Postal Services Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Postal Services Bill

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 1 — Postal Services Act 2000
131

      (2)
In subsection (3), omit “9, 10,”.
      (3)
In subsection (5), omit “8,”.
      (4)
In subsection (10), omit “10, 38(8), 58(7), 59(2),” and “, paragraph 4 of
Schedule 7”.
      (5)
In subsection (12), omit “8, 9, 30(2),”.
5
47
In section 123 (directions), at the end insert—
“(4)
OFCOM may give a direction under this Act only if they are satisfied
that the direction—
(a)
is objectively justifiable,
(b)
does not discriminate unduly against particular persons or a
10
particular description of persons,
(c)
is proportionate to what it is intended to achieve, and
(d)
is transparent in relation to what it is intended to achieve.”
48
In section 124(1) (general financial provision), omit paragraph (a).
49    (1)
Section 125(1) (interpretation) is amended as follows.
15
      (2)
After the definition of “notice” insert—
““OFCOM” means the Office of Communications,”.
      (3)
For the definition of “postal operator” substitute—
““postal operator” has the same meaning as in Part 3 of the
Postal Services Act 2011 (see section 26(3) to (5) of that Act)),”.
20
      (4)
In the definition of “the Postal Services Directive”, for the words from
“implementation” to the end substitute “improvement of quality of service,
as amended from time to time,”.
      (5)
After the definition of “public holiday” insert—
““public post office” means any post office from which any
25
postal services are provided directly to the public (whether or
not together with other services),”.
      (6)
After the definition of “subordinate legislation” insert—
“references to the provision of a “universal postal service” are to
be read in accordance with sections 29 to 32 and section 63(3)
30
of the Postal Services Act 2011,
“universal postal service letter box” has the meaning given by
section 86 of this Act,
“universal postal service post office” has the meaning given by
that section,
35
“universal service provider” has the meaning given by section
63(1) of the Postal Services Act 2011,”.
50
Omit section 126 (index).
51
Omit Schedule 1 (the Postal Services Commission).
52    (1)
Schedule 3 (transfer to the Post Office company: supplementary provisions)
40
is amended as follows.
      (2)
Omit paragraphs 6(1), 7, 9 and 10.

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 2 — Communications Act 2003
132

      (3)
In the other provisions, for “the Post Office company”, in each place,
substitute “the original holding company”.
53
In Schedule 4 (transfer to the Post Office company: tax), omit paragraphs 5
and 9.
54    (1)
Schedule 5 (acquisition of land) is amended as follows.
5
      (2)
In paragraph 1(1), for “required for any purpose in connection with the
provision of a universal postal service” substitute “where it is necessary to
do so for the purpose of providing a universal postal service”.
      (3)
In paragraph 2(1), for “required for any purpose in connection with the
provision of a universal postal service” substitute “where it is necessary to
10
do so for the purpose of providing a universal postal service”.
      (4)
In paragraph 3(1), for paragraphs (a) and (b) substitute—
“(a)
which it is necessary to acquire for the purpose of
providing a universal postal service, or
(b)
as to which it can reasonably be foreseen that it will be so
15
necessary,”.
55
Omit Schedule 7 (disclosure of information).
Part 2
Communications Act 2003
56
The Communications Act 2003 is amended as follows.
20
57
In section 3 (general duties of OFCOM), after subsection (6) insert—
“(6A)
Where it appears to OFCOM, in relation to the carrying out of any of
their functions in relation to postal services, that any of their general
duties conflict with their duty under section 28 of the Postal Services
Act 2011 (duty to secure provision of universal postal service),
25
priority must be given to their duty under that section.”
58
In section 14 (consumer research), after subsection (6) insert—
“(6A)
OFCOM must make arrangements for ascertaining—
(a)
the state of public opinion from time to time about the way in
which postal services are provided;
30
(b)
the experiences of consumers in the markets for postal
services, in relation to the way in which those services are
provided;
(c)
the experiences of such consumers in relation to the handling,
by persons providing postal services, of complaints made to
35
them by such consumers;
(d)
the experiences of such consumers in relation to the
resolution of disputes with persons providing postal
services;
(e)
the interests and experiences of such consumers in relation to
40
matters that are incidental to or otherwise connected with
their experiences of the provision of postal services.”
59    (1)
Section 16 (consumer consultation) is amended as follows.

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 2 — Communications Act 2003
133

      (2)
In subsection (1)(b), at the end insert “(other than postal services)”.
      (3)
In subsection (3)—
(a)
in paragraph (c), for “any such services or facilities” substitute “a
service or facility mentioned in subsection (4)(a) to (e)”, and
(b)
in paragraph (e), for “such services or facilities” substitute “services
5
or facilities mentioned in subsection (4)”.
      (4)
In subsection (4)—
(a)
omit “and” at the end of paragraph (d), and
(b)
after paragraph (e) insert—
“(f)
postal services.”
10
      (5)
In subsection (13), in paragraph (a) of the definition of “domestic and small
business consumer”, for “any such services or facilities” substitute “a service
or facility mentioned in subsection (4)(a) to (e)”.
60    (1)
Section 22(5) (representation on international and other bodies) is amended
as follows.
15
      (2)
In the definition of “communication functions”, omit the “and” at the end of
paragraph and after that paragraph insert—
“(ba)
functions relating to postal services; and”.
      (3)
In the definition of “international meetings about communication”, after
paragraph (b) insert—
20
“(ba)
the regulation of postal services;”.
61    (1)
Section 26 (publication of information and advice for consumers etc) is
amended as follows.
      (2)
In subsection (2)—
(a)
omit the “and” at the end of paragraph (c), and
25
(b)
after paragraph (d) insert—
“(e)
the customers of persons who provide postal
services.”
      (3)
After that subsection insert—
“(2A)
In subsection (2)(e) the reference to customers of persons who
30
provide postal services includes—
(a)
persons who wish to be provided with such services,
(b)
persons who are likely to seek to be provided with such
services, and
(c)
addressees.”
35
62
In section 369(1) (matters in relation to which OFCOM have competition
functions), after paragraph (e) insert—
“(f)
the provision of postal services.”
63    (1)
Section 370 (OFCOM’s functions under Part 4 of the Enterprise Act 2002) is
amended as follows.
40
      (2)
In subsection (11), for “section 3 does not” substitute “section 3 of this Act
(general duties) and section 28 of the Postal Services Act 2011 (duty to secure
provision of universal postal service) do not”.

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
134

      (3)
In subsection (12), for “section 3(1) to (4)” substitute “section 3(1) to (4) of this
Act or section 28 of the Postal Services Act 2011”.
64    (1)
Section 371 (OFCOM’s functions under Competition Act 1998) is amended
as follows.
      (2)
In subsection (11), for “section 3 does not” substitute “section 3 of this Act
5
(general duties) and section 28 of the Postal Services Act 2011 (duty to secure
provision of universal postal service) do not”.
      (3)
In subsection (12), for “section 3(1) to (4)” substitute “section 3(1) to (4) of this
Act or section 28 of the Postal Services Act 2011”.
65
In section 394(2) (service of notifications and other documents)—
10
(a)
omit the “and” at the end of paragraph (e), and
(b)
at the end insert—
“(g)
Part 3 of the Postal Services Act 2011.”
66
In section 400(1) (destination of licence fees and penalties), at the end
insert—
15
“(i)
an amount paid to OFCOM in respect of a penalty imposed
by them under Part 3 of the Postal Services Act 2011.”
67
In section 404(4) (criminal liability of company directors etc.)—
(a)
omit the “or” at the end of paragraph (d), and
(b)
at the end insert “; or
20
(f)
Part 3 of the Postal Services Act 2011.”
68    (1)
Section 405 (general interpretation) is amended as follows.
      (2)
In subsection (1), after the definition of “other member State” insert—
““postal services” has the meaning given by section 26 of the
Postal Services Act 2011;”.
25
      (3)
After subsection (5) insert—
“(5A)
References in this Act to consumers in a market for a service include,
where the service is a postal service, addressees.”
69
In Schedule 16, omit paragraph 6 (which made amendments superseded by
this Act).
30
70
In Schedule 17, omit paragraph 162(3) (which made amendments
superseded by this Act).
Part 3
Other enactments
Commissioners Clauses Act 1847
35
71
In section 99 of the Commissioners Clauses Act 1847 (services of notices
upon commissioners)—
(a)
omit “(within the meanings given by the Postal Services Act 2000)”,
and

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
135

(b)
at the end insert—

“In this section “post office” has the meaning given by section
125(1) of the Postal Services Act 2000 and “postal operator”
has the meaning given by section 26 of the Postal Services Act
2011.”
5
Improvement of Land Act 1864
72
In section 7 of the Improvement of Land Act 1864 (services of notices on
other persons), for “the Postal Services Act 2000” substitute “Part 3 of the
Postal Services Act 2011”.
Bills of Exchange Act 1882
10
73
In section 2 of the Bills of Exchange Act 1882 (interpretation of terms), in the
definition of “postal operator”, for “section 125(1) of the Postal Services Act
2000” substitute “section 26 of the Postal Services Act 2011”.
Congested Districts (Scotland) Act 1897
74
In section 4(1)(f) of the Congested Districts (Scotland) Act 1897 (application
15
of money at disposal of Commissioners), for the words from “within the
power” to “to grant under guarantee” substitute “within the power of a Post
Office company (within the meaning of Part 1 of the Postal Services Act
2011) to grant under guarantee”.
Law of Property Act 1925
20
75
In section 196(4) of the Law of Property Act 1925 (regulations respecting
notices), for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”.
Execution of Diligence (Scotland) Act 1926
76
In section 2(2)(e) of the Execution of Diligence (Scotland) Act 1926 (execution
25
of arrestment or charge by registered letter in certain cases)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “the Postal Services Act 2000”.
Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
30
77
In section 7(1) of the Acquisition of Land (Authorisation Procedure)
(Scotland) Act 1947 (interpretation), in the definition of “statutory
undertakers”—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
35
(b)
for “that Act” substitute “that Part”.
London County Council (General Powers) Act 1957
78
In section 89 of the London County Council (General Powers) Act 1957
(Crown rights)—

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
136

(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”,
(b)
for “that Act” substitute “that Part”, and
(c)
at the end insert—

“This section applies to a universal service provider only if
5
the provider is a company and at least half of its issued share
capital is owned by the Crown (within the meaning of Part 1
of the Postal Services Act 2011).”
Opencast Coal Act 1958
79
The Opencast Coal Act 1958 is amended as follows.
10
80
In section 51(1) (interpretation), in the definitions of “statutory undertakers”
and “statutory undertaking”, for “the Postal Services Act 2000” substitute
“Part 3 of the Postal Services Act 2011”.
81
In section 52(2) (application to Scotland), in the definitions of “statutory
undertakers” and “statutory undertaking”, for “the Postal Services Act 2000”
15
substitute “Part 3 of the Postal Services Act 2011”.
Public Records Act 1958
82    (1)
Schedule 1 to the Public Records Act 1958 (definition of public records) is
amended as follows.
      (2)
Omit—
20
(a)
the entry relating to the Post Office, and
(b)
the entry relating to the Post Office company.
      (3)
At the appropriate places insert the following entries—

“The company that was nominated under section 62 of the Postal
Services Act 2000 (reorganisation of the Post Office: transfer of
25
property etc to nominated company).”

“A Post Office company within the meaning of Part 1 of the Postal
Services Act 2011.”

“A Royal Mail company within the meaning of Part 1 of the Postal
Services Act 2011.”
30
83    (1)
A relevant company must consult the Keeper of Public Records before it
alters in any significant respect any arrangements it has made for the
preservation of any of its public records.
      (2)
“Relevant company” means a company an entry for which is inserted (or re-
inserted) into Schedule 1 to the Public Records Act 1958 as a result of
35
provision made by or under paragraph 82(3) or 84(1).
      (3)
“Public records” means records that are public records for the purposes of
that Act.
84    (1)
The Lord Chancellor may by order amend Schedule 1 to the Public Records
Act 1958 so as—
40
(a)
to omit any of the entries inserted into that Schedule by paragraph
82(3) above, or

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
137

(b)
to re-insert any such entry into that Schedule (if it has been omitted
as a result of a previous exercise of the power conferred by this sub-
paragraph).
      (2)
The provision that, as a result of section 87(2)(a), may be made by an order
under sub-paragraph (1) that omits an entry for a company includes, in
5
particular, provision for—
(a)
the Public Records Act 1958, and
(b)
paragraph 83 above,

to continue to apply to the company in respect of such of its records as were
public records for the purposes of that Act immediately before the order
10
comes into force.
      (3)
An order under sub-paragraph (1) may be made only if the Secretary of State
has consented to the making of the order.
      (4)
An order under sub-paragraph (1) is subject to negative resolution
procedure.
15
City of London (Various Powers) Act 1967
85
In section 4 of the City of London (Various Powers) Act 1967 (interpretation
of Part 2), in the definition of “statutory undertakers”, for “the Postal
Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.
Forestry Act 1967
20
86
In section 40(2)(e) of the Forestry Act 1967 (descriptions of land not subject
to compulsory purchase)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
25
Parliamentary Commissioner Act 1967
87
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), omit the entry relating to the Postal Services
Commission.
National Loans Act 1968
30
88
In section 12(5)(a) of the National Loans Act 1968 (Treasury’s borrowing
powers)—
(a)
for the words from “the Post Office company”, in the first place, to
“the Post Office company”, in the second place, substitute “a Post
Office company (within the meaning of Part 1 of the Postal Services
35
Act 2011)”, and
(b)
for “the Post Office company or any such subsidiary” substitute
“such a company”.
Greater London Council (General Powers) Act 1969
89
In section 9 of the Greater London Council (General Powers) Act 1969
40
(interpretation of Part 3), in the definition of “statutory undertakers”, for