and |
| |
(b) | has not been withdrawn. |
| |
(6) | An application is not to be taken as having been dismissed if an appeal against |
| |
the dismissal of the application, or a subsequent appeal, is pending. |
| 40 |
(7) | An appeal is to be treated as pending for this purpose if— |
| |
(a) | an appeal has been brought and has not been determined or |
| |
| |
(b) | an application for permission to appeal has been made but has not been |
| |
determined or withdrawn, or |
| 45 |
(c) | no appeal has been brought and the period for bringing one is still |
| |
| |
|
| |
|
| |
|
(8) | References in this Part to Schedule B1 to the 1986 Act, or to a provision of that |
| |
Schedule (except the references in subsection (2) above), are to that Schedule or |
| |
that provision without the modifications made by Part 1 of Schedule 10 to this |
| |
| |
| 5 |
(1) | The Lord Chancellor may, by order made with the concurrence of the Secretary |
| |
of State and the Lord Chief Justice, apply (with or without modifications) any |
| |
provision of this Part in relation to partnerships. |
| |
(2) | An order under subsection (1) is subject to negative resolution procedure. |
| |
(3) | Subsection (1) does not apply in relation to Scottish firms. |
| 10 |
(4) | The Lord Chief Justice may nominate a judicial office holder (as defined in |
| |
section 109(4) of the Constitutional Reform Act 2005) to exercise the function of |
| |
the Lord Chief Justice under subsection (1). |
| |
(5) | The Secretary of State may by order apply (with or without modifications) any |
| |
provision of this Part in relation to Scottish firms. |
| 15 |
(6) | An order under subsection (5) is subject to negative resolution procedure. |
| |
| |
(1) | This section makes provision about the application of this Part to Northern |
| |
| |
(2) | Any reference to any provision of the 1986 Act is to have effect as a reference |
| 20 |
to the corresponding provision of the Insolvency (Northern Ireland) Order |
| |
| |
(3) | Section 83(4) is to have effect as if the reference to Northern Ireland were to |
| |
England and Wales or Scotland. |
| |
(4) | Section 84 is to have effect as if— |
| 25 |
| |
(i) | the reference to the Secretary of State were to the Department of |
| |
Enterprise, Trade and Investment, and |
| |
(ii) | the reference to the Lord Chief Justice were to the Lord Chief |
| |
Justice of Northern Ireland, and |
| 30 |
(b) | for subsection (4) there were substituted— |
| |
“(4) | The Lord Chief Justice of Northern Ireland may nominate— |
| |
(a) | the holder of one of the offices listed in Schedule 1 to the |
| |
Justice (Northern Ireland) Act 2002, or |
| |
(b) | a Lord Justice of Appeal (as defined in section 88 of that |
| 35 |
| |
| to exercise the function of the Lord Chief Justice of Northern |
| |
Ireland under subsection (1).” |
| |
| |
(1) | As soon as reasonably practicable after the end of the review period, the |
| 40 |
| |
|
| |
|
| |
|
(a) | carry out a review of the provisions of this Part, and |
| |
(b) | set out the conclusions of the review in a report. |
| |
(2) | The report must, in particular— |
| |
(a) | set out the objectives intended to be achieved by the regulatory system |
| |
established by those provisions, |
| 5 |
(b) | assess the extent to which those objectives have been achieved, and |
| |
(c) | assess whether those objectives remain appropriate and, if so, the |
| |
extent to which they could be achieved with a system that imposed less |
| |
| |
(3) | The review period is the period of 5 years beginning with the day on which the |
| 10 |
provisions of this Part come generally into force. |
| |
(4) | The Secretary of State must lay the report before Parliament. |
| |
| |
| |
87 | Orders and regulations made by Ministers of Crown |
| 15 |
(1) | This section applies to orders and regulations under this Act made by the |
| |
Secretary of State, the Treasury or the Lord Chancellor. |
| |
(2) | Any order or regulations may— |
| |
(a) | contain incidental, supplementary, consequential, transitional, |
| |
transitory or saving provision, and |
| 20 |
(b) | make different provision for different cases or circumstances or for |
| |
| |
(3) | Any order or regulations are to be made by statutory instrument. |
| |
(4) | Where any order or regulations are subject to “affirmative resolution |
| |
procedure” the order or regulations may not be made unless a draft of the |
| 25 |
statutory instrument containing the order or regulations has been laid before, |
| |
and approved by a resolution of, each House of Parliament. |
| |
(5) | Where any order is subject to “approval after being made”, the order— |
| |
(a) | must be laid before Parliament after being made, and |
| |
(b) | ceases to have effect at the end of the period of 28 days beginning with |
| 30 |
the day on which it was made unless, during that period, it is approved |
| |
by a resolution of each House of Parliament. |
| |
(6) | In reckoning the period of 28 days no account is to be taken of any time— |
| |
(a) | during which Parliament is dissolved or adjourned, or |
| |
(b) | during which both Houses are adjourned for more than 4 days. |
| 35 |
(7) | The order ceasing to have effect does not affect— |
| |
(a) | anything previously done under it, or |
| |
(b) | the making of a new order. |
| |
(8) | Where any order or regulations are subject to “negative resolution procedure” |
| |
the statutory instrument containing the order or regulations is subject to |
| 40 |
annulment in pursuance of a resolution of either House of Parliament. |
| |
|
| |
|
| |
|
(9) | Any provision that may be made by any order or regulations subject to |
| |
negative resolution procedure may be included in an order or regulations |
| |
subject to affirmative resolution procedure (in which case negative resolution |
| |
procedure does not apply to the order or regulations). |
| |
| 5 |
| |
| |
(a) | an enactment contained in subordinate legislation within the |
| |
meaning of the Interpretation Act 1978, |
| |
(b) | an enactment contained in, or in an instrument made under, an |
| 10 |
Act of the Scottish Parliament, |
| |
(c) | an enactment contained in, or in an instrument made under, |
| |
Northern Ireland legislation, and |
| |
(d) | an enactment contained in, or in an instrument made under, a |
| |
Measure or Act of the National Assembly for Wales, and |
| 15 |
“OFCOM” means the Office of Communications. |
| |
89 | Minor and consequential amendments |
| |
(1) | Schedule 12 contains minor and consequential amendments (including |
| |
| |
| 20 |
Part 1 makes provision in relation to the Postal Services Act 2000, |
| |
Part 2 makes provision in relation to the Communications Act 2003, and |
| |
Part 3 makes provision in relation to other enactments. |
| |
(3) | The Secretary of State or the Treasury may by order make such other provision |
| |
amending, repealing, revoking or otherwise modifying any enactment as they |
| 25 |
consider necessary or expedient in consequence of any provision made by this |
| |
| |
(4) | An order under subsection (3) is subject to negative resolution procedure. |
| |
| |
There is to be paid out of money provided by Parliament— |
| 30 |
(a) | any expenditure incurred by a Minister of the Crown or the Postal Services |
| |
Commission by virtue of this Act, and |
| |
(b) | any increase attributable to this Act in the sums payable under any other Act |
| |
out of money so provided. |
| |
91 | Short title, commencement and extent |
| 35 |
(1) | This Act may be cited as the Postal Services Act 2011. |
| |
(2) | The following provisions of this Act come into force on the day on which this |
| |
| |
(a) | section 41 and Schedule 4 (recovery of administrative charges incurred |
| |
| 40 |
(b) | section 64 and Schedule 9 (transitional provisions for Part 3) and the |
| |
provisions mentioned in that Schedule (to the extent provided), |
| |
|
| |
|
| |
|
| |
(d) | section 89(3) and (4), |
| |
| |
| |
(g) | any other provisions of this Act so far as necessary for the purposes of |
| 5 |
any of the provisions mentioned above. |
| |
(3) | The remaining provisions of this Act come into force on such day as the |
| |
Secretary of State may by order appoint (and different days may be appointed |
| |
| |
(4) | The Secretary of State may by order make such transitional provision and |
| 10 |
savings as the Secretary of State considers necessary or expedient in connection |
| |
with the commencement of any provision made by this Act. |
| |
(5) | Any amendment or repeal made by this Act has the same extent as the |
| |
enactment to which it relates. |
| |
(6) | Subject to that, this Act extends to England and Wales, Scotland and Northern |
| 15 |
| |
|
| |
|