Postal Services Bill

House of Commons

Session 2010 - 11
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Postal Services Bill

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 1 — Postal Services Act 2000
124

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
subsidiary” substitute—
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
68(1A) of this Act,
“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
      (4)
In subsection (2)—
(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—

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 1 — Postal Services Act 2000
125

(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
direction.
(3)
Before giving a direction under subsection (2), OFCOM must publish
10
a notification—
(a)
setting out the terms of the scheme that the operator proposes
to make,
(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
under subsection (2).
(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
postal service, and
40
(b)
the provision by a postal operator of a service in relation to
which a scheme under section 89 (made by the operator)
applies.
(A2)
In this section—
(a)
“the operator” means the universal service provider or the
45
postal operator concerned, and

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 1 — Postal Services Act 2000
126

(b)
“the service” means the service mentioned in subsection
(A1)(a) or (b) (as the case may be).”
      (3)
In subsection (1)—
(a)
for “a universal service provider” substitute “the operator”, and
(b)
for “a universal postal service” substitute “the service”.
5
      (4)
In subsection (2)—
(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”.
      (5)
In subsection (3)—
10
(a)
for “the universal service provider concerned” substitute “the
operator”,
(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
follows.
      (2)
In the heading, for “registered inland packets” substitute “postal packets”.
      (3)
In subsection (1)—
(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
operator”.
      (5)
In subsection (4), for “universal service provider” substitute “postal
operator”.
25
      (6)
Omit subsection (6).
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.
      (2)
In subsection (1)—
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”,

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 1 — Postal Services Act 2000
127

(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).
      (3)
In subsection (4)—
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
operator”.
32    (1)
Section 101 (directions in interests of national security etc) is amended as
20
follows.
      (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—
(a)
a postal operator,
(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)
is amended as follows.
      (2)
In subsection (1)(a)(i), for “a Community obligation” substitute “an EU
40
obligation”.
      (3)
In subsection (3)(a), for “the Commission” substitute “OFCOM”.

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 1 — Postal Services Act 2000
128

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
(1)
A postal operator—
(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
underpayment.
(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
direction).
(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
OFCOM must—
(a)
inform the operator that they propose to give it a direction,
and
(b)
allow the operator an opportunity to make representations
about the proposal.”
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
direction).
(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

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 1 — Postal Services Act 2000
129

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,
OFCOM must—
5
(a)
inform the operator that they propose to give it a direction,
and
(b)
allow the operator an opportunity to make representations
about the proposal.
(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
amended as follows.
      (2)
In subsection (1)—
15
(a)
for “the Post Office company”, in the first place, substitute “a Post
Office company”, and
(b)
in paragraphs (a) and (b), for “the Post Office company” substitute
“the company”.
      (3)
In subsections (2) and (3), for “the Post Office company” substitute “a Post
20
Office company”.
      (4)
In subsection (4)—
(a)
for “the Post Office company”, in the first place, substitute “a Post
Office company”, and
(b)
for “the Post Office company”, in the second place, substitute “the
25
company”.
      (5)
In subsection (5)—
(a)
for “the Post Office company”, in the first place, substitute “a Post
Office company”, and
(b)
for “the Post Office company”, in the second place, substitute “the
30
company”.
      (6)
In subsection (6)—
(a)
for “the Post Office company”, in the first place, substitute “a Post
Office company”, and
(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
company”.
      (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
follows.
      (2)
In subsections (1) and (2), for “The Post Office company” substitute “A Post
Office company”.
45

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 1 — Postal Services Act 2000
130

      (3)
In subsections (5) and (8), for “the Post Office company” substitute “a Post
Office company”.
40    (1)
Section 113 (recoupment of losses on wrongly paid money orders) is
amended as follows.
      (2)
In subsection (1)—
5
(a)
in paragraph (a), for “the Post Office company” substitute “a Post
Office company”, and
(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
amended as follows.
      (2)
In subsection (1), for “the Post Office company” substitute “a Post Office
company”.
      (3)
In subsection (2)—
15
(a)
for “the Post Office company”, in the first place, substitute “a Post
Office company”, and
(b)
for “the Post Office company”, in the second place, substitute “the
company”.
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
direction.
(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
under that provision.”
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.