House of Commons Amendments

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Public Bill Committee: 7 December 2010
138

Postal Services Bill, continued

Nia Griffith

Gordon Banks

114

Clause  57,  page  35,  line  46,  leave out from ‘decision’ to end of Clause.

Nia Griffith

Gordon Banks

123

Clause  59,  page  36,  line  26,  leave out ‘may’ and insert ‘must’.

Nia Griffith

Gordon Banks

67

Schedule  9,  page  99,  line  18,  leave out ‘Except as mentioned below,’.

Nia Griffith

Gordon Banks

68

Schedule  9,  page  99,  leave out lines 24 to 29.

Nia Griffith

Gordon Banks

124

Clause  65,  page  40,  line  7,  leave out ‘5’ and insert ‘3’.

Nia Griffith

Gordon Banks

125

Clause  67,  page  40,  line  33,  at end insert—

‘(aa)
the rescue as a going concern of the company subject to the order, and’.

Nia Griffith

Gordon Banks

126

Clause  67,  page  40,  line  34,  leave out ‘one or both of the following means’ and

insert ‘means of relevant transfers’.

Public Bill Committee: 7 December 2010
139

Postal Services Bill, continued

Nia Griffith

Gordon Banks

127

Clause  67,  page  40,  line  35,  at end insert—

‘(c)
the protection of the interests and entitlements of the employees of the

company subject to the order.’.

Nia Griffith

Gordon Banks

128

Clause  67,  page  40,  line  36,  leave out subsection (2).

Nia Griffith

Gordon Banks

129

Clause  67,  page  41,  line  26,  at end insert—

‘(e)
the protection of employees of the company is secured such that they will

suffer no material detriment arising out of the relevant transfer.’.

Nia Griffith

Gordon Banks

130

Clause  68,  page  41,  line  40,  at end insert—

‘(ca)
representatives of the employees of the company, and’.

Nia Griffith

Gordon Banks

131

Clause  69,  page  42,  line  13,  at end insert—

‘(ea)
before making the order call for such evidence as it think appropriate that

the interests and entitlements of employees of the company are to be

safeguarded, and’.

Nia Griffith

Gordon Banks

132

Clause  69,  page  42,  line  19,  leave out from ‘Act’ to end of line 21 and insert ‘an

administration order would be likely to achieve the purpose of the administration.’.

Nia Griffith

Gordon Banks

133

Clause  69,  page  42,  line  38,  at end insert ‘and

Public Bill Committee: 7 December 2010
140

Postal Services Bill, continued

(c)
make provisions for the safeguarding of the interest and entitlements of

employees of the company.’.

Nia Griffith

Gordon Banks

134

Clause  70,  page  43,  line  19,  at end insert ‘and

(c)
the interests and entitlements of the company’s employees.’.

Nia Griffith

Gordon Banks

137

Schedule  10,  page  103,  line  6,  leave out ‘50,’.

Nia Griffith

Gordon Banks

138

Schedule  10,  page  104,  line  8,  at end insert—

‘(aa)
explain how the objective of protecting the interests and entitlements of

employees of the company subject to the order is to be achieved, and’.

Nia Griffith

Gordon Banks

139

Schedule  11,  page  114,  line  10,  at end insert—

‘(aa)
representatives of the employees of the old company have consented to

the making of the scheme, and’.

Nia Griffith

Gordon Banks

140

Schedule  11,  page  114,  line  21,  after ‘company’, insert ‘, the representatives of the

employees of that company’.

Nia Griffith

Gordon Banks

141

Schedule  11,  page  114,  line  27,  after first ‘company’, insert ‘, the representatives of

the employees of that company’.

Public Bill Committee: 7 December 2010
141

Postal Services Bill, continued

Nia Griffith

Gordon Banks

142

Schedule  11,  page  114,  line  30,  after ‘company’, insert ‘, and the representatives of

the employees of that company’.

Nia Griffith

Gordon Banks

143

Schedule  11,  page  114,  line  39,  at end insert ‘, including the employees of the old

company’.

Nia Griffith

Gordon Banks

144

Schedule  11,  page  114,  line  41,  at end insert ‘and the representatives of the

employees of the old company.’.

Nia Griffith

Gordon Banks

145

Schedule  11,  page  116,  line  43,  at end insert ‘provided that any such modifications

are in the interest of fair competition and do not place the old company at a competitive

disadvantage.’.

Nia Griffith

Gordon Banks

146

Schedule  11,  page  117,  line  27,  at beginning insert ‘Subject to paragraphs 19 and

20,’.

Nia Griffith

Gordon Banks

147

Schedule  11,  page  119,  line  30,  after ‘under’, insert ‘or in connection with’.

Nia Griffith

Gordon Banks

148

Schedule  11,  page  119,  line  37,  at end insert—

‘(2)
The new company shall procure that employees of the old company who become

employees of the new company as a result of a postal transfer scheme are entitled

to the same pension benefits in respect of their employment with the new

company as was the case in their employment with the old company and that such

employees will suffer no material detriment in relation to pension provision.’.

Mr Edward Davey

102

Clause  80,  page  48,  line  38,  leave out from ‘29’ to end of line 40.

Public Bill Committee: 7 December 2010
142

Postal Services Bill, continued

Mr Edward Davey

103

Clause  80,  page  49,  line  3,  leave out from ‘30’ to end of line 5.

Nia Griffith

Gordon Banks

135

Clause  80,  page  49,  line  5,  at end insert ‘but not so as to reduce the extent of the

minimum requirements of the universal postal service.’.

Nia Griffith

Gordon Banks

136

Clause  80,  page  49,  line  13,  at end insert ‘provided that—

(a)
the Secretary of State has first considered whether it is in the interest of

fair competition to modify or revoke any regulatory conditions

applicable to other postal operators; and

(b)
the Secretary of State has issued a statement that he considers that the

modification or revocation of regulatory conditions proposed is in the

interest of fair competition.’.

Mr Edward Davey

104

Clause  80,  page  49,  line  32,  at end insert—

‘(12A)
The power conferred by subsection (2) or (5) may not be exercised at any time

after the postal administration order has ceased to be in force.’.

Nia Griffith

Gordon Banks

69

Schedule  12,  page  128,  line  13,  at end insert ‘unless it can be identified that the

packet was incorrectly priced by—

(a)
the postal operator, or

(b)
the access point provider.’.

Nia Griffith

Gordon Banks

46

Schedule  12,  page  136,  line  28,  after ‘consult’, insert ‘and have regard to the

opinion of’.

Nia Griffith

Gordon Banks

47

Schedule  12,  page  136,  line  29,  leave out ‘it has’ and insert ‘that have been’.

Public Bill Committee: 7 December 2010
143

Postal Services Bill, continued

New Clauses

Royal Mail Holdings plc to be wholly owned by the Crown

Nia Griffith

Gordon Banks

NC1

To move the following Clause:—

‘(1)
Royal Mail Holdings plc is wholly owned by the Crown.

(2)
The restrictions on dealings are outlined in sections 65 to 67 of the Postal Services

Act 2000.’.

Government to retain majority shareholding in Royal Mail Holdings plc and subsidiaries

Nia Griffith

Gordon Banks

NC2

To move the following Clause:—

‘The Government must retain a majority of shareholdings in Royal Mail Holdings

plc and its relevant subsidiaries.’.

Guarantee of inter-business agreement

Nia Griffith

Gordon Banks

NC3

To move the following Clause:—

‘Prior to any sale or transfer of a post office company an agreement must be

secured to guarantee the inter-business agreement between Post Office Ltd and

Royal Mail for a period of at least 10 years.’.

Guarantee of inter-business agreement (No 2)

Nia Griffith

Gordon Banks

NC4

To move the following Clause:—

Public Bill Committee: 7 December 2010
144

Postal Services Bill, continued

‘Prior to any sale or transfer of a post office company an agreement must be

secured to guarantee the inter-business agreement between Post Office Ltd and

Royal Mail for a period of at least 15 years.’.

Restriction on universal service provider disposals

Mr Mike Weir

NC5

To move the following Clause:—

‘Any company providing a universal postal service must, prior to selling any part

of its business to another entity, first report its intention to OFCOM who must

certify the sale does not in any way reduce the company’s ability to deliver its

universal service.’.

British Postal Museum Collection

Nia Griffith

Gordon Banks

NC6

To move the following Clause:—

‘Companies in the new postal market must continue to have regard to the integrity

and united custodianship of the British Postal Museum Collection as a social

obligation.’.

Universal service obligation

Nia Griffith

Gordon Banks

NC7

To move the following Clause:—

‘(1)
The universal service provider must send to the Secretary of State each year a

report on its fulfilment of the universal service obligation.

(2)
The report must give details of—

(a)
the range and extent of the service, including access points,

(b)
the utilisation of the service by its customers,

(c)
any surveys, or studies, of the use of the service, and

(d)
any exceptions in the service.

(3)
The report must give details of how it is adapting service provision to ensure it is

accessible to—



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