Legalize / United Kingdom / Public General Act

Post Office Act 1969

Type Public General Act

Publication 1969-07-25

Last updated 2013-06-25

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

As from the appointed day, the reference to the Post Office in section 12(3)(b) of the Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.

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(1) Where any work proposed to be done on or after the appointed day by the Northern Ireland Housing Executive in pursuance of a clearance or demolition order or a re-development scheme made by them under the Housing (Northern Ireland) Order 1981 involves, or is likely to involve, an alteration in a telegraphic line belonging to, or used by, the authority, paragraphs (1) to (8) of section 7 of the Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the Northern Ireland Housing Executive.

(2) Where, in pursuance of an order under section 22 of the Housing of the Working Classes Act 1890, section 14 of the Housing Act (Northern Ireland) 1961, Article 51 of the Housing (Northern Ireland) Order 1981 or section 25 of the New Towns Act (Northern Ireland) 1965, that comes into operation on or after the appointed day, a public right of way over land is extinguished and, immediately before the day on which the order comes into operation, there is under, in, on, over, along or across the land a telegraphic line of the authority’s, the authority shall have the same powers in respect of the line as if the order had not come into operation; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required.

(3) In this paragraph “telegraphic line” and “alteration” have the same meanings as in the Telegraph Act 1878.

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As from the appointed day, section 3 of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (access to telegraphic lines, &c.) shall have effect as if for the words " Postmaster General" there were substituted the words " Post Office " and as if, in subsection (1), for the words " he " and " him " there were substituted the word " it ".

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(1) As from the appointed day, references in section 45(1) and (2) of the Opencast Coal Act 1958 (provisions as to telegraphic lines) to the Postmaster General shall be construed as referring to the authority.

(2) Section 45(3) of the said Act of 1958 shall, in relation to an order coming into force on or before the appointed day, have effect as if, for the second reference to the Postmaster General, there were substituted a reference to the authority and, in relation to an order coming into force after that day, have effect as if, for each reference to the Postmaster General, there were substituted a reference to the authority.

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As from the appointed day, section 7(1) of the Payment of Wages Act 1960 (interpretation) shall have effect as if, for the definitions of “money order” and “postal order”, there were substituted the following definitions:—

“money order” means a money order issued by the Postmaster General or the Post Office and “postal order” means a postal order so issued

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As from the appointed day, the references to the Postmaster General in section 53 of the Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.

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As from the appointed day, the reference in section 1(4) of the Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.

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As from the appointed day, the Schedule to the Building Control Act 1966 (which specifies bodies in the case of which work carried out by them is exempt from control under that Act) shall have effect as if, at the end thereof, there were added a reference to the authority.

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As from the appointed day, the authority shall be deemed to be a public utility undertaking for the purposes of section 1 of the Local Government and Roads Act (Northern Ireland) 1968.

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(1) A universal service provider ... in connection with the provision of a universal postal service ... shall be deemed to be a statutory undertaker and his undertaking so far as relating to the provision of a universal postal service a statutory undertaking for the purposes of the following enactments, namely,—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) section 4 of the Requisitioned Land and War Works Act 1948;

(viii) the Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the Roads (Northern Ireland) Order 1980

(ix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x) the National Parks and Access to the Countryside Act 1949;

(xi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xii) the Landlord and Tenant Act 1954;

(xiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii) section 11 of the Land Compensation Act 1961;

(xviii) section 3(4) of the Flood Prevention (Scotland) Act 1961;

(xix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xx) the Pipe-lines Act 1962;

(xxi) section 18 of the Land Compensation (Scotland) Act 1963;

(xxii) Schedules 3 to the Harbours Act 1964;

(xxiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxiv) section 10(4) of the Highlands and Islands Development (Scotland) Act 1965;

(xxv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxvi) . . .

(xxvii) sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the Countryside (Scotland) Act 1967;

(xxviii) the New Towns (Scotland) Act 1968;

(xxix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxx) section 22 of the Sewerage (Scotland) Act 1968;

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(xxxiv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxv) Section 9 of the Enterprise and New Towns (Scotland) Act 1990.

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(2) In the following enactments, namely,—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) the Pipe-lines Act 1962;

(k) Schedules 3 to the Harbours Act 1964;

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“the appropriate Minister” shall, in relation to a universal service provider ... , mean the Minister.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In the following enactments, namely,—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 13 of the Pipe-lines Act 1962;

(e) the New Towns Act 1981

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the New Towns (Scotland) Act 1968;

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“operational land” shall, in relation to a universal service provider ... , mean land of his of any such class as may be specified in regulations made jointly by the Minister and the Minister of Housing and Local Government by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament); and—

(i) the definition of a class of land for the purposes of regulations made under this sub-paragraph may be framed by reference to any circumstances whatsoever; and

(ii) if any question arises whether land of a universal service provider’s falls within a class specified in regulations so made, it shall be determined by the Minister.

In the application of this sub-paragraph to Scotland, for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State.

(4A) In this paragraph “universal service provider” and “universal postal service” have the same meaning as in Part 3 of the Postal Services Act 2011.

(5) This paragraph shall come into operation on the appointed day.

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Part III — Adaptations of local Enactments

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(1) Nothing in—

(a) the London Building Acts 1930 to 1939 or byelaws thereunder; or

(b) a special enactment passed or made before the appointed day (including such an enactment relating to Scotland or Northern Ireland) for purposes similar to those of an enactment contained in Part V or VII of the Highways Act 1959 (except sections 136 to 138);

shall affect any powers of the authority under the enactments relating to telegraphs or apply to any telegraphic lines placed or maintained by the Postmaster General or the authority by virtue of those enactments.

(2) In this paragraph, “special enactment” has the same meaning as in the Highways Act 1959.

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Nothing in a local Act passed in the same Session as this Act shall authorise the doing of anything constituting an infringement of the privilege conferred by section 24(1) of this Act.

Part IV — Adaptation of Orders in Council

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SCHEDULE 5

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(1) In any proceedings against a person in respect of an offence under section 45 of the Telegraph Act 1863 consisting in the improper divulging of the purport of a message or communication or an offence under section 20 of the Telegraph Act 1868 it shall be a defence for him to prove that the act constituting the offence was done under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000, under section 11(9) of that Act or in pursuance of a requirement imposed by the Interception of Communications Commissioner under section 58(1) of that Act or imposed by section 68(6) of that Act or by or in accordance with any rules under section 69 of that Act..

(2) Subsection (2) of section 58 of the Post Office Act 1953 (warrants in Northern Ireland and the Isle of Man) shall apply for the purposes of the foregoing sub-paragraph as it applies for the purposes of subsection (1) of that section.

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Section 63 of the Post Office Act 1953 shall have effect as if, in subsection (6) thereof, for the words “any stamp for denoting a current rate of postage of any country outside the British postal area” , there were substituted the words “any current stamp for denoting a rate of postage of any country outside the British postal area”.

SCHEDULE 6

PART I — Amendments of the Post Office Savings Bank Act 1954

PART II — Amendments of the Post Office Savings Bank Act 1966

Part III — Amendments of other enactments

SCHEDULE 7

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(1) As soon as practicable after the appointed day, the Post Office shall pay sums equal in the aggregate to the difference between the aggregate of the sums paid by the Postmaster General in pursuance of section 2 of the Post Office Act 1961 (contributions by the Postmaster General in lieu of taxes, &c.) and what is agreed between the Treasury and the Post Office to be the aggregate of the sums which, had this Act not passed, would have been paid in pursuance of that section by the Postmaster General in respect of the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day.

(2) As from the appointed day.—

(a) subsection (3) of the said section 2 (destination of payments under that section) shall have effect as if, for the reference to that section, there were substituted a reference to the foregoing sub-paragraph and, for the reference to the Postmaster General, there were substituted a reference to the Post Office; and

(b) subsection (4) of that section (apportionment of sums paid under that section between Great Britain and Northern Ireland) shall have effect as if the reference to that section included a reference to the foregoing sub-paragraph.

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(1) If, immediately before the appointed day, any sums of money that, by virtue of section 3(1) of the Post Office Act 1961, are subject to be paid by the Postmaster General into the Exchequer of the United Kingdom (that is to say, sums received by him by way of broadcast receiving licence revenue) are in his hands, the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Minister, who shall pay them into the Consolidated Fund.

(2) As soon as practicable after the appointed day, the Minister shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid, under section 3(2) of the Post Office Act 1961, into the Post Office Fund out of moneys provided by Parliament for paying the Postmaster General for discharging his functions under the Wireless Telegraphy Acts 1949 to 1967 and the Television Act 1964, in so far as broadcasting is concerned or otherwise in relation to broadcasting and the amount determined by the Minister, with the approval of the Treasury, to be the aggregate of the sums that, had this Act not passed, would have been paid, under that section, into that fund, out of moneys so provided for that purpose in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day.

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(1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him from the Secretary of State for the payment on his behalf of benefit (as defined by section 114(1) of the National Insurance Act 1965 or section 86(1) of the National Insurance (Industrial Injuries) Act 1965), allowances under the Family Allowances Act 1965 or allowances or benefit under the Industrial Injuries and Diseases (Old Cases) Act 1967 or received by him in respect of sales of insurance stamps (within the meaning of the first- or second-mentioned Act of 1965), the Post Office shall, on that day, assume a liability to pay equivalent sums to the Secretary of State; and if, immediately before that day, any sums of money are owed by the Secretary of State to the Postmaster General for the purpose of reimbursing him sums paid by him on behalf of the Secretary of State by way of such benefit or allowances as aforesaid, the Secretary of State shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed.

(2) As soon as practicable after the appointed day, the Secretary of State shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him, the Minister of Social Security and the Minister of Pensions and National Insurance together in pursuance of subsection (2) of section 85 of the National Insurance Act 1965 (payment of the Postmaster General for work done by him in the execution of that Act and the other enactments mentioned in that subsection) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him and those Ministers together in pursuance of that subsection to the Postmaster General in respect of" the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day.

(3) The payment falling to be made in pursuance of the last foregoing sub-paragraph shall be defrayed as follows, that is to say.—

(a) so much as is attributable to work done by the Postmaster General in the execution of the National Health Service Contributions Act 1965, so much as is determined by the Treasury to be attributable to work done by him in the execution of section 28 of the Redundancy Payments Act 1965 and so much as is so determined to be attributable to work done by him in the execution of section 44 of the Finance Act 1966 (selective employment tax) shall be defrayed out of moneys provided by Parliament;

(b) the residue shall be defrayed as part of the expenses of the Secretary of State in carrying into effect the enactments mentioned in section 85(2) of the National Insurance Act 1965;

and, for the purpose of determining what part of the residue should be attributed to each respectively of the enactments so mentioned, it shall be apportioned between them in such manner as may be determined by the Secretary of State in accordance with any directions given by the Treasury.

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(1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him from the Secretary of State for the payment on his behalf of benefit (as defined by section 36(1) of the Ministry of Social Security Act 1966), the Post Office shall, on that day, assume a liability to pay equivalent sums to the Secretary of State; and if, immediately before that day, any sums of money are owed to the Postmaster General by the Secretary of State for the purpose of reimbursing him sums paid by him on behalf of the Secretary of State by way of benefit (as so defined), the Secretary of State shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed.

(2) As soon as practicable after the appointed day, the Secretary of State shall, out of" moneys provided by Parliament, pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him and the Minister of Social Security together in pursuance of subsection (3) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the Ministry of Social Security Act 1966) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him and the Minister of Social Security together in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day appointed under section 40(2)(c) of the last-mentioned Act by the Minister of Social Security and ending with the day immediately preceding the appointed day.

5

(1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a county council in respect of licences issued under the Vehicles (Excise) Act 1962, the Post Office shall, on that day, assume a liability to pay equivalent sums to the council.

(2) As soon as practicable after the appointed day, the Minister of Transport shall, out of moneys provided by Parliament, pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him in pursuance of subsection (4) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the Vehicles (Excise) Act 1962) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day.

(3) In this paragraph, the expression " county council " shall be construed in like manner as if it were contained in the Vehicles (Excise) Act 1962.

6

(1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a local authority in England or Wales in respect of licences for dogs or licences to deal in, or for killing, game, the Post Office shall.—

(a) if subsection (3) of section 35 of the Local Government Act 1966 (deduction by Postmaster General, from amount of duties in respect of such licences as aforesaid received by him, of expenses incurred by him on work done in connection with issue thereof) is not in force on that day, assume a liability to pay equivalent sums to the authority;

(b) if that subsection is in force on that day, assume a liability to pay to the authority equivalent sums less such sum as the Minister considers to be equal to that which, had this Act not passed and the first-mentioned sums been paid by the Postmaster General to the authority on that day, would, by virtue of that subsection, have been deducted by him therefrom.

(2) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a local authority in Scotland in respect of licences for dogs or licences for killing game, the Post Office shall pay to the authority equivalent sums, less such sum as the Minister considers to be equal to that which, had this Act not passed and the first-mentioned sums been paid by the Postmaster General to the authority on that day, would, by virtue of section 43(2) of the Local Government (Scotland) Act 1966 or of Article 4(6) of the Game Licences and Gamedealers' Licences (Scotland) Order 1967, have been deducted by him therefrom.

(3) If subsection (3) of section 35 of the Local Government Act 1966 is not in force on the appointed day, the Minister of Housing and Local Government shall, as soon as practicable thereafter, pay to the Post Office, out of moneys provided by Parliament, a sum equal to the difference between the aggregate of the sums paid by him in pursuance of subsection (5) of section 19 of the Post Office Act 1961 to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day.

7

(1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him by way of ordinary or investment deposits or for the purpose of the repayment of such deposits or the payment of interest thereon, the Post Office shall, on that day, assume a liability to pay equivalent sums to the Director of Savings.

(2) If, immediately before the appointed day, any sums of money are owed to the Postmaster General for the purpose of reimbursing him sums paid by him by way of the repayment of, or the payment of interest on, ordinary deposits, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards discharge of this liability shall be made out of ordinary deposits.

(3) If, immediately before the appointed day, any sums of money are owed to the Postmaster General for the purpose of reimbursing him sums paid by him by way of the repayment of, or the payment of interest on, investment deposits, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards discharge of this liability shall be debited to the National Savings Bank Investment Account Fund.

(4) As soon as practicable after the appointed day, the National Debt Commissioners shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by them in pursuance of subsection (6) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the Post Office Savings Bank Act 1954) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by the Commissioners in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day; and the payment of the sum falling to be paid by virtue of the foregoing provisions of this sub-paragraph shall be treated for the purposes of section 16 of the Post Office Savings Bank Act 1954 as part of the expenses incurred by the National Debt Commissioners in the execution of that Act.

(5) As soon as practicable after the appointed day, there shall be debited to the National Savings Bank Investment Account Fund and paid to the Post Office—

(a) a sum equal to the difference between the aggregate of the sums debited in pursuance of paragraph (a) of subsection (3) of section 3 of the Post Office Savings Bank Act 1966 (which paragraph operates to secure that the Postmaster General is paid for work done by him in connection with investment deposits) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been debited in pursuance of that paragraph in respect of the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day; and

(b) a sum equal to the difference between the aggregate of the sums debited in pursuance of paragraph (c) of that subsection (which paragraph operates to secure that the Postmaster General is reimbursed amounts paid by him under section 2 of the Post Office Act 1961 that are attributable to the investment of deposits under the said Act of 1966) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been debited in pursuance of that paragraph in respect of the period aforesaid.

8

(1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him—

(a) in respect of purchases or sales of government stock, national savings certificates or relevant securities;

(b) for the purpose of the payment of interest on, or the redemption of, government stock or relevant securities;

(c) for the purpose of the redemption or repayment of, or the payment of interest on, national savings certificates or war savings certificates; or

(d) for the purpose of making, in respect of relevant securities, payments other than payments of principal or interest;

the Post Office shall, on that day, assume a liability to pay equivalent sums to the Director of Savings.

(2) If, immediately before the appointed day, any sums of money are owed to the Postmaster General by the Treasury for the purpose of reimbursing him sums paid by him for any such purpose as is mentioned in sub-paragraph (1)(b), (c) or (d) above, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards the discharge of this liability shall be made out of the National Loans Fund with recourse to the Consolidated Fund.

(3) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money remitted under section 5 of the National Debt Act 1958 by the Bank of England or Ireland, the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Director of Savings.

(4) In this paragraph—

(a) " government stock " means stock registered in the register referred to in section 108(1) of this Act;

(b) " national savings certificates " means the certificates issued by that name under section 59 of the Finance Act 1920, Part II of the National Debt Act 1958 or section 12 of the National Loans Act 1968;

(c) " relevant securities " means securities (other than national savings certificates) created and issued under the National Loans Act 1939 or section 12 of the National Loans Act 1968 for the purpose of raising money through the department of the Postmaster General; and

(d) " war savings certificates " means the certificates issued by that name under the War Loan Act 1915 or section 58 of the Finance Act 1916.

9

If, immediately before the appointed day, any sums of money that, by virtue of section 35(2) of the Finance Act 1961, are subject to be paid into the National Loans Fund are in the hands of the Postmaster General (that is to say, sums received by him from the sale of national savings stamps or gift tokens), the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Treasury who shall pay them into that fund; and, if, immediately before that day, any sums are due under the said section 35(2) to the Postmaster General by way of reimbursing him money paid by him in respect of the exchange or encashment of national savings stamps or national savings gift tokens, the Treasury shall, on that day or as soon as practicable thereafter, pay out of that fund equivalent sums to the Post Office.

10

(1) If, immediately before the appointed day, any sum is due to the Postmaster General for reimbursing him expenses incurred by him of the kind mentioned in section 12(4)(c) or 13(4) of the National Loans Act 1968, an equivalent sum shall, on that day or as soon as practicable thereafter, be paid to the Post Office out of the National Loans Fund with recourse to the Consolidated Fund.

(2) If, in any period ending with the day immediately preceding the appointed day, the Postmaster General has done without payment work for whose doing he would, but for this Act, have received payment under subsection (7) of section 16 of the National Loans Act 1968 after the beginning of that day, there shall, on that day or as soon as practicable thereafter, be paid to the Post Office out of the National Loans Fund with recourse to the Consolidated Fund such sum as may be agreed between the Treasury and the Post Office to be equal to that which, but for this Act, would have been paid under that subsection to the Postmaster General for doing that work.

11

(1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money paid to him on contracts entered into under Part II of the Government Annuities Act 1929 or received by him from the National Debt Commissioners for the payment of moneys becoming due under contracts so entered into, the Post Office shall, on that day, assume a liability to pay equivalent sums to the National Debt Commissioners.

(2) If, immediately before the appointed day, any sums of money are owed by the National Debt Commissioners to the Postmaster General for the purpose of reimbursing him sums paid by him in satisfaction of payments due under contracts entered into under the said Part II, those Commissioners shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed; and the Treasury shall, for the purpose of enabling those Commissioners to make payments in or towards discharge of this liability, in so far as it is referable to contracts for the grant of immediate savings bank annuities, provide them with the necessary sums out of the National Loans Fund with recourse to the Consolidated Fund, and shall, for the purpose of enabling them to make payments in discharge of this liability, in so far as it is not so referable, provide them with the necessary sums out of the Consolidated Fund.

(3) As soon as practicable after the appointed day, the National Debt Commissioners shall pay to the Post Office, out of moneys provided by Parliament, a sum equal to the difference between the aggregate of the sums paid by them in pursuance of subsection (7) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of Part II of the Government Annuities Act 1929) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by the Commissioners in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day.

12

Where, in respect of use before the appointed day of an invention by virtue of section 46 of the Patents Act 1949, a payment has fallen to be, but has not been, made by the Postmaster General, or would, if this Act had not passed, have fallen to be made by him, that payment shall be made instead by the Post Office; and if the amount of the payment has not been agreed or determined as mentioned in subsection (3) of the said section 46 before that day, it shall, in default of agreement between the Post Office and the person to whom the payment is due, be determined in like manner as it would have been determined had this Act not passed.

13

Where, in respect of Use before the appointed day of a registered design by virtue of paragraph 1 of Schedule 1 to the Registered Designs Act 1949, a payment has fallen to be, but has not been, made by the Postmaster General or would, if this Act had not passed, have fallen to be made by him, that payment shall be made instead by the Post Office; and, if the amount of the payment has not been agreed or determined as mentioned in sub-paragraph (3) of the said paragraph 1 before that day, it shall, in default of agreement between the Post Office and the person to whom the payment is due, be determined in like manner as it would have been determined had this Act not passed.

14

If, immediately before the appointed day, any sums of money are, by virtue of section 77(4) of the Post Office Act 1953 (payment of tolls in Scotland and Northern Ireland), due to be paid by the Postmaster General, the Post Office shall, as soon as practicable after that day, pay such sums to the persons to whom they are due.

15

(1) Where, under any such arrangements as are mentioned in section 41(3) of the Redundancy Payments Act 1965 (arrangements for securing payments by way of compensation for loss of employment in certain circumstances where no redundancy payment is payable) a payment—

(a) has fallen to be, but has not been, made by the Postmaster General in respect of the termination before the appointed day of the employment of a person in the civil service in the department of the Postmaster General (whether or not in an established capacity) or in any other capacity remunerated out of the Post Office Fund; or

(b) would, if this Act had not passed, have fallen to be made by the Postmaster General in respect of the termination, before the appointed day, of such employment as aforesaid of a person;

that payment shall be made instead by the Post Office.

(2) If, immediately before the appointed day, any sums of money are owed by the Secretary of State to the Post Office Fund under section 41(2) of the Redundancy Payments Act 1965 (which provides for the making of a payment by the Secretary of State out of the Redundancy Fund to certain authorities or funds in a case where he is satisfied that, in accordance with any provision of the Superannuation Act 1965 or with such arrangements as are referred to in the foregoing sub-paragraph, a payment has been or will be made in respect of the termination of employment of a person) in respect of sums paid by the Postmaster General in respect of the termination of the employment of persons remunerated out of the Post Office Fund, the Secretary of State shall, on that day or as soon as practicable thereafter, pay to the Post Office sums equivalent to those owed.

(3) In the case of a payment falling to be made by the Post Office—

(a) by virtue of sub-paragraph (1) above; or

(b) by virtue of section 44 of this Act, in respect of the termination before the appointed day of such employment of a person as is mentioned in sub-paragraph (1)(a) above,

the said section 41(2) shall have effect in relation thereto with the substitution, for the reference to the appropriate fund or authority, of a reference to the Post Office.

16

(1) If, immediately before the appointed day, any sums of money are owed by the Ministry of Health and Social Services for Northern Ireland to the Post Office Fund under section 48(2) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (which provides for the making of a payment by that Ministry out of the Northern Ireland Redundancy Fund to certain authorities or funds in a case where it is satisfied that, in accordance with such arrangements as are referred to in sub-paragraph (1) of the last foregoing paragraph, a payment has been or will be made in respect of the termination of employment of a person) in respect of sums paid by the Postmaster General in respect of the termination of the employment of persons remunerated out of the Post Office Fund, that Ministry shall, on that day or as soon as practicable thereafter, pay to the Post Office sums equivalent to those owed.

(2) In the case of a payment by the Post Office—

(a) by virtue of sub-paragraph (1) of the last foregoing paragraph; or

(b) by virtue of section 44 of this Act, in respect of the termination before the appointed day of such employment of a person as is mentioned in that sub-paragraph;

the said section 48(2) shall have effect in relation thereto with the substitution, for the reference to the appropriate fund or authority, of a reference to the Post Office.

17

(1) Any payment which, if this Act had not passed, would have fallen to be made under section 3(2) of the Selective Employment Payments Act 1966 or section 4(2) of the Selective Employment Payments Act (Northern Ireland) 1966 to the Postmaster General on or after the appointed day in respect of a contribution week for which he paid selective employment tax before that day shall be made instead to the Post Office.

(2) The difference (if any) on the appointed day between the aggregate of any expenses incurred by the Postmaster General as a designated minister within the meaning of section 3 of the Selective Employment Payments Act 1966 and the aggregate of the amounts paid, by virtue of section 11(2) of that Act, into the Post Office Fund out of moneys provided by Parliament shall, as soon as practicable after that day, be paid to the Post Office out of moneys so provided.

18

(1) The Secretary of State shall, out of the moneys received by him on account of national health service contributions, set aside sums equal in the aggregate to so much of the payment falling to be made under paragraph 3(2) of this Schedule as is determined by the Treasury to be attributable to work done by the Postmaster General in the execution of section 2 of the National Health Service Contributions Act 1965, and, accordingly, section 3(3) of that Act shall have effect as if the reference therein to subsection (1) of that section included a reference to this sub-paragraph.

(2) The Secretary of State shall, out of the moneys received by him on account of redundancy fund contributions, retain sums equal in the aggregate to so much of the payment falling to be made under paragraph 3(2) of this Schedule as is determined by the Treasury to be attributable to work done by the Postmaster General in the execution of section 28 of the Redundancy Payments Act 1965, and, accordingly, section 29(5) of that Act shall have effect as if the reference therein to subsection (1) of that section included a reference to this sub-paragraph.

(3) Sums retained in pursuance of either of the foregoing sub-paragraphs by the Secretary of State shall be paid into the Consolidated Fund.

SCHEDULE 8

Part I — Enactments ceasing to have Effect on the Passing of this Act

Part II — Enactments ceasing to have Effect on the Appointed Day

SCHEDULE 9

1

(1) Section 3(1) of this Act shall not affect the validity of anything done by or in relation to the Postmaster General before the appointed day, being a thing done under or by virtue of the Wireless Telegraphy Act 1949, the Television Act 1964 or the Wireless Telegraphy Act 1967; and anything which, immediately before that day, is, under or by virtue of any of those Acts, in process of being done by or in relation to him (including, in particular, any legal proceeding to which he is a party) may be continued by or in relation to the Minister.

(2) Any notice served, approval or authority given or other thing whatsoever done under or by virtue of the Wireless Telegraphy Act 1949, the Television Act 1964 or the Wireless Telegraphy Act 1967 by the Postmaster General shall, if effective at the appointed day, continue in force and have effect as if similarly served, given or done by the Minister.

2

(1) Any agreement, and any provision in a document not being an agreement, shall, so far as may be necessary in consequence of the enactment of Part III of this Act, have effect as from the appointed day—

(a) as if references to the Crown, the Postmaster General, the Post Office or the Minister of Public Building and Works (except in cases where they fall to be adapted by head (b) or (c) below) were (or, if the context so requires, included) references to the authority established by section 6 of this Act;

(b) as if—

(i) references in general terms (however worded) to officers of the Postmaster General, to officers of the Post Office (otherwise than as defined by section 87(1) of the Post Office Act 1953), to officers of the Crown or to servants of the Postmaster General, the Post Office or the Crown were (or, if the context so requires, included) references to persons employed by the authority established by section 6 of this Act;

(ii) references in general terms (however worded) to officers of the Post Office as so defined were (or, if the context so requires, included) references to persons engaged in the business of the said authority;

(iii) references in general terms (however worded) to agents of the Postmaster General, the Post Office or the Crown were (or, if the context so requires, included) references to agents of the said authority;

(iv) references (however worded) to an officer of the Postmaster General or the Post Office holding a specified office were (or, if the context so requires, included) references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned officer; and

(v) references (however worded) to a servant of the Postmaster General, the Post Office or the Crown serving in a specified capacity were (or, if the context so requires, included) references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned servant;

(c) as if references (whether express or implied and, if express, however worded) to property of the Crown or the Postmaster General or his department were (or, if the context so requires, included) references to property of the said authority and references (whether express or implied and, if express, however worded) to land or premises occupied by the Crown, the Postmaster General, his department or an officer or servant of the Crown or Postmaster General were (or, if the context so requires, included) references to land or premises occupied by the said authority;

(d) as if any reference to the making, under a government provision, of a payment to or in respect of a person in consequence of his becoming ill, being injured or dying, were a reference to the making, to or in respect of him in consequence of his becoming ill, being injured or dying, of a payment falling to be made by virtue of a condition of his service (whether binding in law or not) providing for the making, in consequence of his becoming ill, being injured or dying, of a payment to or in respect of him.

(2) Without prejudice to the foregoing sub-paragraph, any agreement to which the Crown is a party, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by it, shall, as from the appointed day, have effect, so far as may be necessary for, or in consequence of, the vesting by virtue of Part III of this Act of property, rights or liabilities in the Post Office, as if the Post Office had been a party thereto.

(3) Without prejudice to sub-paragraph (1) above, where, by the operation of the said Part III, a right or liability becomes a right or liability of the Post Office, it and all other persons shall have the same rights, powers and remedies (and, in particular, the same rights, powers and remedies as to taking or resisting legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing it as they would have had if it had at all times been the right or liability of the Post Office; and legal proceedings or applications by or against the Crown, in so far as they relate to any property, rights or liabilities vested in the Post Office by virtue of sections 16 to 20 of this Act, or to any agreement or document which has effect in accordance with the foregoing provisions of this paragraph, shall not abate by reason of the Crown’s ceasing to be interested in the subject-matter thereof but may be continued by or against the Post Office to the exclusion of the Crown.

(4) With respect to instruments and documents executed or signed before the appointed day—

(a) every instrument or document purporting to be executed or signed by or on behalf of the Postmaster General shall be deemed to be so executed or signed unless the contrary is shown; and

(b) a certificate signed before the appointed day by the Postmaster General that any instrument or document purporting to be executed or signed on his behalf was so executed or signed shall be conclusive evidence of that fact.

3

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

5

(1) References in sections 70 and 71 of this Act to a money order issued by the Post Office shall include references to—

(a) a money order issued by the Postmaster General but not paid before the appointed day; and

(b) an order issued by him in pursuance of such an arrangement as is mentioned in section 24 of the Post Office Act 1953 (as in force immediately before the appointed day) but not so paid, being an order which is for the payment of money in the British Islands and corresponds to a money order issued by him;

and the reference in the said section 71 to payment by the Post Office shall include a reference to payment by the Postmaster General.

(2) References in section 70 of this Act to a postal order issued by the Post Office shall include references to a postal order issued by the Postmaster General but not paid before the appointed day.

(3) In this paragraph " the British Islands" means the United Kingdom, the Isle of Man and the Channel Islands.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

9

(1) This paragraph applies to the following instruments, namely,—

(a) the agreement dated 2nd April 1962 whereto the parties are the Postmaster General and the Commercial Cable Company, Incorporated (a company incorporated under the law of the State of New York of the United States of America);

(b) the agreement dated 1st April 1963 whereto the parties are the Postmaster General and the Compagnie Francaise des Câbles Télégraphiques S.A. (a company incorporated under the law of France);

(c) the agreement dated 27th December 1965 whereto the parties are the Postmaster General and Western Union International, Incorporated (a company incorporated under the law of the State of Delaware of the United States of America); and

(d) the licence dated 1st March 1966 whereto the parties are Her Majesty, the Crown Estate Commissioners, the Postmaster General and Det Store Nordiske Telegraf-Selskab Aktieselskab (a company incorporated under the law of the Kingdom of Denmark and commonly known in the United Kingdom, and in that licence referred to, as the Great Northern Telegraph Company Limited).

(2) Nothing done, on or after the appointed day, under, and in accordance with the terms of, an instrument to which this paragraph applies, shall constitute an infringement of the privilege conferred by section 24(1) of this Act.

10

(1) Any licence operating by way of exception from the exclusive privilege conferred by section 4 of the Telegraph Act 1869 on the Postmaster General which is effective at the appointed day (not being a licence under the Wireless Telegraphy Act 1949) shall, as from that day, have effect as if it had been granted under section 27(1) of this Act and—

(a) as if references to the Crown (except in contexts referring to a Minister of the Crown) or to the Postmaster General or the Post Office (except in cases where they fall to be adapted by head (b) below) were references to the authority established by section 6 of this Act; and

(b) as if—

(i) references in general terms (however worded) to officers of the Postmaster General, to officers of the Post Office (otherwise than as defined by section 87(1) of the Post Office Act 1953), or to servants of the Postmaster General or the Post Office were (or, if the context so requires, included) references to persons employed by the authority established by section 6 of this Act;

(ii) references in general terms (however worded) to officers of the Post Office as so defined were (or, if the context so requires, included) references to persons engaged in the business of the said authority;

(iii) references in general terms (however worded) to agents of the Postmaster General or the Post Office were (or, if the context so requires, included) references to agents of the said authority;

(iv) references (however worded) to an officer of the Postmaster General or the Post Office holding a specified office were references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned officer; and

(v) references (however worded) to a servant of the Postmaster General or the Post Office serving in a specified capacity were references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned servant.

(2) Any instrument issued in pursuance of a licence falling within the foregoing sub-paragraph, being an instrument effective at the appointed day, shall, as from that day, have effect subject to the like modifications as those provided for by heads (a) and (b) of that sub-paragraph in the case of the licence.

11

A notice or certificate given, request made or requirement imposed under any provision of the enactments relating to telegraphs by, to or on the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given, made or imposed by, to or on the Post Office.

12

An authority granted under section 5(1) of the Telegraph Act 1892 which is effective at the appointed day shall, as from that day, have effect as if it had been granted under that section as amended by paragraph 5 of Schedule 4 to this Act.

13

Any such council as is mentioned in the Telegraph Act 1899 which, at the beginning of the appointed day, is licensed by the Postmaster General to provide a system of public telephonic communication, shall, so long as the licence continues in force, be deemed, for the purposes of that Act, to be licensed by the Post Office so to provide.

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

16

A notice given under section 24 of the Requisitioned Land and War Works Act 1945 by or to the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given by or to the Post Office.

17

(1) No steps shall be taken for the enforcement of a building law with respect to works on land that vests in the Post Office by virtue of section 16 of this Act, being works begun before the appointed day, or with respect to works on land begun by the Post Office before the expiration of six months beginning with that day; nor shall any proceedings for the recovery of a fine or other penalty be brought against the Post Office for having carried out or retained any such works as aforesaid which do not comply with a building law.

(2) In the foregoing sub-paragraph, “building law” means any obligation or restriction as to the construction, nature or situation of works on land or as to any other circumstances of such works (including the use of the land) having effect by virtue of—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an enactment contained in Part II or IV of the Public Health Act 1936 or Part II of the Public Health Act 1961 or byelaws or regulations made under an enactment so contained;

(d) the Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder;

(e) section 72, 73, 74, 75, 81 or 159 of the Highways Act 1959;

(f) paragraph 13, 15 or 18 of Part III of Schedule 9 to the London Government Act 1963 or byelaws made under paragraph 6 of that Part of that Schedule; or

(g) any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws made under any enactment contained in a local Act so made;

and “works” includes any building, structure, excavation or other work on land.

(3) Any reference in this paragraph to non-compliance with a building law means, in relation to any works on land, that the construction, nature or situation of the works or any other circumstances thereof (including the use of the land) are such either that the works do not comply with the building law in question or that, by virtue of that law, the rejection of plans for the works is expressly required or authorised.

(4) Any reference in this paragraph to the enforcement of a building law shall be construed as a reference to securing (whether by the doing of work on land or the requiring, by injunction or otherwise, that some other person shall do work on land) that works on land not complying with the building law in question shall either be demolished or removed or be altered so as to comply therewith.

(5) In the application of this paragraph to Scotland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):—

(a) an enactment contained in the Burgh Police (Scotland) Acts 1892 to 1903 ... or byelaws made under any such enactment; (b) the Roads Improvement Act 1925; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) section 53 of the Water (Scotland) Act 1946; (e) the Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder; (f) the Building (Scotland) Act 1959 or regulations made thereunder; (g) the Sewerage (Scotland) Act 1968; (h) any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws made under any enactment contained in a local Act so made; or (i) any enactment or rule of the common law conferring powers on a dean of guild court

(6) In the application of this paragraph to Northern Ireland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):—

(a) section 9 of the Summary Jurisdiction (Ireland) Act 1851; (b) an enactment contained in the Public Health Acts (Northern Ireland) 1878 to 1967 or byelaws made under an enactment so contained; (c) an enactment contained in the Housing Acts (Northern Ireland) 1890 to 1967; (d) the Roads Improvement Act (Northern Ireland) 1928; or (e) any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws or orders made under any enactment contained in a local Act so made

18

19

(1) Any regulations under section 53 of the Electoral Law Act (Northern Ireland) 1962 which are effective at the appointed day shall, as from that day, have effect as if, for references therein to the Post Office or the Postmaster General, there were substituted references to the authority established by section 6 of this Act.

(2) Any security given under any such regulations as aforesaid which is effective at the appointed day shall, as from that day, have effect as if given to the said authority.

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

22

23

In relation to an agreement which, on the appointed day, becomes subject to registration under Part I of the Restrictive Trade Practices Act 1956 by reason of its having effect as from that day as if the Post Office had been a party thereto, section 10 of that Act (particulars to be furnished for registration) and section 7 of the Restrictive Trade Practices Act 1968 (consequences of failure to register) shall have effect with the substitution, for references to the time within which particulars are required to be furnished under section 6 of the last-mentioned Act (time for registration of agreements), of references to the period of three months beginning with that day and the said section 6 shall not apply.

24

An order under paragraph 8 of Schedule 1 to the Solicitors Act 1957 which is effective at the appointed day shall, as from that day, have effect as if, for any reference therein to the Postmaster General, there were substituted a reference to the Post Office.

25

A notice given under section 5(4) of the Milford Haven Conservancy Act 1958 by the Milford Haven Conservancy Board to the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given to the Post Office.

26

A notice given under section 3 of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 by the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given by the Post Office; and any proceedings for the settlement of a dispute under that section in progress immediately before the appointed day, being proceedings to which the Postmaster General is a party, may be continued with the substitution of the Post Office for the Postmaster General.

27

(1) Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time.

(2) Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a) except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions and to the relevant condition as to time;

(b) in a case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General, be deemed to be granted by that authority on the appointed day subject to those conditions as so modified and to the relevant condition as to time;

(c) in a case in which those conditions are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the relevant condition as to time.

(3) Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a) except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions;

(b) in the case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General (otherwise than by withdrawing the stipulation as to time), be deemed to be granted by that authority on the appointed day subject to those conditions as so modified;

(c) in a case in which those conditions (except so far as containing the stipulation as to time) are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the condition containing that stipulation.

(4) Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and—

(a) the relevant period expires with the day immediately preceding the appointed day or with an earlier day; and

(b) that authority does not, before the expiration of that period, notify the Postmaster General in writing as mentioned in sub-paragraph (1), (2) or (3) above or that it objects to the proposal;

planning permission for the development shall be deemed to be granted by the authority on the appointed day subject to the relevant condition as to time.

(5) The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day.

(6) Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day.

(7) Part XII of the Town and Country Planning Act 1990 shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under section 69 of the Town and Country Planning Act 1990 that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,—

(a) the date on which the permission is deemed to be granted;

(b) a general description of the development to which the permission relates and of the land to be developed in accordance with the permission;

(c) in a case in which the authority approves, in relation to the development to which the permission relates, anything which, by virtue of sub-paragraph (6) above, falls to be approved by it, the date on which it does so;

(d) in a case in which, in consequence of the operation of that sub-paragraph, an appeal as to any matter relating to the development to which the permission relates is entertained by the Secretary of State or an application is referred to him, the date on which the appeal or reference is disposed of, and the decision on the appeal or reference.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) In this paragraph,—

(a) “development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have for the purposes of the Town and Country Planning Act 1990 and, in the application of this paragraph to Scotland, the same meanings as in the Town and Country Planning (Scotland) Act 1997.

(b) “the relevant condition as to time”—

(i) except in a case in which planning permission is, by virtue of sub-paragraph (6) above, deemed to be granted subject to a condition that application for the approval of matters must be made not later than the expiration of three years beginning with the appointed day, means a condition that the development to which the permission relates must be begun not later than the expiration of five years beginning with that day;

(ii) in the said excepted case, means a condition that the development must be begun not later than whichever is the later of the following dates, namely, the expiration of five years from the appointed day and the expiration of two years from the final approval of matters which are the subject of the condition subject to which planning permission is, by virtue of that sub-paragraph, deemed to be granted (or, in the case of approval on different dates, the final approval of the last such matter to be approved);

(c) “relevant period”, in relation to a notification to a local planning authority of a proposal to carry out development, means the period of two months from the day on which the notification is received by the authority or such longer period as may, before the expiration of the first-mentioned period, be agreed in writing between the authority and the Postmaster General.

(13) For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out.

(14) Sections 91 and 92 of the Town and Country Planning Act 1990 and sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997 (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15) Subsections (2) and (4) of section 93 of the Town and Country Planning Act 1990 (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of sections 91 and 92 of that Act of 1990, of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

(16) For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.

(17) This paragraph does not extend to Northern Ireland.

28

(1) Notwithstanding section 245 of the Town and Country Planning (Scotland) Act 1997 or section 296 of the Town and Country Planning Act 1990 (exercise of powers in relation to Crown land), planning permission for the development by the Post Office of land which is Crown land within the meaning of that section by reason only of the subsistence therein of an interest of the Postmaster General may be granted under either Act in pursuance of an application therefor made by the Post Office before the appointed day, and section 35 of the Act of 1997 and sections 66 and 67 of the said Act of 1990 (certificates required to accompany application) shall not apply to an application that may be granted by virtue of this sub-paragraph or to an appeal from a decision to refuse to grant planning permission in pursuance of such an application or to grant it subject to conditions.

(2) Any approval required under a development order (within the meaning of the said Act of 1997 or of the said Act of 1990) in relation to development of such land as is mentioned in the foregoing sub-paragraph, being development proposed to be carried out by the Post Office, may be granted in pursuance of an application therefor made by the Post Office before the appointed day.

29

No enforcement notice shall be served by virtue of paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions)(Scotland) Act 1997) or under paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990) in respect of works carried out on land that vests in the Post Office by virtue of section 16 of this Act or in respect of use of land that so vests; and no enforcement notice shall be served under section 172 of the Town and Country Planning Act 1990 or section 127 of the Town and Country Planning (Scotland) Act 1997 in respect of development carried out before the appointed day on land that so vests.

30

Neither an interim development authority, nor, where the Department of Development for Northern Ireland is exercising any of the functions of such an authority, that Department, shall take any action under section 4 of the Planning (Interim Development) Act (Northern Ireland) 1944 (enforcement of interim development control) in respect of any development carried out before the appointed day in or on land that vests in the Post Office by virtue of section 16 of this Act.

31

32

(1) A licensing authority to whom an application is made before the appointed day by the Post Office for an A licence or for a B licence shall not refuse the application if it is accompanied by a certificate of the Postmaster General certifying that the vehicles proposed to be used under the licence are in use by him.

(2) Section 168(2) of the Road Traffic Act 1960 (which authorises a licensing authority to attach conditions to a B licence) shall not apply to a B licence granted in pursuance of an application which, by virtue of the foregoing sub-paragraph, the authority is bound to grant, but it shall be a condition of the licence that no vehicle which is for the time being an authorised vehicle shall be used for the carriage for hire or reward of goods other than—

(a) goods consigned for carriage by post; or

(b) goods that are the subject of an agreement between the Post Office and another person who carries on business as a carrier of goods whereunder the Post Office undertakes to carry on his behalf goods consigned to him for carriage;

and accordingly, in relation to a B licence so granted, section 166(3) of that Act (which specifies the purposes for which a B licence entitles the holder thereof to use the authorised vehicles) shall have effect with the substitution, for paragraph (b), of the following paragraph, namely.—

(b) for the carriage of goods for hire or reward

(3) This paragraph shall be construed as one with Part IV of the Road Traffic Act 1960.

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

37

(1) Notwithstanding paragraph 82 of Schedule 4 to this Act, the Ministry of Commerce for Northern Ireland may, if the Parliament of Northern Ireland makes provision for the defrayal out of moneys provided by that Parliament of any expenses which may be incurred by that Ministry under this paragraph, make to the Post Office in respect of an asset provided by the Postmaster General for the purposes of his business a grant of the like amount as it might have made to him under section 1, 2 or 5 of the Industrial Investment (General Assistance) Act (Northern Ireland) 1966 if this Act had not passed.

(2) For the purposes of the foregoing sub-paragraph, an asset shall not be deemed not to have been provided as therein mentioned by reason of the fact that it is delivered to the Post Office on or after the appointed day and is so delivered in fulfilment of a contract entered into before that day by the Postmaster General.

(3) Sections 10 and 11 of the Industrial Investment (General Assistance) Act (Northern Ireland) 1966 (conditions and fraudulent applications) shall have effect as if references therein to that Act included references to sub-paragraph (1) above.

38

Where an interest of the Postmaster General in land vests in the Post Office by virtue of section 16 of this Act and, at a time when the interest was vested in the Postmaster General, the land fell within any of such descriptions of land as, for the purposes of section 84 of the Land Commission Act 1967, were agreed between him and the Treasury as being at that time descriptions of land which, in relation to functions of his, corresponded as nearly as may be to the descriptions of land which were operational land in relation to statutory undertakers, then, for the purposes of section 58 of that Act, the land shall be treated as if, at that time, it had been operational land of the Post Office.

39

(1) Where—

(a) in relation to relevant land, an act or event falling within Case C occurs between the passing of this Act and the appointed day or has occurred before the passing of this Act and occurs or occurred in circumstances in which, but for the exemptions enjoyed by the Postmaster General as mentioned in section 2(1) of the Post Office Act 1961, a credit would be, or have been, taken to have arisen from the act or event by reason of the case falling within paragraph 2 of Schedule 11 to the Land Commission Act 1967 (carry forward of credit from previous chargeable act or event); or

(b) in relation to land in the case in which an interest therein vests in the Post Office by virtue of section 16 of this Act, an act or event falling within Case E occurs between the passing of this Act and the appointed day or has occurred before the passing of this Act, and occurs or occurred in circumstances in which, but for the exemptions aforesaid, a credit would be, or have been, taken to have arisen from the act or event by reason of the case falling within paragraph 3 of the said Schedule 11;

and a sum is certified by the Treasury to be the sum agreed between them and the Postmaster General or between them and the Post Office as the amount which is to be treated as subsisting or having subsisted on the appointed day in respect of the act or event by way of credit under the said Schedule 11, then paragraph 6 and Parts II and III of the said Schedule 11 shall have effect as if a credit of that amount were taken to have arisen from a previous chargeable act or event falling within such of the cases distinguished as Cases A to F in the Table in section 27(2) of the Land Commission Act 1967 as is certified by the Treasury as being the Case within which the act or event falls.

(2) For the purposes of the said Schedule 11 as it has effect in any case by virtue of the foregoing sub-paragraph the original chargeable interest and the original chargeable unit shall respectively be the interest in land, and the land, designated in that behalf by the Treasury, and the original chargeable owner shall be taken to be the Post Office.

(3) Sub-paragraph (1) above shall have effect in relation to an act or event falling within Case F as it does in relation to one falling within Case E, with the modifications that for the reference to paragraph 3 of Schedule 11 there shall be substituted a reference to any provision of regulations made under paragraph 15 of that Schedule providing for a credit's being taken to have arisen from an act or event falling within Case F, and for the reference to paragraph 6 and Parts II and III of the said Schedule 11, there shall be substituted a reference to that paragraph and those Parts as they have effect by virtue of the said paragraph 15.

(4) In sub-paragraph (1) above, " relevant land " means land in the case of which an interest therein vests in the Post Office by virtue of section 16 of this Act or land (other than as aforesaid) in which the Post Office acquires, after the appointed day, an interest, being an interest in the case of which the Postmaster General was immediately before the appointed day under an enforceable contract to purchase it or had before that day served (and had not before that day withdrawn) a notice to treat for the compulsory purchase thereof, or a tenancy which on that day the Postmaster General was under an enforceable contract to take and " Case C," " Case E" and " Case F " have the same meanings respectively as in Part III of the Land Commission Act 1967.

40

(1) Where work begun before the passing of this Act, or between the passing of this Act and the appointed day, constitutes development for which planning permission is, by virtue of paragraph 27 of this Schedule, deemed to be granted on that day, then, notwithstanding that the work was so begun it shall, for the purposes of paragraph 21(7) of Schedule 4 to the Land Commission Act 1967 and of paragraph 7(2) of Schedule 6 to that Act be treated as if planning permission for its carrying out had been granted before it was begun.

(2) Where work falling within the foregoing sub-paragraph constitutes the carrying out of a project of material development of relevant land, other than one which is relevant for the purposes of paragraph 21 of Schedule 4 to the Land Commission Act 1967, and is uncompleted at the date which, for the purposes of that paragraph, is the relevant date in relation to the carrying out of a project of material development of that land which is relevant for those purposes, then, notwithstanding anything in sub-paragraph (6) of that paragraph, in calculating the rent referred to in paragraph 16 of that Schedule, account shall be taken of the planning permission deemed to have been granted in respect of the development constituted by the work in so far as it authorises the carrying out of the first-mentioned project.

(3) Where work falling within sub-paragraph (1) above constitutes a project of material development of relevant land, then, notwithstanding anything in sub-paragraph (1) of paragraph 7 of Schedule 6 to the Land Commission Act 1967 (but subject to paragraph 8 of that Schedule where that paragraph applies), in calculating any such value as is referred to in paragraph 6 of that Schedule account shall, if the project was begun before, but remained uncompleted at, the relevant date, be taken of the planning permission deemed to have been granted in respect of the development constituted by the work in so far as it relates to the land comprised in that project; and for that purpose sub-paragraph (3) of paragraph 7 shall apply as it applies where account of planning permission is taken by virtue of sub-paragraph (2) thereof.

(4) In this paragraph, " project of material development" has the same meaning as it has for the purposes of Part III of the Land Commission Act 1967.

41

(1) If, in the case of a hereditament vested in the Post Office by virtue of section 16 of this Act, there is, in compliance with section 37(1) of the General Rate Act 1967, entered in the valuation list immediately before the appointed day, as representing the rateable value of the hereditament, the value upon which is computed any contribution made by the Crown in lieu of rates, then there shall be ascribed in that list to the hereditament under section 19 of that Act a net annual value equal to the value so entered.

(2) Where alterations fall to be made in a valuation list in consequence of the foregoing sub-paragraph, the valuation officer shall cause those alterations to be made therein without any proposal under section 69 of the General Rate Act 1967, and section 87 of that Act (duty of rating authority to give effect to directions as to alteration of a valuation list) shall have effect in relation to this paragraph as it does in relation to any provision of that Act.

(3) No proposal shall be made under section 69 of the General Rate Act 1967 for an alteration of the rateable value ascribed by virtue of this paragraph in a list to—

(a) a hereditament occupied by the Post Office by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building, being property used for the purposes of telecommunications services; or

(b) a hereditament occupied by the Post Office by the underground railway.

(4) Expressions used in this paragraph and in the General Rate Act 1967 have the same meaning in this paragraph as in that Act; and the expression " the underground railway " means the railway constructed, and the works executed, by the Postmaster General in exercise of the powers conferred by the Post Office (London) Railway Act 1913, and the railway constructed, and the works associated therewith executed, by him in exercise of the powers conferred by the Post Office (Site and Railway) Act 1954.

(5) This paragraph extends to England and Wales only.

42

(1) If, in the case of lands and heritages vested in the Post Office by virtue of section 16 of this Act, there is entered in the valuation roll immediately before the appointed day, as representing the rateable value of the lands and heritages, the value upon which is computed any contribution made'by the Crown in lieu of rates, then the rateable value of the lands and heritages on the appointed day shall be taken to be the value so entered in the valuation roll.

(2) The rateable values of lands and heritages described in section 53(1) of this Act shall remain unaltered until an apportionment as mentioned in section 53(2) of this Act is made, and the rate to be levied by a county council on the rateable value entered in the valuation roll in respect of such lands and heritages shall be the mean of the county rate and the highest aggregate rate levied in the separately rated areas of the landward area of the county.

(3) In this paragraph " county rate " has the same meaning as in section 224(1) of the Local Government (Scotland) Act 1947 and other expressions have the same meanings as in the Local Government (Scotland) Act 1966.

(4) This paragraph extends to Scotland only.

43

(1) If, in the case of a hereditament vested in the Post Office by virtue of section 16 of this Act, there is entered in the valuation lists immediately before the appointed day, as representing the net annual value of the hereditament, the amount upon which is computed any contribution made by the Crown in lieu of rates, then the net annual value of the hereditament on the appointed day shall be taken to be the amount so entered in the valuation lists.

(2) A hereditament vested in the Post Office by virtue of section 16 of this Act which, immediately before the appointed day, was, under section 2 of the Valuation (Ireland) Act 1854, distinguished as exempt from rates shall, as from that day, be deemed not to be so distinguished.

(3) The Commissioner of Valuation for Northern Ireland shall not, during the period beginning with the appointed day and ending with the 31st March next following, make any interim revision of the net annual value of any hereditament (other than any such hereditament as is mentioned in section 54(1) of this Act) vested in the Post Office by virtue of section 16 of this Act unless during that period the Post Office ceases to occupy the hereditament or there is a change in the use of the hereditament by the Post Office.

(4) In this paragraph " interim revision " means a revision under section 13 of the Local Government (Finance) Act (Northern Ireland) 1936 or section 4 of the Valuation Acts Amendment Act (Northern Ireland) 1953.

(5) This paragraph extends to Northern Ireland only.

44

(1) If an order made by virtue of section 67 of the Town and Country Planning Act 1962 or section 29 of the Town and Country Planning Act 1968 for the acquisition by the Postmaster General of any land or rights is effective at the appointed day, proceedings for the acquisition may be continued by the Post Office as if section 55 of this Act had been in force when the order became operative, the order were one made by virtue of that section and confirmed by the Minister, and anything done by or to the Postmaster General after the order became operative had been done by or to the Post Office.

(2) If, at the appointed day, the provisions compliance with which is, by virtue of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946, requisite in order for an order prepared in draft by a Minister to be made by him, are in course of being complied with with reference to an order prepared in draft by virtue of the said section 67 or the said section 29 for the acquisition by the Postmaster General of any land or rights, then, upon compliance with those provisions being completed, the order may (with any adaptations rendered requisite in consequence of the provisions of this paragraph) be made by the Minister and shall take effect as if it were an order made by the Post Office by virtue of section 55 of this Act and confirmed by him, being an order that authorised the acquisition by the Post Office of that land or, as the case may be, those rights.

(3) In the application of this paragraph to Scotland, for references to the Acquisition of Land (Authorisation Procedure) Act 1946 there shall be substituted references to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and for references to section 67 of the Town and Country Planning Act 1962 and to section 29 of the Town and Country Planning Act 1968 there shall be substituted respectively references to section 34 of the Town and Country Planning (Scotland) Act 1947 and to section 30 of the Town and Country Planning (Scotland) Act 1969.

45

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