Post Office Act 1969
Part I
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1
Part II — The Minister of Posts and Telecommunications and his Functions
The Minister of Posts and Telecommunications
2
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) In the following provisions of this Act, “the Minister” means the Secretary of State . . .
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer to the Minister of the Postmaster General's functions with respect to wireless telegraphy, and provisions consequential thereon
3
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Transfer to the Minister of the Postmaster General's functions under section 6 of the Commonwealth Telegraphs Act 1949
4
The functions which are vested in the Postmaster General by virtue of section 6 of the Commonwealth Telegraphs Act 1949 (provisions as to pensions of employees of Cable and Wireless Limited and certain other persons) shall, on the appointed day, vest in the Minister; and, accordingly, as from that day, references in that section to the Postmaster General shall be construed as referring to the Minister.
Transfer to the Minister of the Postmaster General's power to make orders under the Recorded Delivery Service Act 1962
5
The power conferred by subsection (3) of section 1 of the Recorded Delivery Service Act 1962 on the Postmaster General by order to make such amendments of enactments contained in local or private Acts as appear to him to be necessary or expedient in consequence of subsection (1) of that section shall, on the appointed day, vest in the Minister; and, accordingly, as from that day, the reference to the Postmaster General in the said subsection (3) and the reference to him in subsection (4) of that section (which lays on him a duty of consultation before making an order under subsection (3)) shall each be construed as referring to the Minister.
Part III — The new Authority for the Conduct of postal and telegraphic Business
The Post Office
The Post Office
6
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Powers and Duties of the Post Office
Powers of the Post Office
7
Furnishing of overseas aid by the Post Office
8
General duty of the Post Office
9
Power to promote and oppose Bills,
10
Powers of the Minister of Posts and Telecommunications over the Post Office
General ministerial control and supervision of the Post Office
11
Power of the Minister to direct the Post Office to do work for government departments and local authorities
12
Restriction of carrying on by the Post Office and its subsidiaries of certain activities
13
The Post Office Users’ Councils
The Post Office Users' Councils
14
Duty of the Post Office to consult the Post Office Users' National Council about certain proposals
15
General Provisions as to Transfer to the Post Office of Property, Rights and Liabilities of the Postmaster General
Vesting in the Post Office of property, rights and liabilities generally
16
Power of the Minister to override section 16 in case of difficulty or uncertainty
17
Vesting in the Post Office of rights and liabilities under certain contracts conferring on the Crown incidental rights as to patents,
18
Transfer of assets of the Post Office Fund and general reserve, of certain other moneys, and of certain investments
19
Transfer to the Post Office of the Postmaster General’s statutory Rights and Liabilities as to Mails and Telegraphs and of Rights and Liabilities, &c., of his under certain Acts authorising the Acquisition of Land or the Execution of Works
Rights and liabilities as to conveyance of mails
20
- (1) On the appointed day—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) the rights which, by virtue of sections 33, 34, 36(1) and 42 of the principal Act (which contain provisions enabling him to compel railway undertakers to undertake the conveyance of mail-bags by train and by ships which are owned or worked by them or in the case of which they are parties to arrangements for the use, maintenance or working thereof) he enjoys immediately before that day and the countervailing obligations with respect to payment of remuneration for services performed which, immediately before that day, are, by virtue of sections 35 and 36(2) of the principal Act, incumbent on him shall become those of the Post Office;
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) the obligation to him which, by virtue of subsection (1) of section 38 of the principal Act, is, immediately before that day, incumbent on railway undertakers to perform services with respect to the conveyance of mail-bags and the other matters mentioned in that subsection and the right which, by virtue of subsection (2) of that section, they enjoy, immediately before that day, to receive from him remuneration for services performed shall respectively become an obligation to the Post Office and a right against it.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rights and liabilities as to telegraphs
21
Rights and liabilities, arising out of Acts authorising the acquisition of land or the execution of works
22
- (1) Any provision of the Sites Acts, the Post Office Extension Act 1865, the Manchester Post Office Act 1876, the Post Office (London) Railway Act 1913, the Post Office (Site and Railway) Act 1954, the Post Office Works Act 1959 or the Post Office Subway Act 1966 which is in force immediately before the appointed day and contains references to the Postmaster General shall, so far as necessary for preserving its effect on and after that day, have effect as from that day as if those references were references to the Post Office.
- (2) As from the appointed day, any rights or powers vested in, or exercisable by, the Post Office under the enactments relating to telegraphs in respect of works of any kind whatsoever executed under those enactments shall extend to, and may be exercised by it in respect of, the portions of the tube constructed by the Pneumatic Despatch Company, Limited, that vest in the Post Office by virtue of section 16 of this Act.
- (3) Section 20 of the Bristol Cattle Market Act 1930 (which empowers the Postmaster General, amongst others, to enter into and carry out agreements with reference to any of the matters referred to in that Act or the agreements mentioned in that section) shall, as from the appointed day, have effect with the substitution, for the reference to the Postmaster General, of a reference to the Post Office.
- (4) Section 16 of the City of London (Various Powers) Act 1950 (which provides for the continuance of the making, by the Postmaster General, the Mayor and commonalty and citizens of the city of London acting by the common council and the Mercers’ Company of certain periodic payments to the incumbents and clerks of certain benefices in the city, being payments originally required to be made under enactments repealed by that Act) shall, as from the appointed day, have effect as if, in Schedule 1 to that Act, for references to the Postmaster General, there were substituted references to the Post Office; and the rights of indemnity in favour of the Postmaster General that are saved by the proviso to section 18 of that Act shall, as from that day, enure for the benefit of the Post Office and the charges on property to secure the payment of money payable to the Postmaster General in respect of indemnities so saved which are themselves also saved by that proviso shall, as from that day, have effect accordingly.
- (5) The reference in subsection (1) above to the Sites Acts is a reference to the Acts passed during the years 1885 to 1938 (both inclusive) the short title of each of which consists of the words “The Post Office (Sites) Act” followed by the year in which it was passed.
Exclusive Privilege of the Post Office with respect to the Conveyance, &c, of Letters
Exclusive privilege of the Post Office with respect to the conveyance, of letters
23
Exclusive Privilege of the Post Office with respect to Telecommunication
Exclusive privilege of the Post Office with respect to telecommunication
24
- (1) Subject to the following provisions of this Act, as from the appointed day, the Post Office shall have throughout the British Islands, the exclusive privilege of running systems for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy of—
- (a) speech, music and other sounds ;
- (b) visual images;
- (c) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sound or visual images ; and
- (d) signals serving for the actuation or control of machinery or apparatus.
- (2) In the case of an infringement, in relation to a system not extending beyond the British Islands, of the privilege conferred by the foregoing subsection, the person running the system (or, if different people run different parts of it, each of them), shall be guilty of an offence and liable.—
- (a) on summary conviction, to a fine not exceeding £400;
- (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both,
and, in the case of an infringement, in relation to a system extending beyond those Islands, of that privilege, the person running the portion of the system within those Islands (or, if different people run different parts of it, each of them) shall be guilty of an offence and similarly liable.
- (3) Where a body corporate is guilty of an offence under this section and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In this subsection, the expression "director ", in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
- (4) In any proceedings in respect of an offence under this section consisting in the running of a system in the case of which, at the time of the commission of the offence, different parts were run by different persons, it shall be a defence for the defendant to prove that a part of the system had been included without his knowledge and that, had it not been, the running of the system would not have constituted an infringement of the privilege conferred by subsection (1) above.
General classes of acts not infringing the telecommunication privilege
25
- (1) The privilege conferred by subsection (1) of the last foregoing section is not infringed by—
- (a) the running of a system in the case of which the only agency involved in the conveyance of things thereby conveyed is light and the things thereby conveyed are so conveyed as to be capable of being received or perceived by the eye and without more;
- (b) the running by a person of a system in the case of which all the apparatus comprised therein is situate either—
- (i) on a single set of premises occupied by him; or
- (ii) in a vehicle, vessel, aircraft or hovercraft or in two or more vehicles, vessels, aircraft or hovercraft mechanically coupled together ; or
- (c) the running by a single individual of a system in the case of which—
- (i) all the apparatus comprised therein is under his control; and
- (ii) everything conveyed by it that falls within paragraphs (a) to (d) of the said subsection (1) is conveyed solely for domestic purposes of his.
- (2) In the case of a business carried on by a person, the said privilege is not infringed by the running, for the purposes of that business, of a system with respect to which.—
- (a) in a case in which all the apparatus therein comprised is situate in the British Islands, no person except him or the Post Office is concerned in the control of the apparatus;
- (b) in any other case, no person except him or the Post Office is concerned in the control of so much of the apparatus as is so situate ;
provided—
- (i) that nothing falling within paragraphs (a) to (d) of subsection (1) of the last foregoing section is conveyed by the system by way of rendering a service to another;
- (ii) that, in so far as sounds or visual images are conveyed by the system, they are not conveyed for the purpose of their being heard or seen by persons other than the person carrying on that business or any servants of his engaged in the conduct thereof ;
- (iii) that in so far as such signals as are mentioned in paragraph (c) of that subsection are conveyed by the system, they are not conveyed for the purpose of imparting matter otherwise than to the person carrying on that business, any servants of his engaged in the conduct thereof or things used in the course of that business and controlled by him; and
- (iv) that, in so far as such signals as are mentioned in paragraph (d) of that subsection are conveyed by the system, they are not conveyed for the purpose of actuating or controlling machinery or apparatus used otherwise than in the course of that business.
- (3) In the case of a system in the case of which all the apparatus therein comprised is let on hire by the Post Office, the said privilege is not infringed by the running of the system by the person to whom the apparatus is let on hire; and in the case of a system in the case of which part of the apparatus comprised therein consists of apparatus let on hire by the Post Office to a person, the said privilege is not infringed by the running by him of so much of the system as comprises the last-mentioned apparatus.
- (4) In this section "business " includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporated, and " vessel" means a vessel of any description used in navigation.
Acts relating to broadcasting not infringing the telecommunication privilege
26
- (1) The privilege conferred by subsection (1) of section 24 of this Act is not infringed by a broadcasting authority by reason only of the transmission by it, by wireless telegraphy, of sounds or visual images from a transmitting station for general reception direct from that station, nor is it infringed by the reception of sounds or visual images transmitted, by wireless telegraphy, from a transmitting station for general reception direct from that station or through the medium of a relay service licensed under the Wireless Telegraphy Act 1949.
- (2) In this section, "broadcasting authority " means a person licensed under the Wireless Telegraphy Act 1949 to broadcast programmes for general reception and " wireless telegraphy" has the same meaning as in that Act.
Saving for things done under licence
27
- (1) A licence may, with the consent of, or in accordance with the terms of a general authority given by, the Minister, be granted by the Post Office, either unconditionally or subject to any conditions specified in the licence, and either irrevocably or subject to revocation as therein specified, for the running of any such system falling within subsection (1) of section 24 of this Act as is specified in the licence ; and nothing done under, and in accordance with, a licence granted under this subsection shall constitute an infringement of the privilege conferred by that subsection.
- (2) A licence granted under the foregoing subsection shall, unless previously revoked in accordance with any terms in that behalf contained in the licence, continue in force for such period as may be specified therein.
- (3) A licence granted under subsection (1) above may be granted either to all persons, to persons of a class or to a particular person, and may include (without prejudice to the power to impose conditions conferred by that subsection) conditions requiring the rendering to the Post Office of a payment on the grant of the licence or the rendering to it of periodic payments during the currency of the licence, or both.
- (4) A payment required by virtue of this section to be rendered to the Post Office may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.
- (5) A licence granted under subsection (1) above (not being one expressed to be granted to a specified person) shall be published in such manner as appears to the Post Office to be appropriate for bringing it to the attention of the persons for whose benefit it will enure, and a licence expressed to be so granted must be in writing.
- (6) No person shall be concerned to inquire whether the grant of a licence under subsection (1) above was, or was not, effected with the consent of, or in accordance with the terms of a general authority given by, the Minister; and the validity of a licence granted under that subsection shall not be impugned on the ground that it was granted neither with the consent of, nor in accordance with the terms of a general authority given by, him.
- (7) In the application of subsection (4) above to Scotland, the words " as if it were a simple contract debt" shall be omitted.
- (8) Section 6(1) of this Act shall not operate so as to preclude the grant by the Post Office before the appointed day of licences under subsection (1) above.
- (9) For the purposes of a licence granted under subsection (1) above, the definition of a class of persons may be framed by reference to any circumstances whatever.
Charges and other Terms and Conditions applicable to Services
Schemes for determining charges and other terms and conditions applicable to services
28
Limitation of Liability
Exclusion of liability of the Post Office, its officers and servants, in relation to posts and telecommunications
29
The Post Office to be subject to limited liability in respect of registered inland packets
30
Finance
General duty of the Post Office as to finance
31
General reserve
32
- (1) Without prejudice to its power to establish specific reserves, the Post Office shall establish and maintain a general reserve.
- (2) The management by the Post Office of its general reserve, the sums to be carried from time to time to the credit thereof, and the application of the moneys comprised therein shall (subject to the following provisions of this section) be as the Post Office may determine.
- (3) None of the moneys comprised in the Post Office's general reserve shall be applied otherwise than for the purposes of the Post Office.
- (4) The Minister may, with the approval of the Treasury, give to the Post Office directions as to any matter relating to the establishment or management of the Post Office's general reserve or the carrying of sums to the credit thereof or the application of the moneys comprised therein, and the Post Office shall comply with the directions.
The Post Office's commencing capital debt
33
The Post Office to be liable in respect of loans and guarantees under section 8 of the Post Office Act 1961
34
The Post Office's borrowing powers
35
Limitation of indebtedness
36
- (1) The Post Office shall not have power to borrow money except in accordance with the last foregoing section.
- (2) The aggregate of—
- (a) the amount outstanding in respect of the principal of any money borrowed under the last foregoing section by the Post Office ; and
- (b) so much as is outstanding of the debt assumed by it by virtue of section 33 of this Act;
shall not at any time exceed £2,300 million or such greater sum, not exceeding £2,800 million, as the Minister may from time to time by order specify.
- (3) An order under the last foregoing subsection shall be made by statutory instrument, and no such order shall be made unless a draft thereof has been approved by a resolution of the Commons House of Parliament.
- (4) Subsection (4) of the last foregoing section shall apply for the purposes of this section as it applies for the purposes of that.
Loans by the Minister to the Post Office
37
Treasury guarantees
38
Accounts of the Minister with reference to Post Office indebtedness to him
39
Banking
The Post Office as banker
40
The Post Office's liabilities as banker to be matched by cash and liquid assets
41
The Post Office's Accounts, and Audit thereof
The Post Office's accounts, and audit thereof
42
Pensions and other Benefits
Staff pensions
43
The Post Office to pay pensions, referable to the service of certain former civil servants
44
Amendment of sections 12 and 13 of the Superannuation Act 1965
45
The Post Office to be liable, in certain cases, for part payment of pensions of certain former civil servants
46
Making, by the Minister, in consideration of the Exchequer's being relieved of certain liabilities with respect to pensions, of payments to trustees appointed by the Post Office
47
Amendment of section 6 of the Commonwealth Telegraphs Act 1949
48
Provisions as to pensions of former employees of Cable and Wireless Limited and certain other persons
49
- (1) The Minister may, by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament) make, with the consent of the Treasury, such regulations with respect to the payment of pensions to, or in respect of, persons who, at the passing of this Act are serving in the department of the Postmaster General, being—
- (a) persons who have pension rights under any of the following schemes, that is to say, the existing pension schemes, the scheme for the payment of pensions commonly known as the Cable and Wireless Pension Fund (being a scheme subsisting by virtue of regulations made under section 6 of the Commonwealth Telegraphs Act 1949) and the scheme for the payment of pensions commonly known as the Cable and Wireless Staff Dependants’ Fund (being a scheme so subsisting); or
- (b) persons, other than as aforesaid, who have been in the employment of Cable and Wireless Limited;
as appear to him to be requisite for securing that they, and persons claiming in right of them, are not adversely affected in the matter of pension rights by reason only that, in consequence of this Act, they cease to serve in that department.
- (2) Subsections (2) to (4), (7) and (8) of the said section 6 shall apply for the purposes of this section as if references to that section and subsection (1) thereof included references to the foregoing subsection, as if, for references to the existing pension schemes (except in subsection (8)), there were substituted references to the schemes mentioned in subsection (1)(a) above, and as if, in subsection (7), for the reference to 1st January 1947 there were substituted a reference to the day on which this Act passes; and subsection (5) of that section shall, in its application to subsection (2)(a), as applied by this section, have effect as if, for the references to the purposes of any of the existing pension schemes, there were substituted a reference to the purposes of any of the schemes so mentioned.
- (3) Regulations under this section may amend or revoke provisions of regulations under the said section 6.
The Post Office to continue payment of the remaining pension under the Injuries in War (Compensation) Act 1915
50
Payments to the Post Office out of the National Insurance Fund and the Industrial Injuries Fund
51
Rating
Rating in England and Wales
52
Rating in Scotland
53
Rating in Northern Ireland
54
Lands
Compulsory purchase of land in Great Britain
55
Compulsory purchase of land in Northern Ireland
56
Entry, for exploratory purposes, on land in England or Wales
57
Entry, for exploratory purposes, on land in Scotland
58
Entry, for exploratory purposes, on land in Northern Ireland
59
Application, to acquisitions of land by the Post Office by agreement, of certain statutory provisions relating to compulsory purchase
60
Power to sell to the Post Office land belonging to Her Majesty in right of the Duchy of Lancaster
61
Requisitions on title as to Treasury consent to dealings with land precluded
62
Status of land vested in the Post Office by virtue of Part III
63
Miscellaneous Matters
Inviolability of mails
64
Obligation of secrecy
65
Harbour charges on mail-bags
66
Mail-bags not to be subject to control by harbour authorities
67
Abolition of exemptions from tolls
68
Documentary evidence as to sums due for services
69
Provisions as to money and postal orders
70
Recoupment of losses on money orders wrongly paid to bankers
71
Remuneration of the Post Office for services rendered in relation to parliamentary elections
72
Reimbursement by the Post Office of the Minister of contributions to international organisations
73
Taxation of the Post Office's profits and capital gains
74
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) The Taxation of Chargeable Gains Act 1992 shall apply in relation to a disposal by the Post Office of an asset acquired by virtue of this Part of this Act as if the acquisition or provision of the asset by the Crown had been the acquisition or provision of it by the Post Office.
Records
75
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consequential adaptations of enactments
76
The provisions of Schedule 4 to this Act shall have effect for adapting the provisions of the enactments and Orders in Council therein mentioned in consequence of the assumption by the Post Office of functions which, before the appointed day, are exercised and performed by the Postmaster General.
Repair of minor statutory deficiencies
77
Penalization of improper use of telecommunication services
78
Amendment of law as to packets addressed to a poste restante
79
Provision of information to persons holding office under the Crown
80
Modification of enactments relating to wages councils
81
Power of the Minister, pending transfer to the Minister of Transport from county councils of functions connected with issue of vehicle excise licences, to direct the Post Office to issue such licences
82
Repeal of certain provisions of the Telegraph Act 1868
83
Exemption from postage of certain petitions and addresses, and limitation of amount of postage recoverable in respect of parliamentary proceedings
84
Final accounts under the Post Office Act 1961
85
Interpretation of Part III
86
- (1) In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
- ...
- . . .
- . . .
- . . .
- . . .
- . . .
- . . .
- . . .
- “land” includes any interest in land and any right over land;
- . . .
- . . .
- . . .
- . . .
- . . .
- . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3)
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power of Her Majesty in Council to make necessary provision if the Post Office surrenders privileges as regards the Isle of Man or the Channel Islands
87
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Extent of Part III and related Schedules
Extent of Part III and related Schedules
88
- (1) The following shall extend to the Isle of Man and the Channel Islands, namely,—
- (a) this Part of this Act, except sections 76 and 77 and any provision which, by its terms, is limited in its operation to a part of the United Kingdom; and
- (b) Schedules 1 and 2 to this Act.
- (2) Section 76 of, and Schedule 4 to, this Act shall—
- (a) in their application to an enactment that is expressed (either in the Act containing it or in another Act, and either directly or indirectly) to extend to the Isle of Man, extend to that Isle; and
- (b) in their application to an enactment that is so expressed to extend to the Channel Islands, extend to those Islands.
- (3)
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (5) Subsections (1), (2) and (4) above shall have effect subject to the provisions of any Order in Council made under the last foregoing section.
- (6)
Part IV
Licensing of distribution systems
89
Provisions as to licences under section 89
90
- (1) A licence granted under the last foregoing section may be issued subject to such terms, provisions and limitations as the Minister may mink fit.
- (2) A licence so granted shall, unless previously revoked by the Minister, continue in force for such period as may be specified in the licence.
- (3) A licence so granted may be revoked, or the terms, provisions or limitations thereof varied, by a notice in writing of the Minister served on the holder of the licence or by a general notice applicable to licences of the class to which the licence in question belongs published in such manner as may be specified in the licence.
- (4) On the issue or renewal of a licence so granted, and, where the regulations under this section so provide, at such times thereafter as may be prescribed by the regulations, there shall be paid to the Minister by the person to whom the licence is issued such sums as may be prescribed by regulations to be made by the Minister with the consent of the Treasury; but this provision shall be subject to the qualification that the regulations thereunder may contain provisions authorising, in such cases as are not otherwise dealt with under the regulations, the charge by the Minister of such sums, whether on the issue or renewal of the licence or subsequently, as may in the particular case appear to him to be proper.
- (5) Different provision may be made by regulations under the last foregoing subsection in relation to different licences, according to the nature, terms, provisions, limitations and duration thereof.
- (6) A payment required by virtue of this section to be rendered to the Minister may be recovered by him in any court of competent jurisdiction as if it were a simple contract debt.
- (7) The Minister shall have power to make, in such cases or classes of cases as the Treasury may determine, refunds of sums received by him under subsection (4) above.
- (8) A payment made in exercise of the power conferred by the last foregoing subsection shall be defrayed out of sums received by the Minister under subsection (4) above.
- (9) The surplus of sums received under subsection (4) above over sums paid in exercise of the power conferred by subsection (7) above shall from time to time be paid into the Consolidated Fund.
- (10) In the application of subsection (6) above to Scotland, the words " as if it were a simple contract debt" shall be omitted.
Entry and search of premises
91
- (1) If, in England, Wales or Northern Ireland, a justice of the peace, or, in Scotland, the sheriff, is satisfied by information on oath that there is reasonable ground for suspecting that an offence under section 89 of this Act has been, or is being, committed, and that evidence of the commission of the offence is to be found on any premises specified in the information, he may grant a search warrant authorising any person or persons authorised in that behalf by the Minister and named in the warrant, with or without any constables, to enter, at any time within one month from the date of the warrant, the premises specified in the information and to search the premises and examine and test any apparatus found thereon.
- (2) Where, under this section, a person has a right to examine any apparatus on any premises, it shall be the duty of any person who is on the premises to give him any such assistance as he may reasonably require in the examination or testing of the apparatus.
- (3) A person who—
- (a) obstructs a person in the exercise of powers conferred on him under this section ; or
- (b) fails or refuses to give to a person any assistance which he is, under this section, under a duty to give to him ;
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £400, and a person who discloses, otherwise than for the purposes of this Part of this Act or of a report of proceedings thereunder, any information obtained by means of an exercise of powers conferred by this section, being information relating to a manufacturing process or trade secret, shall be guilty of an offence and liable—
- (i) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
- (ii) on summary conviction, to a fine not exceeding £400.
Orders and regulations
92
- (1) The power conferred by section 89 of this Act on the Minister to make an order and the power conferred on him by section 90 of this Act to make regulations shall be exercisable by statutory instrument.
- (2) A statutory instrument by which either of the aforesaid powers is exercised shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (3) The power conferred by section 89 of this Act on the Minister to make an order shall include power, exercisable in like manner, to vary or revoke an order made in exercise of that power.
Part V — Provisions for securing the Continuance of the Carrying on, under the Auspices of a Director of Savings in Place of the Postmaster General, of certain financial Business
The Director of Savings
Appointment, and functions and expenses, of the Director of Savings
93
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Replacement of the Postmaster General by the Director of Savings for the Purposes of the Post Office Savings Bank Acts 1954 and 1966, and Provisions consequential thereon
The National Savings Bank
94
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) , as from the appointed day, and—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) any reference to the Postmaster General in a nomination executed under regulations made, or having effect as if made, under section 2 of the Post Office Savings Bank Act 1954 shall be construed as referring to the Director of Savings.
- (3) The amendment of section 27 of the Crown Proceedings Act 1947 effected by virtue of subsection (2)(c) above is an amendment of that section as well in its application to the Crown in right of Her Majesty’s Government in Northern Ireland as in its application to the Crown in right of Her Majesty’s Government in the United Kingdom.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of ordinary deposits
95
Consequential amendment of section 3 of the Post Office Savings Bank Act 1966
96
As from the appointed day, section 3 of the Post Office Savings Bank Act 1966 (which requires a separate account to be kept for the purposes of that Act) shall have effect with the substitution, for subsections (1) and (2) thereof, of the following subsections:—
(1) The Director of Savings shall keep a separate account of all sums received or paid with respect to investment deposits. (2) The said account shall be known as the National Savings Bank Investment Account Fund and is in this Act referred to as ' the Fund '
,
and with the substitution, for the reference, in subsection (3)(b), to the Postmaster General, of a reference to the Treasury.
Debit to the National Savings Bank Investment Account Fund of expenses of the Director of Savings and contributions in lieu of tax
97
- (1) There shall be included amongst the sums to be debited from time to time to the National Savings Bank Investment Account Fund—
- (a) such sums as the Treasury may determine to be equal to those expended by the Director of Savings in connection with investment deposits ; and
- (b) such sums as may be necessary to secure that, year by year, there is contributed to the Exchequers of the United Kingdom and Northern Ireland as nearly as may be what would be contributed thereto in respect of the National Savings Bank by way of corporation tax if that bank were a savings bank certified under the Trustee Savings Banks Act 1954, section 439(1) of the Income Tax Act 1952 (exemption of trustee savings banks' income from tax in respect of interest and dividends arising from investments with the National Debt Commissioners) had not been enacted and the business of that bank were confined to activities concerned with investment deposits.
- (2) Sums debited by virtue of paragraph (a) or (b) of the foregoing subsection shall be paid into the Consolidated Fund, and those debited by virtue of paragraph (b) shall be treated, for the purposes of subsection (2) of section 22 of the Government of Ireland Act 1920 (annual determination by Joint Exchequer Board of what part of the proceeds of the reserved taxes is properly attributable to Northern Ireland), as being proceeds of the duties and taxes referred to in subsection (1) of that section.
- (3) This section shall come into operation on the appointed day.
Annual statement with respect to ordinary deposits and expenses
98
- (1) The Director of Savings and the National Debt Commissioners shall, as respects the year in which the appointed day falls and each subsequent year, prepare a statement showing—
- (a) the aggregate of the sums received and repaid during the year in respect of ordinary deposits;
- (b) the aggregate of the sums paid or credited during the year by way of interest on ordinary deposits ;
- (c) the aggregate liabilities, as at the end of the year, so far as regards ordinary deposits ;
- (d) the nominal value and the description, as at the end of the year, of the investments held by the Commissioners which have been made under section 16 of the Post Office Savings Bank Act 1954;
- (e) the aggregate of the sums that accrued during the year by way of interest on investments made under that section by the Commissioners; and
- (f) the amount of the expenses incurred during that year in the execution of that Act;
and shall, before the end of May next following, transmit it to the Comptroller and Auditor General who shall examine, certify and report on it and lay copies of it, together with copies of his report on it, before Parliament.
- (2) No accounts or statements shall be made out or prepared under the Post Office Savings Bank Act 1954 as respects the year in which the appointed day falls or any subsequent year; and anything which, in the first-mentioned year, falls, by virtue of section 15 or 20 of that Act (annual account of ordinary deposits to be laid before Parliament, and annual account of liabilities with respect to such deposits to be so laid), to be done by the Postmaster General shall, if not done before that day, be done instead by the Treasury.
- (3) In this section "year " means a period of twelve months ending 31st December.
Adjustment of balances relating to ordinary deposits
99
- (1) If, in the year in which the appointed day falls or any subsequent year, the aggregate of the sums that accrued by way of interest on investments made under section 16 of the Post Office Savings Bank Act 1954 by the National Debt Commissioners, after deduction of any sum required by the Treasury to be set aside to provide for depreciation in the value of investments so made, exceeds the aggregate of—
- (a) the aggregate of the sums paid or credited during the year by way of interest on ordinary deposits ; and
- (b) the amount of the expenses incurred during that year in the execution of that Act;
the excess shall be paid into the Consolidated Fund; and if in any such year as aforesaid the aggregate of the sums that accrued as aforesaid, after deduction of any sum required by the Treasury to be set aside as aforesaid, falls short of the second-mentioned aggregate, the deficiency shall be made good out of that fund.
- (2) In this section, " year " means a period of twelve months ending 31st December.
Annual accounts with respect to investment deposits
100
- (1) Anything which, in the year in which the appointed day falls, falls, by virtue of section 5 (preparation and audit of accounts) of the Post Office Savings Bank Act 1966, to be done by or to the Postmaster General shall, if not done before that day, be done instead by or to the Treasury.
- (2) The following requirements shall, as respects the year in which the appointed day falls and each subsequent year, have effect in place of those of the said section 5, namely.—
- (a) the Director of Savings and the National Debt Commissioners shall prepare, for the year, a statement of accounts of the National Savings Bank Investment Account Fund;
- (b) the statement of accounts for each year shall, before the end of May next following the expiration of the year, be transmitted to the Comptroller and Auditor General who shall examine, certify and report on it and lay copies of it, together with copies of his report on it, before Parliament.
- (3) In this section "year " means a period of twelve months ending 31st December.
Ultimate liability of the Consolidated Fund for repayment of deposits
101
If at any time claims in respect of ordinary or investment deposits cannot be met, the Treasury shall provide the Postmaster General or the Director of Savings with such sum out of the Consolidated Fund as is necessary to meet them.
Certain sums to be treated as expenses incurred by the Director of Savings
102
- (1) As from the appointed day, section 22(1) of the Post Office Savings Bank Act 1954 (which provides that certain sums are to be deemed to be included amongst the expenses incurred in the execution of that Act by the National Debt Commissioners and, before the passing of the Post Office Act 1961, also provided that certain sums were to be deemed to be included amongst the expenses so incurred by the Postmaster General), shall have effect with the substitution, for the words " the Commissioners " (except where occurring in paragraph (c)), of the words " the Director of Savings and the Commissioners respectively " and with the addition, at the end thereof, of the following paragraph:—
(e) any capital expenditure incurred in providing premises or equipment wholly used for the purposes of this Act by the Director of Savings, and such part of any such expenditure incurred in providing premises or equipment partly used as aforesaid as was, in the opinion of the Treasury, incurred for those purposes
.
- (2) As from the appointed day, section 22(2) of the Post Office Savings Bank Act 1954 shall have effect with the omission of the words " by the Commissioners ", with the insertion, after the word " premises " (where first occurring) of the words " or equipment" and with the substitution, for the words " the premises or of that part of the premises which was used for the said purposes " , of the words " the premises or equipment or, in the case of premises or equipment partly used for the said purposes, such proportion of that sum as the Treasury determine to be appropriate having regard to the extent to which the premises or equipment were so used ".
Amendment of section 10(1) of the Post Office Savings Bank Act 1954
103
Section 10(1) of the Post Office Savings Bank Act 1954 (secrecy) shall not prevent the disclosure by a person authorised for the purpose by the Director of Savings of information to any person in connection with an offence committed with reference to the account of a depositor or for the purpose of ascertaining whether or not an offence has been so committed.
Amendment of section 12(3) of the Post Office Savings Bank Act 1954
104
In subsection (3) of section 12 of the Post Office Savings Bank Act 1954 (which requires the necessary financial adjustment to be made in the books of the National Debt Commissioners in consequence of a depositor in a trustee savings bank having transferred the amount due to him from that bank to a post office savings bank), for the words from " from the account of the first-mentioned savings bank " onwards, there shall be substituted the words " from the account of the trustee savings bank in question to that kept for the purposes of this Act ".
Parliamentary control of regulation-making powers under the Post Office Savings Bank Acts 1954 and 1966
105
A statutory instrument containing regulations under the Post Office Savings Bank Act 1954 or the Post Office Savings Bank Act 1966 (not being an instrument whereof a draft has been laid before Parliament before the passing of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Selective employment refunds referable to employment in the National Savings Bank
106
Vesting in the Minister of Public Building and Works of the Postmaster General's interest in certain lands in Hammersmith
107
- (1) On the appointed day, the land delineated (and coloured pink) on the plans deposited in connection with the Bill for this Act with the Minister of Public Building and Works and authenticated by the signature of the Postmaster General (being land in the London borough of Hammersmith held by the Postmaster General and appropriated to the exercise and performance of his functions under the Post Office Savings Bank Acts 1954 and 1966) shall, by virtue of this subsection, vest in the Minister of Public Building and Works and shall be taken by him as land necessary for the public service and held by him for all the estate and interest for which it was previously held by the Postmaster General.
- (2) The Postmaster General may by order provide that the foregoing subsection shall operate—
- (a) to annex to the said land such easements or other rights over contiguous land which, immediately before the appointed day, may be vested in him for an estate in fee simple, as may be specified in the order; or
- (b) to annex to the last-mentioned land such easements or other rights over the first-mentioned land as may be so specified;
or to do both of those things.
Replacement of the Postmaster General by the Director of Savings for the Purposes of the National Debt Act 1958 and the National Loans Act 1968, and Provisions consequential thereon
The stock register kept under Part I of the National Debt Act 1958
108
- (1)
- (a) in section 48 of the Finance (No. 2) Act 1915 (procedure on death of a person entitled to government stock), for the words “the Postmaster General” there shall be substituted the words “the Director of Savings” ;
- (b) in sections 66 (transfer of government stock on authority of order of a court) and 67 (indemnity on transfer of government stock) of the Finance Act 1916, for the words “the Postmaster General” there shall be substituted the words “the Director of Savings” ;
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (f) in section 1(4)(c) of the Stock Transfer Act 1963 (simplified transfer of securities), for the words “the Post Office register” there shall be substituted the words “the National Savings Stock Register”; and
- (g) any reference to the Postmaster General in a nomination executed under regulations made, or having effect as if made, under section 2 of the National Debt Act 1958 shall be construed as referring to the Director of Savings.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power of the Treasury to raise money under the auspices of the Director of Savings
109
The power conferred by section 12 of the National Loans Act 1968 on the Treasury to raise money shall extend to raising money under the auspices of the Director of Savings and, in particular, by the issue, under his auspices, of national savings certificates;
Amendment of section 12 of the National Debt Act 1958
110
Power to replace lost or destroyed bonds issued by the Postmaster General or the Director of Savings
111
- (1) Where the Director of Savings is satisfied that a bond to bearer issued on behalf of the Treasury by him or by the Postmaster General, or a coupon of any such bond, has been lost or destroyed, he may, if he thinks fit, and on such conditions as he thinks fit, but subject to any general directions of the Treasury, issue a new bond or coupon on receiving indemnity to his satisfaction against the claims of all persons deriving title under the bond or coupon lost or destroyed.
- (2) This section shall come into operation on the appointed day and have effect in place of section 13 of the National Debt Act 1958.
Amendment of section 35 of the Finance Act 1961
112
As from the appointed day, section 35 of the Finance Act 1961 (national savings stamps and gift tokens) shall have effect as if, in subsection (1), after the words " the Postmaster General", there were inserted the words " or the Director of Savings " and as if, in subsection (5), for the words " payable out of the Post Office Fund in respect of those stamps or tokens ", there were substituted the words " payable in respect of the exchange or encashment of those stamps or tokens ".
Credits to the Post Office in respect of certain capital Expenditure incurred by the Postmaster General in Connection with annuity, savings bank and national debt Functions
Credits to the Post Office in respect of certain capital expenditure incurred by the Postmaster General in connection with annuity, savings bank and national debt functions
113
Extent of Part V and Schedule 6
Extent of Part V and Schedule 6
114
This Part of this Act and Schedule 6 thereto shall extend to the Isle of Man and the Channel Islands.
Part VI — Stamps and Stamp Duties
Stamps
Use of postage stamps for revenue purposes
115
Allowance by Commissioners of Inland Revenue for spoiled postage stamps
116
- (1) Sections 9 and 10 of the Stamp Duties Management Act 1891 (allowance to be made by the Commissioners of Inland Revenue for spoiled stamps, and allowances to be so made for misused stamps) shall apply to adhesive postage stamps as they apply to other stamps, but subject, in the case of section 9, to the qualification that allowance is not to be made by virtue of this section for stamps not appearing to the Commissioners to have been intended to be used for denoting a duty or fee ; and the second and third references to stamps in section 11 of that Act (how allowance is to be made) shall, for the purpose of its operation in relation to allowance made by virtue of this section, be construed as referring to adhesive postage stamps.
- (2) This section shall come into operation on the appointed day.
Application of section 9 of the Stamp Act 1891, and provisions as to proceedings thereunder relating to postage stamps
117
Application of section 13 of the Stamp Duties Management Act 1891 to frauds touching postage stamps, and consequential amendment of section 16 of that Act
118
Power of the Commissioners of Inland Revenue to stamp paper for the Post Office
119
Validity of existing stamps
120
Amendment of the Insurance Acts as to stamps for payment of contributions
121
Power to apply to national savings stamps provisions with respect to revenue and postage stamps
122
Meaning of " postage " and " postage stamp "
123
Stamp Duties
Composition for stamp duty on the Post Office's money orders
124
Composition for stamp duty on foreign money orders presented to the Post Office for payment
125
So far as regards the provision by it of services by means of which money may be remitted by means of money orders, the Post Office shall be deemed to be a banker for the purposes of section 31 of the Finance Act 1967 (composition by bankers of stamp duty chargeable on foreign bills of exchange presented to them for payment).
Postal orders to be exempt from stamp duty
126
Stamp duty shall not be chargeable on a postal order (whether issued by the Post Office or another postal administration) or on a note, memorandum or writing whereby a postal order (whether issued by the Post Office or another postal administration) is acknowledged to have been paid.
Extension of section 52 of the Finance Act 1946
127
Special Provisions with respect to Northern Ireland
Application of foregoing provisions of Part VI to Northern Ireland
128
Exemption of Act from stamp duty in Northern Ireland
129
Part VII — Miscellaneous and General
Power of the Treasury to dispose of their interest in the shares of Cable and Wireless Limited
130
Settlement of certain financial matters outstanding on the appointed day
131
- (1) The provisions of Schedule 7 to this Act shall have effect for the purpose of securing the settlement on, or as soon as practicable after, the appointed day of outstanding financial matters with which the Postmaster General is concerned and of making provision consequential on the settlement of such of those matters as are connected with the exercise and performance by him of functions under the National Health Service Contributions Act 1965 and the Redundancy Payments Act 1965.
- (2) Section 22(2) of the National Loans Act 1968 (construction of references in that Act to the charge of payments on the National Loans Fund with recourse to the Consolidated Fund) shall have effect as if the first reference to that Act included a reference to Schedule 7 to this Act.
Extension of regulation-making power under section 52(2) of the Government Annuities Act 1929
132
- (1) In section 52(2) of the Government Annuities Act 1929 (which empowers the National Debt Commissioners, with the concurrence of the Treasury, to make regulations for carrying out the provisions of Part II of that Act so far as regards any annuities or insurances granted by the Commissioners, either directly or through any parochial or other society, and so far as the trustees of savings banks are concerned), the words from “so far as regards” to “concerned” shall cease to have effect on the appointed day.
- (2) Without prejudice to section 13 of the Interpretation Act 1978, the power to make regulations under the said section 52(2), in so far as it is conferred by virtue of the foregoing subsection, may be exercised at any time after the passing of this Act as if that subsection had come into operation on the passing of this Act, but so that regulations made by virtue of that subsection shall not come into operation before the appointed day.
- (3) This section shall extend to the Isle of Man and the Channel Islands.
Power of managers of certain welfare funds to preserve their scope
133
Issue by local authorities in Great Britain of dog and game licences
134
- (1) As from the appointed day, licences for dogs shall be issued in Great Britain by the councils having power to levy the duties thereon and so, in England and Wales, shall licences for dealing in, or killing, game.
- (2) A council in Great Britain having power to levy the duties on any such licences as aforesaid may employ persons to act as its agents for the purpose of the issue of the licences and may pay to persons employed so to act such reasonable remuneration as it thinks fit.
Remuneration of the Post Office for issuing dog and game licences in England and Wales
135
- (1) Any sums falling to be paid by the Secretary of State to the Post Office companyin pursuance of any agreement to which he, it and a council in England or Wales are parties, being—
- (a) an agreement providing for the issue by the Post Office company, on behalf of the council, of licences of all or any of the following kinds, namely, licences for dogs, licences for dealing in game and licences for killing game, and the payment by that Minister to the Post Office company of sums in consideration of its issuing the licences; . . .
- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall be paid out of moneys provided by Parliament.
- (1A) In subsection (1) above “the Post Office company” has the same meaning as in Part IV of the Postal Services Act 2000.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenses
136
Any increase attributable to the provisions of this Act in sums which, under any other enactment (other than the Ministers of the Crown Act 1964), are defrayed out of moneys provided by Parliament shall be defrayed out of moneys so provided, and any increase so attributable in sums which under any other enactment are defrayed out of the Consolidated Fund or the National Loans Fund shall be defrayed out of the first-or last-mentioned fund, as the case may be.
Cesser of obsolete, enactments
137
- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provisions
138
- (1) The general transitional provisions contained in Schedule 9 to this Act, and the special transitional provisions with respect to patents for inventions and registered designs contained in Schedule 10 to this Act, shall have effect.
- (2) This section and the said Schedules 9 and 10 shall extend to the Isle of Man, and this section and the said Schedule 9 shall extend to the Channel Islands.
Application to Northern Ireland
139
- (1) In the application of this Act to Northern Ireland—
- (a) any reference to an enactment of the Parliament of Northern Ireland (except a reference to Schedule 5 or 6 to the Roads Act (Northern Ireland) 1948) or to an enactment which that Parliament has power to amend—
- (i) shall, except in Schedule 4 to this Act, be construed as including a reference to any enactment of the Parliament of Northern Ireland passed after this Act and re-enacting the said enactment with or without modification;
- (ii) shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by any enactment, whether passed before or after this Act, and including a reference thereto as extended or applied by or under any other enactment, including this Act;
- (b) “Act” and “enactment” (except in subsection (1) of the next following section) respectively include an Act and an enactment of the Parliament of Northern Ireland.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) ..., regulations made by the Secretary of State under the Civil Defence Act (Northern Ireland) 1950 may apply to a universal service provider ... in connection with the provision of a universal postal service ... such of the provisions of the Civil Defence Act (Northern Ireland) 1939 (except section 7(4) thereof) relating to public utility undertakers as may be specified in the regulations and may specify the Secretary of State as the appropriate department in relation to a universal service provider ... in connection with the provision of a universal postal service ... for the purpose of the application of any provisions so specified to a universal service provider ... in connection with the provision of a universal postal service ... .
- (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.
- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Construction of references to enactments
140
- (1) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended, and including a reference thereto as extended or applied, by or under any other enactment, including this Act.
- (2) Any reference in an Act passed before the passing of this Act to an enactment which is amended by this Act shall, unless the contrary intention appears, be construed, as from the day on which the amendment takes effect, as referring to that enactment as so amended.
Repeals
141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Short title
142
This Act may be cited as the Post Office Act 1969.
SCHEDULE 1
Status
1
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Members
2
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3
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4
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5
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6
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Proceedings
7
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8
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9
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Staff
10
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11
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12
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Fixing of Seal and Proof of Instruments
13
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14
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15
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SCHEDULE 2
Part I — Classes of Assets to be held to match a Proportion, determined under Section 41 of this Act, of Debts
1
Cash.
2
Money held on current account by other bankers on behalf of the Post Office in its capacity as the provider, in exercise of the power conferred on it by virtue of section 7(1)(b) of this Act, of a banking service.
3
Loans repayable either on demand or not later than the expiration of the period of fourteen days beginning with the day next following that on which notice is given to the borrower requiring repayment, being loans in the case of each of which the following condition is satisfied on each day on which it is outstanding, that is to say, that it is secured on one or more of the following, namely,—
- (a) Treasury bills and bills of Her Majesty’s Government in Northern Ireland;
- (b) accepted and transferable bills of exchange payable at a fixed period after date or sight expiring before the end of the fifth anniversary of that day;
- (c) marketable fixed interest securities issued by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of that anniversary;
- (d) marketable fixed interest securities in the case of which the payment of interest thereon is guaranteed by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of that anniversary.
4
Loans of either of the kinds mentioned in paragraph 9 of Part II of Schedule 1 to the Trustee Investments Act 1961, being loans repayable as mentioned in the last foregoing paragraph.
5
Treasury bills payable not more than ninety-one days from date and bills of Her Majesty’s Government in Northern Ireland so payable.
6
Assets of such other class as may from time to time be designated for the purposes of this Part of this Schedule by the Post Office with the approval of the Treasury.
Part II — Classes of Assets to be held to match the Residue of Debts
7
Cash.
8
Money held as mentioned in paragraph 2 above.
9
Loans of the class specified in paragraph 3 above.
10
Loans of the class specified in paragraph 4 above.
11
Treasury bills and bills of Her Majesty’s Government in Northern Ireland.
12
Assets of a class for the time being designated under paragraph 6 above.
13
Marketable fixed interest securities issued by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
14
Marketable fixed interest securities in the case of which the payment of interest thereon is guaranteed by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
15
Loans of either of the kinds mentioned in paragraph 9 of Part II of Schedule 1 to the Trustee Investments Act 1961, being loans made on terms that they will, without any demands’ being made, or notices’ being given, by the persons entitled to repayment, be repaid before the end of the fifth anniversary of the day on which they are made.
16
Securities of the kind mentioned in the said paragraph 9, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
17
Assets of such other class as may from time to time be designated for the purposes of this Part of this Schedule by the Post Office with the approval of the Treasury.
SCHEDULE 3
1
For any reference in Schedule 5 to the Roads Act (Northern Ireland) 1948 to an authority or a local authority or to the functions of a local authority as a road authority there shall be substituted a reference to the Post Office or to the functions of the Post Office as the case may require.
2
For any reference in Schedules 5 and 6 to the said Act of 1948 to the Ministry within the meaning of that Act there shall be substituted a reference to the Minister.
3
- (1) Paragraph 2(2) of the said Schedule 5 shall be omitted.
- (2) In paragraph 2(3)(c) of the said Schedule 5, after the word “served”, there shall be inserted the words “by post by means of the recorded delivery service”.
4
For any reference in the said Schedules to the said Act of 1948 there shall be substituted a reference to this Act.
5
- (1) For the purposes of a vesting order in respect of an estate in land, being an estate less than a fee simple, the said Schedule 5 shall have effect with such modifications as may be necessary to enable such an estate to be acquired by means of the vesting order and to enable compensation in respect thereof to be duly paid or discharged and (without prejudice to the generality of the foregoing provisions) shall have effect as if for the words in paragraph 5 of the said Schedule 5 from “A vesting order” to “under this Schedule” there were substituted the following words— “ A vesting order shall operate, without further assurance, to vest in the Post Office, as from the date on which the vesting order becomes operative (in this Schedule referred to as “the date of vesting”), all such estates in, to or over the land to which the order relates as are specified in the order, freed and discharged from all the estates of any other person whosoever therein except in so far as is otherwise expressly provided in the order, and the rights and claims of any such other person in respect of an estate so vested shall, as from the date of vesting be transferred and attached, to the extent to which compensation may be payable in accordance with this Schedule, to the funds of the Post Office (in this Schedule referred to as “the compensation fund”) and shall be discharged by payments made by the Post Office ”.
- (2) In the said paragraph 5, for the words from “be the date” onwards there shall be substituted the words “be the date on which the vesting order becomes operative or the date of the lodgment of the vesting order with the registering authority under that Act, whichever is the later”.
6
In paragraph 10 of the said Schedule 5, for the words from “signed” to the end of head (b), there shall be substituted the words “signed by such person as may be designated for the purposes of this Schedule by the Post Office”.
SCHEDULE 4
Part I — Interpretation
1
In this Schedule “the authority” means the authority established by section 6 of this Act.
Part II — Adaptations of public general Enactments
Adaptations of Enactments relating to the Post
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Adaptations of Enactments relating to Telegraphs
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6
The reference to the Postmaster General in section 2(1) of the Telegraph Act 1899 (payment of expenses of exercise of powers under telephone licence) to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.
7
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Adaptations of Enactments relating to the Supply of Electricity
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10
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11
As from the appointed day, references to a private generating station in section 11 of the Electricity (Supply) Act 1919 (restrictions on the establishment of new generating stations) shall be construed as including references to a generating station (within the meaning of that Act) for the generation of electricity for use wholly or mainly for the purposes of the authority’s undertaking.
12
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13
As from the appointed day, references to the Postmaster General in section 40(2) to (4) of the Electricity (Supply) Act (Northern Ireland) 1948 (saving for power of certain Ministers) shall be construed as referring to the authority.
Adaptations of other Enactments
14
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16
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17
As from the appointed day, the reference to the Postmaster General in section 15 (savings) of the Public Health Acts Amendment Act 1890 shall be construed as referring to the authority.
18
As from the appointed day, the reference to Her Majesty's Postmaster General in section 132 of the Burgh Police (Scotland) Act 1892 (erection of telegraph poles, &c, in streets) shall be construed as referring to the authority.
19
As from the appointed day, the reference to the Postmaster General in section 4(1)(f) of the Congested Districts (Scotland) Act 1897 (guarantees for telegraph extensions, &c), shall be construed as referring to the authority.
20
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21
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24
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25
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26
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27
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28
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29
As from the appointed day, the reference in section 10 of the Public Health Act 1925 (Crown rights) to works or apparatus belonging to the Postmaster General shall be construed as referring to works or apparatus belonging to the authority.
30
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31
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32
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33
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34
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35
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36
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37
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38
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39
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40
- (1) As from the appointed day, references to the Postmaster General in paragraphs 4, 5(3) and 36 of Schedule 4 to the Water (Scotland) Act 1946 (which paragraphs contain a protection for telegraphic lines from interference) shall be construed as referring to the authority.
- (2) The reference in the foregoing sub-paragraph to Schedule 4 to the Water (Scotland) Act 1946 shall be construed as including a reference to that Schedule as incorporated or applied by or under any enactment in force at the beginning of the appointed day.
41
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42
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43
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44
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45
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46
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47
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48
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49
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50
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51
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52
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53
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54
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55
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