Postal Services Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Business, Innovation
and Skills, are published separately as Bill 78—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Vince Cable has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Postal Services Bill are compatible with the
Convention rights.
Bill 78
55/1
Contents
Part 1
Restructuring of Royal Mail group
Removal of existing statutory restrictions on ownership
1
Removal of restrictions on ownership of Royal Mail Holdings plc etc
Ownership of the Royal Mail
2
Report on decision to dispose of shares in a Royal Mail company etc
3
Employee share scheme
Ownership of the Post Office
4
Restrictions on issue and transfer of shares and share rights in a Post Office company etc
5
Report on transfer of interest in a Post Office company to a relevant mutual
6
Meaning of “Post Office company”
7
Meaning of “relevant mutual”
Transfer of property etc
8
Transfer schemes
9
Transfer of employees otherwise than under transfer scheme
10
Taxation provisions relating to re-structuring
Supplementary provisions
11
Annual report on post office network
12
Directions
Interpretation
13
Ownership of companies
14
Part 1: general interpretation
ii
Part 2
Royal Mail Pension Plan
Introduction
15
Powers exercisable
16
Transfer of qualifying accrued rights to new public scheme
17
Division of the RMPP into different sections
18
Amendments of the RMPP
19
Protection against adverse treatment
20
Transfer of assets of the RMPP
21
Restriction on power to transfer assets
22
Taxation
23
Information
24
Orders and regulations
25
Interpretation of Part 2
Part 3
Regulation of postal services
Postal services
26
Postal services, postal packets and postal operators
27
General authorisation to provide postal services
The universal postal service
28
Duty to secure provision of universal postal service
29
30
Minimum requirements
31
Section 30: definitions
32
Exceptions to minimum requirements
33
Review of minimum requirements
Universal service providers
34
Designation of universal service providers
35
Designated USP conditions
36
Publication of information about performance
37
USP access conditions
38
USP accounting conditions
Persons providing services within scope of universal postal service
39
Services within scope of the universal postal service
40
General universal service conditions
iii
41
Recovery of administrative charges incurred by OFCOM
Financial support for universal postal service
42
Review of costs of universal service obligations
43
Fairness of bearing burden of universal service obligations
44
Contributions for meeting burden
45
Report on sharing mechanism
Postal operators generally
46
Notification by postal operators
47
Essential conditions
48
General access conditions
49
Consumer protection conditions
50
Provision that may be made by consumer protection conditions
General provisions
51
Imposition, modification or revocation of regulatory conditions
52
Enforcement of regulatory requirements
53
54
General restriction on disclosure of information
Appeals
55
Decisions by OFCOM to impose regulatory conditions, penalties etc
56
Appeals from the CAT
57
Price control decisions
58
Section 57: supplementary
Supplementary and consequential provisions
59
Duties in relation to social and environmental matters
60
UK postage stamps bearing image of Her Majesty
61
Orders, schemes and regulations made by OFCOM
62
Abolition of Postal Services Commission etc
63
Interpretation of Part 3 etc
64
Transitional provisions for Part 3
65
Review of Part 3
Part 4
Special administration regime
Postal administration orders
66
67
Objective of a postal administration
68
Applications for postal administration orders
69
Powers of court
70
Postal administrators
71
Conduct of administration, transfer schemes etc
iv
Restrictions on other insolvency procedures
72
Winding-up orders
73
Voluntary winding up
74
Making of ordinary administration orders
75
Administrator appointments by creditors etc
76
Enforcement of security
Financial support for companies in administration
77
Grants and loans
78
Indemnities
79
Guarantees where postal administration order is made
Modifications of regulatory conditions etc
80
Regulatory powers exercisable during postal administration
81
Regulatory conditions to secure funding of postal administration order
82
Modification of Part 4 under Enterprise Act 2002
83
Interpretation of Part 4
84
Partnerships
85
Northern Ireland
86
Review of Part 4
Part 5
General
87
Orders and regulations made by Ministers of Crown
88
Minor definitions
89
Minor and consequential amendments
90
Financial provisions
91
Short title, commencement and extent
Schedule 1 —
Schedule 2 —
Taxation provisions relating to re-structuring etc
Schedule 3 —
Further provision about access conditions
Part 1 —
Provision that may be made by access conditions
Part 2 —
Resolution of access disputes by OFCOM
Schedule 4 —
Schedule 5 —
Approval of redress schemes
Schedule 6 —
Imposition, modification or revocation of regulatory
conditions
Schedule 7 —
Schedule 8 —
Information provisions
Requirements to provide information to OFCOM
Enforcement
Part 3 —
v
Schedule 9 —
Schedule 10 —
Conduct of postal administration
Modifications of Schedule B1 to 1986 Act
Further modifications of Schedule B1 to 1986 Act: foreign
companies
Other modifications
Schedule 11 —
Postal transfer schemes
Schedule 12 —
Postal Services Act 2000
Communications Act 2003
Other enactments