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Session 2010 - 11
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Postal Services Bill


Postal Services Bill
Part 2 — Royal Mail Pension Plan

12

 

Supplementary provisions

22      

Taxation

(1)   

The Treasury may by regulations make provision for varying the way in which

any relevant tax would, apart from the regulations, have effect in relation to—

(a)   

a new public scheme,

5

(b)   

members of a new public scheme, or

(c)   

a fund within section 20(1)(c).

(2)   

Regulations under subsection (1) may include provision for treating a new

public scheme as a registered pension scheme.

(3)   

The Treasury may by regulations make provision for varying the way in which

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any relevant tax would, apart from the regulations, have effect in relation to, or

in connection with, anything done in relation to—

(a)   

the RMPP, or

(b)   

any members of the RMPP,

   

by or under, or in consequence of, an order made under this Part.

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(4)   

Regulations under subsection (1) or (3) may include provision for any of the

following—

(a)   

a tax provision not to apply or to apply with modifications,

(b)   

anything done to have or not to have a specified consequence for the

purposes of a tax provision, and

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(c)   

the withdrawal of relief and the charging of a relevant tax.

(5)   

Provision made by regulations under subsection (1) or (3), other than provision

withdrawing a relief or charging a relevant tax, may have retrospective effect.

(6)   

The Treasury may by regulations make provision, in relation to qualifying

accounting periods, for extinguishing such losses made in a trade as they

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consider are attributable to deductions made for, or in connection with,

contributions in respect of qualifying members of the RMPP.

(7)   

A “qualifying” accounting period is one beginning on or after the date (“the

trigger date”) on which an order under section 16 is made establishing a new

public scheme or transferring qualifying accrued rights to a new public

30

scheme.

(8)   

Regulations under subsection (6) have effect only if the company whose losses

are extinguished is wholly owned by the Crown (within the meaning of Part 1)

on the day before the trigger date.

(9)   

In this section—

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“relevant tax” means—

(a)   

income tax,

(b)   

capital gains tax,

(c)   

corporation tax,

(d)   

inheritance tax,

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(e)   

stamp duty and stamp duty reserve tax, and

(f)   

stamp duty land tax,

“registered pension scheme” has the same meaning as in Part 4 of the

Finance Act 2004,

 
 

Postal Services Bill
Part 2 — Royal Mail Pension Plan

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“tax provision” means any provision made by or under an enactment

relating to a relevant tax.

23      

Information

The Secretary of State may by order make provision for requiring any

prescribed person to disclose any information (whether in the form of a

5

document or otherwise) to the Secretary of State for any purpose of this Part.

24      

Orders and regulations

(1)   

Before making—

(a)   

an order under section 16 that contains provision establishing a new

public scheme or transferring qualifying accrued rights to a new public

10

scheme, or

(b)   

any order under any other provision of this Part,

   

the Secretary of State must consult the trustee of the RMPP and a Royal Mail

company (within the meaning of Part 1).

(2)   

The Secretary of State may not make an order under any provision of this Part

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(apart from section 23) unless the Treasury have consented to its making.

(3)   

Any order under this Part is subject to negative resolution procedure.

(4)   

A statutory instrument containing regulations under section 22 is subject to

annulment in pursuance of a resolution of the House of Commons.

(5)   

Nothing in any provision of this Part that authorises the inclusion of any

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particular kind of provision in any order, regulations or scheme is to be read as

restricting the generality of the provision that may be included in the order,

regulations or scheme.

25      

Interpretation of Part 2

(1)   

In this Part—

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“active member” has the meaning given by section 124(1) of the Pensions

Act 1995,

“company” means any body corporate,

“deferred member” has the meaning given by section 124(1) of the

Pensions Act 1995,

30

“enactment” includes an enactment whenever passed or made,

“member” has the meaning given by section 124(1) of the Pensions Act

1995,

“money purchase benefits” has the meaning given by section 181 of the

Pension Schemes Act 1993,

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“new public scheme” has the meaning given by section 16,

“occupational pension scheme” has the meaning given by section 1 of the

Pension Schemes Act 1993,

“pensionable service” has the meaning given by section 124(1) of the

Pensions Act 1995,

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“pension credit right” has the meaning given by section 124(1) of the

Pensions Act 1995,

“prescribed” means specified in, or determined in accordance with, an

order made by the Secretary of State,

 
 

Postal Services Bill
Part 3 — Regulation of postal services

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“qualifying accrued rights”, in relation to qualifying members of the

RMPP, has the meaning given by section 15,

“qualifying member of the RMPP” has the meaning given by section 15,

“the qualifying time” has the meaning given by section 15,

“the RMPP” has the meaning given by section 15.

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(2)   

Any reference in this Part to amending the RMPP includes—

(a)   

amending the trust deed or rules of the RMPP or any other instrument

relating to the constitution, management or operation of the RMPP, and

(b)   

amending any instrument relating to the provision of financial support

to or in relation to the RMPP.

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Part 3

Regulation of postal services

Postal services

26      

Postal services, postal packets and postal operators

(1)   

“Postal services” means—

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(a)   

the service of conveying postal packets from one place to another by

post,

(b)   

the incidental services of receiving, collecting, sorting and delivering

postal packets, and

(c)   

any other service which relates to, and is provided in conjunction with,

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any service within paragraph (a) or (b).

(2)   

“Postal packet” means a letter, parcel, packet or other article transmissible by

post.

(3)   

“Postal operator” means a person who provides—

(a)   

the service of conveying postal packets from one place to another by

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post, or

(b)   

any of the incidental services of receiving, collecting, sorting and

delivering postal packets.

(4)   

A person is not to be regarded as a postal operator merely as a result of

receiving postal packets in the course of acting as an agent for, or otherwise on

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behalf of, another.

(5)   

The Secretary of State may make regulations prescribing circumstances in

which subsection (4) is not to apply.

(6)   

Regulations under subsection (5) are subject to affirmative resolution

procedure.

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27      

General authorisation to provide postal services

(1)   

Persons may provide postal services without the need for any licence or

authorisation, but the provision of those services by postal operators may be

subject to regulatory conditions that OFCOM may impose on them under this

Part.

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(2)   

In this Part a “regulatory condition” means any of the following conditions—

 
 

Postal Services Bill
Part 3 — Regulation of postal services

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(a)   

a designated USP condition (see sections 35 and 36),

(b)   

a USP access condition (see section 37 and Schedule 3),

(c)   

a USP accounting condition (see section 38),

(d)   

a general universal service condition (see section 40),

(e)   

an essential condition (see section 47),

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(f)   

a general access condition (see section 48 and Schedule 3), and

(g)   

a consumer protection condition (see sections 49 and 50).

The universal postal service

28      

Duty to secure provision of universal postal service

(1)   

OFCOM must carry out their functions in relation to postal services in a way

10

that they consider will secure the provision of a universal postal service.

(2)   

Accordingly, the power of OFCOM to impose access or other regulatory

conditions is subject to the duty imposed by subsection (1).

(3)   

In performing their duty under subsection (1) OFCOM must have regard to—

(a)   

the need for the provision of a universal postal service to be financially

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sustainable, and

(b)   

the need for the provision of a universal postal service to be efficient.

(4)   

OFCOM’s duty under subsection (1) includes a duty to carry out their

functions in relation to postal services in a way that they consider will secure

the provision of sufficient access points to meet the reasonable needs of users

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of the universal postal service.

(5)   

In this Part “access point” means any box, receptacle or other facility provided

for the purpose of receiving postal packets, or any class of postal packets, for

onwards transmission by post.

29      

The universal postal service

25

(1)   

OFCOM must by order (a “universal postal service order”) set out—

(a)   

a description of the services that they consider should be provided in

the United Kingdom as a universal postal service, and

(b)   

the standards with which those services are to comply.

(2)   

A universal postal service must, as a minimum, include each of the services set

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out in section 30 (as read with sections 31 and 32).

(3)   

Before making or modifying a universal postal service order, OFCOM must

carry out an assessment of the extent to which the market for the provision of

postal services in the United Kingdom is meeting the reasonable needs of the

users of those services.

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(4)   

Subsection (3) does not apply in relation to the making of the first universal

postal service order; but OFCOM must carry out an assessment of the kind

mentioned in that subsection before the end of the period of 18 months

beginning with the day on which the provisions of this Part come generally

into force.

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Postal Services Bill
Part 3 — Regulation of postal services

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(5)   

The Secretary of State may direct OFCOM to secure that the first universal

postal service order does not include services of a description specified in the

direction.

(6)   

OFCOM must notify the European Commission of—

(a)   

the universal postal service order, and

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(b)   

any modifications of the order.

30      

Minimum requirements

This section sets out the services that must, as a minimum, be included in a

universal postal service.

Requirement 1: delivery of letters or other postal packets

10

     (1)  

At least one delivery of letters every Monday to Saturday—

(a)   

to the home or premises of every individual or other person

in the United Kingdom, or

(b)   

to such identifiable points for the delivery of postal packets as

OFCOM may approve.

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      (2)  

At least one delivery of other postal packets every Monday to Friday

to the places within paragraph (1)(a) or (b).

      (3)  

The references in this requirement to the delivery of letters or other

postal packets include the delivery of packets posted outside the

United Kingdom.

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Requirement 2: collection of letters or other postal packets

     (1)  

At least one collection of letters every Monday to Saturday from

every access point in the United Kingdom used for the purpose of

receiving postal packets, or any class of them, for onwards

transmission in connection with the provision of a universal postal

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service.

      (2)  

At least one collection of other postal packets every Monday to

Friday from every access point in the United Kingdom used for that

purpose.

      (3)  

The references in this requirement to the onwards transmission of

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letters or other postal packets include their onwards transmission to

places outside the United Kingdom.

Requirement 3: service at affordable prices in accordance with uniform public tariff

     (1)  

A service of conveying postal packets from one place to another by

post (including the incidental services of receiving, collecting,

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sorting and delivering them) at affordable prices determined in

accordance with a public tariff which is uniform throughout the

United Kingdom.

      (2)  

The reference in this requirement to conveying postal packets from

one place to another includes conveying them to places outside the

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United Kingdom.

 
 

 
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