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 3 — Other enactments
138

“the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act
2011”.
Post Office Act 1969
90
The Post Office Act 1969 is amended as follows.
91    (1)
Section 139 (application to Northern Ireland) is amended as follows.
5
      (2)
In subsection (3)—
(a)
omit, in each place, “(within the meaning of the Postal Services Act
2000)”, and
(b)
omit, in each place, “(within the meaning of that Act)”.
      (3)
After that subsection insert—
10
“(3A)
In subsection (3) “universal service provider” and “universal postal
service” have the same meaning as in Part 3 of the Postal Services Act
2011.”
92    (1)
Paragraph 93 of Schedule 4 (adaptation of enactments etc) is amended as
follows.
15
      (2)
Omit, in each place, “(within the meaning of the Postal Services Act 2000)”.
      (3)
In sub-paragraph (1), omit “(within the meaning of the Act)”.
      (4)
After sub-paragraph (4) insert—
   “(4A)
In this paragraph “universal service provider” and “universal
postal service” have the same meaning as in Part 3 of the Postal
20
Services Act 2011.”
Greater London Council (General Powers) Act 1970
93
The Greater London Council (General Powers) Act 1970 is amended as
follows.
94
In section 11(6) (miscellaneous amendments), for “the Postal Services Act
25
2000” substitute “Part 3 of the Postal Services Act 2011”.
95
In section 15(6)(b) (licence to erect scaffolding), in the definition of “statutory
undertakers”, for “the Postal Services Act 2000” substitute “Part 3 of the
Postal Services Act 2011”.
Pensions (Increase) Act 1971
30
96    (1)
Schedule 3 to the Pensions (Increase) Act 1971 (further administrative,
incidental and consequential provisions) is amended as follows.
      (2)
In paragraph 3, for “the Post Office company”, in each place, substitute “the
original holding company”.
      (3)
For paragraph 3A substitute—
35
“3A
In paragraph 3 “the original holding company” has the meaning
given by section 14 of the Postal Services Act 2011.”

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
139

Control of Pollution Act 1974
97
In section 73(1) of the Control of Pollution Act 1974 (interpretation), in the
definition of “statutory undertakers”—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
5
(b)
for “that Act” substitute “that Part”.
Solicitors Act 1974
98
In paragraph 10(8) of Schedule 1 to the Solicitors Act 1974 (mail and other
forms of communication), for “section 125(1) of the Postal Services Act 2000”
substitute “section 26 of the Postal Services Act 2011”.
10
House of Commons Disqualification Act 1975
99    (1)
Schedule 1 to the House of Commons Disqualification Act 1975 is amended
as follows.
      (2)
In Part 2 (bodies of which all members are disqualified), omit the entry
relating to the Postal Services Commission.
15
      (3)
In Part 3 (other disqualifying offices), for the entry relating to a director of
the Post Office company substitute—

“Director of any of the following, being a director appointed or
nominated by a Minister of the Crown or by a person acting on
behalf of the Crown—
20
(a)
a Post Office company,
(b)
a Royal Mail company,
(c)
the original holding company, and
(d)
a parent company of a company within any of paragraphs
(a) to (c).
25

Expressions used in paragraphs (a) to (d) have the same meaning
as in Part 1 of the Postal Services Act 2011.”
Northern Ireland Assembly Disqualification Act 1975
100
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (other disqualifying offices), after the entry relating to a director of
30
the National Building Agency insert—

“Director of any of the following, being a director appointed or
nominated by a Minister of the Crown or by a person acting on
behalf of the Crown—
(a)
a Post Office company,
35
(b)
a Royal Mail company,
(c)
the original holding company, and
(d)
a parent company of a company within any of paragraphs
(a) to (c).

Expressions used in paragraphs (a) to (d) have the same meaning
40
as in Part 1 of the Postal Services Act 2011.”

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
140

Welsh Development Agency Act 1975
101
In section 27(1) of the Welsh Development Agency Act 1975 (interpretation),
in the definition of “universal service provider”—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
5
(b)
for “that Act” substitute “that Part”.
Local Government (Miscellaneous Provisions) Act 1976
102
In section 44(1) of the Local Government (Miscellaneous Provisions) Act
1976 (interpretation etc of Part 1), in the definition of “universal service
provider”—
10
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
Ancient Monuments and Archaeological Areas Act 1979
103
In section 61(1) of the Ancient Monuments and Archaeological Areas Act
15
1979 (interpretation), in the definition of “universal postal service
provider”—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
20
Highways Act 1980
104
In section 329(1) of the Highways Act 1980 (further provision as to
interpretation), in the definition of “universal service provider”—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
25
(b)
for “that Act” substitute “that Part”.
Local Government, Planning and Land Act 1980
105
The Local Government, Planning and Land Act 1980 is amended as follows.
106
In section 120(3) (compulsory acquisition: exclusion of special parliamentary
procedure), in paragraph (b) of the definition of “statutory undertakers”—
30
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
107
In section 141(6A) (vesting by order in corporation), for “the Postal Services
Act 2000” substitute “Part 3 of the Postal Services Act 2011”.
35
108
In section 170(2B) (interpretation: statutory undertakers etc)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
109
In paragraph 11(7) of Schedule 28 (urban development corporations: land)—
40

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
141

(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
Acquisition of Land Act 1981
110
In section 7(1) of the Acquisition of Land Act 1981 (interpretation), in the
5
definition of “universal service provider”—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
Forgery and Counterfeiting Act 1981
10
111
In section 8(3A) of the Forgery and Counterfeiting Act 1981 (meaning of
“instrument”), for “the same meaning as in the Postal Services Act 2000”
substitute “the meaning given by section 26 of the Postal Services Act 2011”.
Greater London Council (General Powers) Act 1981
112
In section 18 of the Greater London Council (General Powers) Act 1981
15
(stopping up of streets), in subsections (3), (8) and (9)(a)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
New Towns Act 1981
20
113
In section 80(1) of the New Towns Act 1981 (general interpretation
provisions), in the definition of “universal postal service provider”—
(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
Civil Aviation Act 1982
114
In section 105(1) of the Civil Aviation Act 1982 (general interpretation), in
the definition of “universal service provider”—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
30
(b)
for “that Act” substitute “that Part”.
Mental Health Act 1983
115
In section 134(9) of the Mental Health Act 1983 (correspondence of patients),
for “the Postal Services Act 2000” substitute “Part 3 of the Postal Services Act
2011 (see section 26)”.
35
Representation of the People Act 1983
116
The Representation of the People Act 1983 is amended as follows.
117
In section 91(candidate’s right to send election address post free)—

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
142

(a)
in subsections (1) to (3), in each place, for “universal service
provider” substitute “universal postal service provider”, and
(b)
omit subsection (5).
118
In section 184(2) (service of notices), for “the Postal Services Act 2000”
substitute “Part 3 of the Postal Services Act 2011”
5
119
In section 200A (remuneration for free postal services provided under
Act)—
(a)
in subsections (1) to (3), for “universal service provider” substitute
“universal postal service provider”, and
(b)
for subsection (4) substitute—
10
“(4)
In this section “postal services” has the meaning given by
section 26 of the Postal Services Act 2011.”
120
In section 202(1) (interpretation), in the definition of “universal postal
service provider”, for “the Postal Services Act 2000” substitute “Part 3 of the
Postal Services Act 2011”.
15
121
In paragraph 51(3) of Schedule 1 (return to the writ), for “the Postal Services
Act 2000” substitute “Part 3 of the Postal Services Act 2011”.
Building Act 1984
122
In section 126 of the Building Act 1984 (general interpretation), in the
definition of “statutory undertakers”, for the words from “(within the
20
meaning of the Postal Services Act 2000)” to the end substitute “(within the
meaning of Part 3 of the Postal Services Act 2011) or a relevant company
(within the meaning of Part 4 of the Postal Services Act 2000)”.
Administration of Justice Act 1985
123
In paragraph 10(8) of Schedule 5 to the Administration of Justice Act 1985
25
(redirection of communications), for “section 125(1) of the Postal Services
Act 2000” substitute “section 26 of the Postal Services Act 2011”.
Insolvency Act 1986
124
The Insolvency Act 1986 is amended as follows.
125
In section 371(1) (re-direction of bankrupt’s letters etc), for “the Postal
30
Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.
126
In paragraph 10(1) of Schedule 2A (exceptions to prohibition on
appointment of administrative receiver: supplementary provisions)—
(a)
in paragraph (g), for “given by section 4(3) and (4) of the Postal
Services Act 2000 (c. 26)” substitute “of Part 3 of the Postal Services
35
Act 2011”,
(b)
for paragraph (h) substitute—
“(h)
by a Post Office company within the meaning of Part
1 of that Act,”, and
(c)
omit paragraph (i).
40

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
143

Housing (Scotland) Act 1987
127
In section 338(1) of the Housing (Scotland) Act 1987 (interpretation), in the
definition of “public undertakers”—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
5
(b)
for “that Act” substitute “that Part”.
Housing Act 1988
128
The Housing Act 1988 is amended as follows.
129
In section 76(6A) (vesting by order in housing action trust), for “the Postal
Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.
10
130
In paragraph 9(7) of Schedule 10 (housing action trusts: land)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
Local Government Finance Act 1988
15
131
In section 43(6D) of the Local Government Finance Act 1988 (occupied
hereditaments: liability)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
20
Planning (Hazardous Substances) Act 1990
132
In section 39(6) of the Planning (Hazardous Substances) Act 1990
(interpretation)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
25
(b)
for “that Act” substitute “that Part”.
Planning (Listed Buildings and Conservation Areas) Act 1990
133
In section 91(3B) of the Planning (Listed Buildings and Conservation Areas)
Act 1990 (interpretation)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
30
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
Town and Country Planning Act 1990
134
In section 336(1) of the Town and Country Planning Act 1990
(interpretation), in the definition of “universal postal service provider”—
35
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
144

Coal Mining Subsidence Act 1991
135
In section 52(1) of the Coal Mining Subsidence Act 1991 (interpretation), in
the definition of “universal service provider”—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
5
(b)
for “that Act” substitute “that Part”.
Land Drainage Act 1991
136
In paragraph 1(1A) of Schedule 6 to the Land Drainage Act 1991 (protection
for particular undertakings)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
10
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
Water Industry Act 1991
137
In paragraph 1(5A) of Schedule 13 to the Water Industry Act 1991 (protective
provisions in respect of certain undertakings)—
15
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
Water Resources Act 1991
138
In paragraph 1(4A) of Schedule 22 to the Water Resources Act 1991
20
(protection for particular undertakings)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
Social Security Administration Act 1992
25
139
The Social Security Administration Act 1992 is amended as follows.
140
In section 182A(1) and (5)(b) (return of social security post), for “the Postal
Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.
141
In section 182B(8) (requirement to supply information about redirection of
post)—
30
(a)
in the definition of “postal operator”, for “the Postal Services Act
2000” substitute “Part 3 of the Postal Services Act 2011”, and
(b)
in the definition of “postal packet”, for the words from “meaning” to
the end substitute “meaning as in that Part”.
Social Security Administration (Northern Ireland) Act 1992
35
142
The Social Security Administration (Northern Ireland) Act 1992 is amended
as follows.
143
In section 158A(1) and (5)(b) (return of social security post), for “the Postal
Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.