Postal Services Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Postal Services Bill

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
145

144
In section 158B(8) (requirement to supply information about redirection of
post)—
(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
5
the end substitute “meaning as in that Part”.
Taxation of Chargeable Gains Act 1992
145
In section 288(3A) of the Taxation of Chargeable Gains Act 1992 (meaning of
“the no gain/no loss provisions”), at the end insert—
“(l)
paragraph 1(2) or 4 of Schedule 2 to the Postal Services Act
10
2011.”
Criminal Procedure (Scotland) Act 1995
146
In section 307(1) of the Criminal Procedure (Scotland) Act 1995
(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
15
Services Act 2011”.
Merchant Shipping Act 1995
147
In section 30(10) of the Merchant Shipping Act 1995 (payment of seamen’s
wages), for “the Post Office company (within the meaning of Part IV of the
Postal Services Act 2000), for that amount was despatched by the recorded
20
delivery service” substitute “a Post Office company (as defined by section 6
of the Postal Services Act 2011), for that amount was despatched by a
recorded delivery service”.
Local Government and Rating Act 1997
148
In paragraph 3(4)(a) of Schedule 2 to the Local Government and Rating Act
25
1997 (relief from non-domestic rates for general stores etc in rural
settlements: Scotland)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.
30
Planning (Hazardous Substances) (Scotland) Act 1997
149
In section 38(5) of the Planning (Hazardous Substances) (Scotland) Act 1997
(interpretation)—
(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”.
Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
150
In section 81(3B) of the Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997 (interpretation)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
40
Services Act 2011”, and
(b)
for “that Act” substitute “that Part”.

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
146

Town and Country Planning (Scotland) Act 1997
151
In section 277(1) of the Town and Country Planning (Scotland) Act 1997
(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
5
(b)
for “that Act” substitute “that Part”.
Competition Act 1998
152
In paragraph 19A(9) of Schedule 7 to the Competition Act 1998 (performance
of the Commission’s general functions), in the definition of “special
reference group”, omit paragraph (l).
10
Northern Ireland Act 1998
153
In section 76(7)(g) of the Northern Ireland Act 1998 (discrimination by public
authorities)—
(a)
for “the Postal Services Act 2000” substitute “Part 3 of the Postal
Services Act 2011”, and
15
(b)
for “that Act” substitute “that Part”.
Regional Development Agencies Act 1998
154
In section 19(8A) of the Regional Development Agencies Act 1998 (vesting
of land by order), for “the Postal Services Act 2000” substitute “Part 3 of the
Postal Services Act 2011”.
20
Greater London Authority Act 1999
155
In section 17A(3) of the Greater London Authority Act 1999 (free delivery of
election addresses), for “the Postal Services Act 2000” substitute “Part 3 of
the Postal Services Act 2011”.
Countryside and Rights of Way Act 2000
25
156
In paragraph 14(1) of Schedule 1 to the Countryside and Rights of Way Act
2000 (excepted land for purposes of Part 1: interpretation), in paragraph (e)
of the definition of “statutory undertaker” and paragraph (a) of the
definition of “statutory undertaking”—
(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”.
Freedom of Information Act 2000
157
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public
authorities: other public bodies and offices), omit the entry relating to the
35
Post Office.
Political Parties, Elections and Referendums Act 2000
158
In paragraph 1(4) of Schedule 12 to the Political Parties, Elections and
Referendums Act 2000 (assistance available to designated organisations:

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
147

right to send referendum address post free), for “the Postal Services Act
2000” substitute “Part 3 of the Postal Services Act 2011”.
Regulation of Investigatory Powers Act 2000
159
The Regulation of Investigatory Powers Act 2000 is amended as follows.
160
In section 82(3) (powers of postal operators not affected by Act), for “the
5
Postal Services Act 2000” substitute “Part 3 of the Postal Services Act 2011”.
161
In Part 2 of Schedule 1 (relevant authorities for purposes of section 28
only)—
(a)
omit paragraph 28D (together with the heading before it), and
(b)
in paragraph 28E—
10
(i)
for “the Postal Services Act 2000” substitute “Part 3 of the
Postal Services Act 2011”, and
(ii)
for “that Act” substitute “that Part”.
Anti-terrorism, Crime and Security Act 2001
162
In Schedule 4 to the Anti-terrorism, Crime and Security Act 2001
15
(enactments to which section 17 of Act applies)—
(a)
omit paragraph 51, and
(b)
at the end insert—
“53D
Section 54(2) of the Postal Services Act 2011.”
Enterprise Act 2002
20
163
The Enterprise Act 2002 is amended as follows.
164   (1)
Section 168 (regulated markets) is amended as follows.
      (2)
In subsection (3)—
(a)
omit paragraph (l) (together with the “or” at the end of it), and
(b)
at the end insert—
25
“(o)
modifying regulatory conditions imposed under Part
3 of the Postal Services Act 2011;”.
      (3)
In subsection (4)—
(a)
omit paragraph (n) (together with the “and” at the end of it), and
(b)
at the end insert—
30
“(q)
in relation to regulatory conditions imposed under
Part 3 of the Postal Services Act 2011, the duty of the
Office of Communications under section 28 of that
Act;”.
      (4)
In subsection (5), omit paragraph (h).
35
165
In Schedule 9, omit paragraph 14 (which made an amendment superseded
by this Act).
166
In Schedule 15 to the Enterprise Act 2002 (information: enactments
conferring functions), at the end insert—

“Postal Services Act 2011.”
40

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
148

167
In Schedule 25, omit paragraph 42 (which made an amendment superseded
by this Act).
Office of Communications Act 2002
168
In paragraph 12(2) of the Schedule to the Office of Communications Act 2002
(OFCOM’s annual report), omit the “and” at the end of paragraph (a) and
5
after that paragraph insert—
“(aa)
a report about OFCOM’s performance, during that year, of
their duty under section 28 of the Postal Services Act 2011
(duty to secure provision of universal postal service); and”.
Railways and Transport Safety Act 2003
10
169
In Schedule 2 to the Railways and Transport Safety Act 2003, omit paragraph
19(r) (which made amendments superseded by this Act).
Water Act 2003
170
In Schedule 7 to the Water Act 2003, omit paragraph 33 (which made
amendments superseded by this Act).
15
London Local Authorities Act 2004
171
In section 13(3) of the London Local Authorities Act 2004 (defacement of
buildings: protection of universal postal service providers)—
(a)
for “the Postal Services Act 2000 (c.26)” substitute “Part 3 of the
Postal Services Act 2011”, and
20
(b)
for “section 86(4) of that Act” substitute “section 86(4) of the Postal
Services Act 2000”.
Gambling Act 2005
172
In Schedule 16 to the Gambling Act 2005, omit paragraph 15 (which made
amendments superseded by this Act).
25
Railways Act 2005
173
In Schedule 12 to the Railways Act 2005, omit paragraph 15 (which made
amendments superseded by this Act).
Government of Wales Act 2006
174
In Part 1 of Schedule 5 to the Government of Wales Act 2006 (Assembly
30
measures), in matter 6.1, for the words from “by a person who holds, or is
required to hold, a licence from the Postal Services Commission” to
“services)” substitute “by a postal operator providing a postal service within
the scope of the universal postal service (within the meaning of Part 3 of the
Postal Services Act 2011)”.
35
Legislative and Regulatory Reform Act 2006
175
In section 24(5) of the Legislative and Regulatory Reform Act 2006 (functions
to which sections 21 and 22 apply), omit paragraph (d).

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
149

Consumer, Estate Agents and Redress Act 2007
176
The Consumers, Estate Agents and Redress Act 2007 is amended as follows.
177
In the following provisions (which relate to postal services in Northern
Ireland), for “relevant postal services” substitute “postal services”—
section 2(1)(c)(ii),
5
section 3(2)(b) and (4)(a),
section 4(1)(b) and (5)(b),
section 5(4)(b), and
section 38(2)(c).
178   (1)
Section 15 (reference of matters to the Postal Services Commission) is
10
amended as follows.
      (2)
For the heading substitute “Reference of postal matters to OFCOM”.
      (3)
In subsection (1)—
(a)
in the opening words, for “the Postal Services Commission (“the
Commission”)” substitute “the Office of Communications
15
(“OFCOM”)”, and
(b)
in paragraph (a), for “a condition of a licence under Part 2 of the
Postal Services Act 2000” substitute “a regulatory condition imposed
under Part 3 of the Postal Services Act 2011”.
      (4)
In subsection (2), for “the Commission”, in both places, substitute
20
“OFCOM”.
179
In section 16(2) (investigations relating to public post offices), for “section
42(3)” substitute “section 125(1)”.
180
In section 24(9) (provision of information: definitions), in the definition of
“designated regulator”), for paragraph (b) substitute—
25
“(b)
the Office of Communications;”.
181   (1)
Section 25 (enforcement by regulator of section 24 notice) is amended as
follows.
      (2)
In subsection (3), in the table, for the entry relating to a person holding a
licence under Part 2 of the Postal Services Act 2000 substitute—
30

“A postal operator.
The Office of Communications.”

      (3)
After subsection (6) insert—
“(6A)
An obligation imposed by virtue of subsection (5) on a postal
operator is enforceable by OFCOM under Schedule 7 to the Postal
Services Act 2011 (enforcement of regulatory requirements).”
35
182
In section 29(3)(b) (disclosure of information: application of Part 9 of the
Enterprise Act 2002), for “the Postal Services Act 2000” substitute “the Postal
Services Act 2011”.
183   (1)
Section 41 (interpretation of Part 1) is amended as follows.

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
150

      (2)
At the appropriate place insert—
““postal operator” has the same meaning as in Part 3 of the
Postal Services Act 2011 (see section 63 of that Act);”.
      (3)
In the definition of “postal services”, for “Postal Services Act 2000 (see
section 125(1) of that Act)” substitute “Part 3 of the Postal Services Act 2011
5
(see section 63 of that Act)”.
      (4)
Omit the definition of “relevant postal services”.
184
In section 42 (interpretation of Part 2), omit the entry relating to a person
holding a licence under Part 2 of the Postal Services Act 2000.
185   (1)
Section 45 (information with respect to compliance with complaints
10
handling standards) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
This section also applies in relation to standards for the handling of
complaints made about postal operators by users of their services
which are contained in consumer protection conditions imposed
15
under Part 3 of the Postal Services Act 2011.”
      (3)
In subsection (2), after “providers” insert “or postal operators”.
186
In section 52, omit subsection (4) (which made amendments superseded by
this Act).
187
In section 60(10) (orders and regulations: meaning of “regulator”), omit
20
paragraph (b) (together with the “or” before it).
188
In section 65 (extent), omit subsections (4) and (5).
189
Omit the following provisions (which made amendments superseded by
this Act)—
(a)
paragraphs 30 and 31 of Schedule 1,
25
(b)
paragraph 3 of Schedule 2,
(c)
paragraph 3 of Schedule 5, and
(d)
paragraphs 12 to 16 of Schedule 7.
Legal Services Act 2007
190
In paragraph 11(9) of Schedule 14 to the Legal Services Act 2007 (mail and
30
other forms of communication), for “section 125(1) of the Postal Services Act
2000 (c. 26)” substitute “section 26 of the Postal Services Act 2011”.
London Local Authorities Act 2007
191
In section 75 of the London Local Authorities Act 2007 (mail forwarding
businesses), for subsection (11) substitute—
35
“(11)
Nothing in subsection (1) or (6) above shall apply to—
(a)
a postal operator providing a service within the scope of the
universal postal service (within the meaning of Part 3 of the
Postal Services Act 2011), or
(b)
a Post Office company (within the meaning of Part 1 of that
40
Act).”

Postal Services Bill
Schedule 12 — Minor and consequential amendments
Part 3 — Other enactments
151

Regulatory Enforcement and Sanctions Act 2008
192   (1)
Section 73 of the Regulatory Enforcement and Sanctions Act 2008 (functions
to which section 72 applies) is amended as follows.
      (2)
In subsection (2), for paragraph (d) (together with the “and” at the end of it)
substitute—
5
“(d)
the Office of Communications in relation to postal services,
and”.
      (3)
After subsection (10) insert—
“(10A)
In subsection (2)(d) “postal services” has the same meaning as in Part
3 of the Postal Services Act 2011.”
10