|
| |
|
19 | Omit section 79 (exercise of functions through nominees). |
| |
20 | In section 80(1) (shadow directors), for “the Post Office company” substitute |
| |
“a relevant company any part of which is owned by the Crown”. |
| |
21 | In section 82(1) (interpretation of Part 4)— |
| |
(a) | after the definition of “the appointed day” insert— |
| 5 |
““the Companies Acts” has the meaning given by |
| |
section 2 of the Companies Act 2006, |
| |
“company” includes any body corporate,”, |
| |
(b) | for the definitions of “the Post Office company” and “relevant |
| |
| 10 |
“any reference to a company being in the same “group” |
| |
as another company is to be read in accordance with |
| |
section 14(4)of the Postal Services Act 2011, |
| |
“the original holding company” has the meaning given |
| |
by section 14 of the Postal Services Act 2011, |
| 15 |
any reference to a company being a “parent” of another |
| |
company is to be read in accordance with section 1162 |
| |
of the Companies Act 2006, |
| |
“Post Office company” has the meaning given by section |
| |
6 of the Postal Services Act 2011, |
| 20 |
“relevant company” has the meaning given by section |
| |
| |
“Royal Mail company” has the meaning given by section |
| |
2 of the Postal Services Act 2011,”, |
| |
(c) | omit the definition of “share rights”, and |
| 25 |
(d) | for the definition of “wholly owned by the Crown” substitute— |
| |
““wholly owned by the Crown” has the meaning given |
| |
by section 14 of the Postal Services Act 2011.” |
| |
22 | For the heading of Part 6 substitute “Postal services: supplementary”. |
| |
23 (1) | Section 89 (schemes as to terms and conditions for provision of a universal |
| 30 |
postal service) is amended as follows. |
| |
(2) | In the heading, for “a universal postal service” substitute “postal services”. |
| |
(3) | For subsection (1) substitute— |
| |
“(1) | A postal operator may make a scheme under this section in relation |
| |
to any or all of the postal services provided by the operator.” |
| 35 |
| |
(a) | at the end of paragraph (a), insert “and”, and |
| |
(b) | omit paragraph (c) (together with the “and” before it). |
| |
(5) | In subsections (3)(a), (4)(a) and (7), for “the universal service provider |
| |
concerned” substitute “the postal operator”. |
| 40 |
24 | After section 89 insert— |
| |
“89A | Powers of OFCOM in relation to schemes |
| |
(1) | A postal operator may not make a scheme under section 89 unless— |
| |
|
| |
|
| |
|
(a) | the operator has notified OFCOM of the scheme that the |
| |
operator is proposing to make, and |
| |
(b) | the operator has carried out a consultation exercise in relation |
| |
to the proposed scheme in accordance with requirements |
| |
contained in a notification published by OFCOM. |
| 5 |
(2) | OFCOM may give a direction to a postal operator who has notified a |
| |
scheme to them under subsection (1)(a) requiring the operator to |
| |
make such modifications of the scheme as are specified in the |
| |
| |
(3) | Before giving a direction under subsection (2), OFCOM must publish |
| 10 |
| |
(a) | setting out the terms of the scheme that the operator proposes |
| |
| |
(b) | stating that OFCOM are proposing to give a direction under |
| |
subsection (2) modifying the scheme, |
| 15 |
(c) | setting out the effect of the proposed modification, |
| |
(d) | giving reasons for making the proposed modification, and |
| |
(e) | specifying the period within which representations may be |
| |
made to them about the proposed modification. |
| |
(4) | The specified period must be at least one month beginning with the |
| 20 |
day after the day the notification under subsection (3) is published. |
| |
(5) | OFCOM may not give a direction under subsection (2) unless they |
| |
have considered every representation and proposal made to them |
| |
during the period specified in that notification. |
| |
(6) | If the scheme is not in force at the time at which that notification is |
| 25 |
published, the operator may not bring the scheme into force until |
| |
such time as OFCOM may direct. |
| |
(7) | OFCOM must publish a notification of any direction that they make |
| |
| |
(8) | The publication of a notification under this section must be in such |
| 30 |
manner as OFCOM consider appropriate for bringing its contents to |
| |
the attention of such persons as they consider appropriate. |
| |
(9) | An obligation imposed on a postal operator by a direction under |
| |
subsection (2) is enforceable by OFCOM under Schedule 7 to the |
| |
Postal Services Act 2011 (enforcement of regulatory requirements).” |
| 35 |
25 (1) | Section 90 (exclusion of liability) is amended as follows. |
| |
(2) | Before subsection (1) insert— |
| |
“(A1) | This section applies in relation to— |
| |
(a) | the provision by a universal service provider of a universal |
| |
| 40 |
(b) | the provision by a postal operator of a service in relation to |
| |
which a scheme under section 89 (made by the operator) |
| |
| |
| |
(a) | “the operator” means the universal service provider or the |
| 45 |
postal operator concerned, and |
| |
|
| |
|
| |
|
(b) | “the service” means the service mentioned in subsection |
| |
(A1)(a) or (b) (as the case may be).” |
| |
| |
(a) | for “a universal service provider” substitute “the operator”, and |
| |
(b) | for “a universal postal service” substitute “the service”. |
| 5 |
| |
(a) | for “a universal service provider” substitute “the operator”, |
| |
(b) | for “the provider”, in both places, substitute “the operator”, and |
| |
(c) | in paragraph (b), for “an inland packet” substitute “a postal packet”. |
| |
| 10 |
(a) | for “the universal service provider concerned” substitute “the |
| |
| |
(b) | for “the provider” substitute “the operator”, and |
| |
(c) | in paragraph (b), for “an inland packet” substitute “a postal packet”. |
| |
26 (1) | Section 91 (limited liability for registered inland packets) is amended as |
| 15 |
| |
(2) | In the heading, for “registered inland packets” substitute “postal packets”. |
| |
| |
(a) | for “a universal service provider” substitute “a postal operator”, |
| |
(b) | for “an inland packet” substitute “a postal packet”, and |
| 20 |
(c) | for “the universal service provider” substitute “the operator”. |
| |
(4) | In subsection (2), for “the universal service provider” substitute “the postal |
| |
| |
(5) | In subsection (4), for “universal service provider” substitute “postal |
| |
| 25 |
| |
27 | In section 93(2) (power to modify sections 89 to 92 of that Act), for “the |
| |
Commission” substitute “OFCOM”. |
| |
28 (1) | Section 97 (harbour charges on mail-bags) is amended as follows. |
| |
| 30 |
(a) | in paragraph (a), for “a universal service provider in connection with |
| |
the provision of a universal postal service” substitute “a postal |
| |
operator in connection with the provision of postal services”, and |
| |
(b) | in paragraphs (b) and (c), for “such a provider in connection with the |
| |
provision of such a service” substitute “a postal operator in |
| 35 |
connection with the provision of postal services”. |
| |
(3) | In subsection (2)(b), for “a universal service provider in connection with the |
| |
provision of a universal postal service” substitute “a postal operator in |
| |
connection with the provision of postal services”. |
| |
29 | In section 98 (mail-bags not to be subject to control by harbour authorities)— |
| 40 |
(a) | in paragraph (a), for “a universal service provider in connection with |
| |
the provision of a universal postal service” substitute “a postal |
| |
operator in connection with the provision of postal services”, |
| |
|
| |
|
| |
|
(b) | in paragraph (b), for “such a provider in the provision of such a |
| |
service” substitute “a postal operator in connection with the |
| |
provision of postal services”, |
| |
(c) | in paragraph (c), for “such a provider in connection with the |
| |
provision of such a service” substitute “a postal operator in |
| 5 |
connection with the provision of postal services”, and |
| |
(d) | in paragraph (d), for “a universal service provider in connection with |
| |
the provision of a universal postal service” substitute “a postal |
| |
operator in connection with the provision of postal services”. |
| |
30 | In section 99 (common carriers)— |
| 10 |
(a) | for “universal service provider” substitute “postal operator”, and |
| |
(b) | for “a universal postal service” substitute “postal services”. |
| |
31 (1) | Section 100 (certain exemptions from postage etc.) is amended as follows. |
| |
(2) | Omit subsections (1) to (3). |
| |
| 15 |
(a) | for “universal service provider” substitute “postal operator”, and |
| |
(b) | for “a universal postal service” substitute “postal services”. |
| |
(4) | In subsection (5), for “universal service provider” substitute “postal |
| |
| |
32 (1) | Section 101 (directions in interests of national security etc) is amended as |
| 20 |
| |
(2) | In subsection (1), for the words from “such directions” to “functions” |
| |
substitute “a direction to OFCOM in connection with the exercise of their |
| |
functions relating to postal services”. |
| |
(3) | In subsection (2), for “the Commission” substitute “OFCOM”. |
| 25 |
(4) | In subsection (3), for the words from “such directions” to the end substitute |
| |
“a direction (relating to the provision of postal services) to— |
| |
| |
(b) | a description of postal operators, or |
| |
(c) | all postal operators.” |
| 30 |
(5) | In subsection (4), for “licence holder” substitute “postal operator”. |
| |
(6) | In subsection (5), for “the Commission” substitute “OFCOM”. |
| |
(7) | For subsection (6) substitute— |
| |
“(6) | Before giving a direction under subsection (3) to a particular postal |
| |
operator (as opposed to all postal operators or a description of them), |
| 35 |
the Secretary of State must consult the operator.” |
| |
(8) | In subsection (7)(a), for “the Commission” substitute “OFCOM”. |
| |
33 (1) | Section 102 (power to ensure compliance with the Postal Services Directive) |
| |
| |
(2) | In subsection (1)(a)(i), for “a Community obligation” substitute “an EU |
| 40 |
| |
(3) | In subsection (3)(a), for “the Commission” substitute “OFCOM”. |
| |
|
| |
|
| |
|
34 | In section 104(3) (inviolability of mails)— |
| |
(a) | omit paragraphs (a) and (b), and |
| |
(b) | before paragraph (c) insert— |
| |
“(ba) | a power conferred by section 104A,”. |
| |
35 | After section 104 insert— |
| 5 |
“104A | Power to detain packets in respect of unpaid or underpaid postage |
| |
| |
(a) | may detain any postal packet in respect of which there has |
| |
been no payment, or an underpayment, for postage, and |
| |
(b) | may impose a surcharge in respect of that non-payment or |
| 10 |
| |
(2) | A postal operator may detain the packet until the correct postage and |
| |
any surcharge have been paid. |
| |
(3) | OFCOM may give a direction to a postal operator— |
| |
(a) | limiting the amount of any surcharge, and |
| 15 |
(b) | limiting the length of time for which a postal packet may be |
| |
detained under subsection (2) (and, if a direction is given |
| |
under this paragraph, that subsection has effect subject to the |
| |
| |
(4) | Where a direction is given to an operator limiting the amount of a |
| 20 |
surcharge, subsection (2) has effect in relation to the operator (in any |
| |
case where the surcharge would otherwise exceed the amount |
| |
specified in the direction) as if the surcharge were equal to the |
| |
amount specified in the direction. |
| |
(5) | Before giving a direction to a postal operator under this section, |
| 25 |
| |
(a) | inform the operator that they propose to give it a direction, |
| |
| |
(b) | allow the operator an opportunity to make representations |
| |
| 30 |
36 | In section 105 (application of customs and excise enactments to certain |
| |
postal packets), after subsection (4) insert— |
| |
“(4A) | A postal operator may detain a postal packet to which this section |
| |
applies until any duties and charges in respect of the packet that are |
| |
recoverable by virtue of subsection (3) have been paid.” |
| 35 |
37 | After section 105 insert— |
| |
“105A | Section 105: limit on handling charges etc |
| |
(1) | OFCOM may give a direction to a postal operator— |
| |
(a) | limiting the amount of any handling charge, and |
| |
(b) | limiting the length of time for which a postal packet may be |
| 40 |
detained under section 105(4A) (and, if a direction is given |
| |
under this paragraph, that subsection has effect subject to the |
| |
| |
(2) | Where a direction is given to an operator limiting the amount of a |
| |
handling charge, section 105(3) to (4A) have effect in relation to the |
| 45 |
|
| |
|
| |
|
operator (in any case where the charge would otherwise exceed the |
| |
amount specified in the direction) as if the charge were equal to the |
| |
amount specified in the direction. |
| |
(3) | Before giving a direction to a postal operator under this section, |
| |
| 5 |
(a) | inform the operator that they propose to give it a direction, |
| |
| |
(b) | allow the operator an opportunity to make representations |
| |
| |
(4) | In this section “handling charge” means a charge payable to a postal |
| 10 |
operator, in respect of a postal packet, for the performance by the |
| |
operator of all or any of the duties mentioned in section 105(2)(c).” |
| |
38 (1) | Section 111 (exclusion of liability in relation to postal and money orders) is |
| |
| |
| 15 |
(a) | for “the Post Office company”, in the first place, substitute “a Post |
| |
| |
(b) | in paragraphs (a) and (b), for “the Post Office company” substitute |
| |
| |
(3) | In subsections (2) and (3), for “the Post Office company” substitute “a Post |
| 20 |
| |
| |
(a) | for “the Post Office company”, in the first place, substitute “a Post |
| |
| |
(b) | for “the Post Office company”, in the second place, substitute “the |
| 25 |
| |
| |
(a) | for “the Post Office company”, in the first place, substitute “a Post |
| |
| |
(b) | for “the Post Office company”, in the second place, substitute “the |
| 30 |
| |
| |
(a) | for “the Post Office company”, in the first place, substitute “a Post |
| |
| |
(b) | for “the Post Office company”, in the second and third places, |
| 35 |
substitute “the company”. |
| |
(7) | In subsection (7), for “the Post Office company” substitute “a Post Office |
| |
| |
(8) | After subsection (8) insert— |
| |
“(8A) | In this section and sections 112 to 114 “Post Office company” has the |
| 40 |
meaning given by section 6 of the Postal Services Act 2011.” |
| |
39 (1) | Section 112 (schemes in relation to postal and money orders) is amended as |
| |
| |
(2) | In subsections (1) and (2), for “The Post Office company” substitute “A Post |
| |
| 45 |
|
| |
|
| |
|
(3) | In subsections (5) and (8), for “the Post Office company” substitute “a Post |
| |
| |
40 (1) | Section 113 (recoupment of losses on wrongly paid money orders) is |
| |
| |
| 5 |
(a) | in paragraph (a), for “the Post Office company” substitute “a Post |
| |
| |
(b) | in paragraph (b), for “the Post Office company” substitute “a Post |
| |
Office company (“the company”)”. |
| |
(3) | In subsection (2), for “the Post Office company” substitute “the company”. |
| 10 |
41 (1) | Section 114 (special arrangements with other countries or territories) is |
| |
| |
(2) | In subsection (1), for “the Post Office company” substitute “a Post Office |
| |
| |
| 15 |
(a) | for “the Post Office company”, in the first place, substitute “a Post |
| |
| |
(b) | for “the Post Office company”, in the second place, substitute “the |
| |
| |
42 (1) | Section 116 (the Postcode Address File) is amended as follows. |
| 20 |
(2) | In subsection (2), for “the Commission” substitute “OFCOM”. |
| |
(3) | After that subsection insert— |
| |
“(2A) | OFCOM may give a direction to the owner for the time being of the |
| |
Postcode Address File requiring the owner— |
| |
(a) | to issue, and comply with, a code of practice dealing with the |
| 25 |
making of revisions to the File, or |
| |
(b) | to make such modifications of the code as are specified in the |
| |
| |
(2B) | A direction under subsection (2A) is enforceable under Schedule 7 to |
| |
the Postal Services Act 2011; but, where it is given to a person who is |
| 30 |
not providing a postal service, that Schedule has effect with the |
| |
omission of paragraphs 7(2) and (3), 8(4) and 11.” |
| |
(4) | After subsection (4) insert— |
| |
“(5) | OFCOM may give a direction to the owner of the Postcode Address |
| |
File as to the terms that may be imposed under subsection (1)(b). |
| 35 |
(6) | If it does so, no term that contravenes the direction may be imposed |
| |
| |
43 | Omit section 117 (records of the former Postmaster General’s department). |
| |
44 | Omit section 118 (supplementary provisions about the Council). |
| |
45 | Omit section 119 (general restriction on disclosure of information). |
| 40 |
46 (1) | Section 122 (orders and regulations) is amended as follows. |
| |
|
| |
|