British Telecommunications Act 1981

• (2) It shall be the duty of the transferor and the transferee if they effect any transaction in pursuance of paragraph 2(1) or a direction under paragraph 2(3) to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the transferor and as to part by or against the transferee, and if such a person applies to the Secretary of State and satisfies him that the transaction operated unfairly against him the Secretary of State may give such directions to the transferor and the transferee as appear to him appropriate for varying the transaction.

• (3) If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule the rights or liabilities of any person other than the transferor and the transferee which were enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee, and the value of any property or interest of that person is thereby diminished, such compensation as may be just shall be paid to that person by the transferor, the transferee or both, and any dispute as to whether and if so how much compensation is so payable, or as to the person to whom it shall be paid, shall be referred to and determined by an arbitrator appointed by the Lord Chancellor or, where the proceedings are to be held in Scotland, by an arbiter appointed by the Lord President of the Court of Session.

• (4) Where in the case of a transfer to which this Schedule applies the transferor or the transferee purports by any conveyance or transfer to transfer to some person other than the transferor or the transferee for consideration any land or any other property transferred which before the transfer date belonged to the transferor or which is an interest in property which before that date belonged to the transferor, the conveyance or transfer shall be as effective as if both the transferor and the transferee had been parties thereto and had thereby conveyed or transferred all their interest in the property conveyed or transferred.

• (5) If in the case of any transfer to which this Schedule applies it appears to the court, at any stage in any court proceedings to which the transferor or the transferee and a person other than the transferor or the transferee are parties, that the issues in the proceedings depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor and the transferee have not yet effected, or to raise a question of construction on the relevant provisions of this Act which would not arise if the transferor and the transferee constituted a single person, the court may, if it thinks fit on the application of a party to the proceedings other than the transferor and the transferee, hear and determine the proceedings on the footing that such one of the transferor and the transferee as is a party to the proceedings represents and is answerable for the other of them, and that the transferor and the transferee constitute a single person, and any judgement or order given by the court shall bind both the transferor and the transferee accordingly.

• (6) In the case of any transfer to which this Schedule applies it shall be the duty of the transferor and the transferee to keep one another informed of any case where either of them may be prejudiced by sub-paragraph (4) or (5), and if either the transferor or the transferee claims that it has been so prejudiced and that the other of them ought to indemnify or make a repayment to it on that account and has unreasonably failed to meet that claim, it may refer the matter to the Secretary of State for determination by him.

SCHEDULE 3

Part I — General

1

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Part II — Public General Enactments

Enactments relating to telegraphs

2

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3

As from the appointed day, references in section 11 of the Post Office (Protection) Act 1884 (forgery and improper disclosure of telegrams) to a telegraph company within the meaning of that section shall be construed as including references to the Post Office.

4

As from the appointed day, section 5(1) of the Telegraph Act 1892 (application of Acts to licensee of Post Office) shall have effect as if for the words from the beginning to "conferred on the Post Office" there were substituted the words " British Telecommunications may authorise the holder of a licence granted, or having effect as if it had been granted, under section 15(1) of the British Telecommunications Act 1981 (in this section referred to as 'a licensee ') during the time and within the area specified in the authority to exercise all or any of the powers which are conferred on British Telecommunications ".

5

The reference to the Post Office in section 2(1) of the Telegraph Act 1899 (payment of expenses of exercise of powers under telephone licence) shall, as from the appointed day, be construed as referring to the Corporation.

6

• (1) Any such notice or counter-notice as follows, namely—

• (a) a notice authorised to be given to the Corporation by any of the following provisions of the Telegraph Act 1863, namely, sections 14 (removal of abandoned works), 15 (removal of works in connection with alterations to streets), 21(3) (alteration of positions of telegraphs in connection with alterations to buildings), 22(3) (removal of telegraphs near dwelling-houses) and 30(1) (removal of work in order to enable building, etc, to take place);

• (b) a notice authorised by section 24 of that Act to be given to the Corporation objecting to intended works;

• (c) a notice required by section 7(1) of the Telegraph Act 1878 to be given to the Corporation of the time and place at which work will be begun by undertakers or others;

• (d) a notice given for the purposes of section 8 of the last-mentioned Act of the intended exercise of a right (not being a notice given in pursuance of some other Act or of an agreement);

• (e) a counter-notice authorised by section 5(2) of the Telegraph (Construction) Act 1908 to be given to the Corporation objecting to the lopping of a tree ; and

• (f) a notice given for the purposes of section 1(2)(d) of the Telegraph (Construction) Act 1911 to the Corporation requiring it to remove or alter a telegraphic line constructed or maintained under the authority of that Act,

may be given by addressing it to the Corporation (by its name) and by sending it by post to, or leaving it at, the appropriate area office.

• (2) In this paragraph " appropriate area office " means—

• (a) in the case of such a notice as is mentioned in head (a) of sub-paragraph (1), the principal local telecommunications office of the Corporation for the area in which the works or work to which the notice relates are or is situate ;

• (b) in the case of such a notice as is mentioned in head (b) of that sub-paragraph, the principal local telecommunications office of the Corporation for the area in which the works to which the notice relates are intended to be executed;

• (c) in the case of such a notice as is mentioned in head (c) of that sub-paragraph, the principal local telecommunications office of the Corporation for the area in which the work to which the notice relates is to be done ;

• (d) in the case of such a notice as is mentioned in head (d) of that sub-paragraph, the principal local telecommunications office of the Corporation for the area in which the right to which the notice relates is intended to be exercised ;

• (e) in the case of such a counter-notice as is mentioned in head (e) of that sub-paragraph, the principal local telecommunications office of the Corporation for the area in which the tree to which the notice relates is growing; and

• (f) in the case of such a notice as is mentioned in head (f) of that sub-paragraph, the principal local telecommunications office of the Corporation for the area in which the line to which the notice relates (or any length thereof) is situate.

Enactments relating to the supply of electricity

7

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8

As from the appointed day, section 26 of the Electric Lighting Act 1882 and the enactments incorporated by that section shall, in their application to an Electricity Board, have effect as if references therein which are to be construed as referring to the Corporation included references to a government department.

9

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Enactments relating to statutory undertakers

10

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The Post Office shall cease to be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely—

• (a) section 20 of the National Parks and Access to the Countryside Act 1949;

• (b) paragraph 6 of Schedule 2 to the Countryside Act 1968;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• (4) Section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 shall have effect as if in the definition of “statutory undertakers” for the words from “the Post Office” to “sewerage)” there were substituted the words “ any public authority exercisign functions by virtue of any provisions of sections 14 and 15 of the Water Act 1973 (which relates to sewerage), British Telecommunications and, except in sections 1(4)(a), 3(2)(d) and 4(1) of this Act, the Post Office ”.

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

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

11

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12

• (1) In the following enactments, namely—

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

• (b) the New Towns Act 1965 ;

• (c) the New Towns (Scotland) Act 1968 ;

• (d) sections 149(3), 165(3) and 225 to 241 of, and Schedule 10 to, the Town and Country Planning Act 1971 ; and

• (e) sections 138(3), 154(3) and 214 to 230 of, and Schedule 8 to, the Town and Country Planning (Scotland) Act 1972,

• " operational land " shall, in relation to the Corporation, mean land of the Corporation of any such class as may be specified in regulations made jointly by the Secretary of State and the planning Minister by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament); and— 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 whatever ; and if any question arises whether land of the Corporation falls within a class specified in regulations so made, it shall be determined by the Secretary of State.

• (2) In this paragraph " the planning Minister " means the Secretary of State for the Environment in relation to England and Wales and the Secretary of State for Scotland in relation to Scotland.

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

Other enactments

13

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14

As from the appointed day, the reference to the Post Office in section 2(2) of Lloyd's Signal Stations Act 1888 (power of the society incorporated under the name of " Lloyd's " to enter into arrangements with the Post Office for the purpose of securing telegraphic communication between Lloyd's signal stations themselves or between those stations and the Post Office's telegraph stations) and the second reference to it in section 6 of that Act (saving for its property) shall be construed as referring to the Corporation.

15

As from the appointed day, the reference to the Post Office in section 132 of the Burgh Police (Scotland) Act 1892 (erection of telegraph poles etc. in streets) shall be construed as referring to the Corporation.

16

As from the appointed day, the reference to the Post Office in section 4(1)(f) of the Congested Districts (Scotland) Act 1897 shall, so far as relating to the provision of guarantees for telegraph extensions, be construed as referring to the Corporation.

17

• (1) For the purposes of section 2 of the Official Secrets Act 1911 membership of, or any office or employment under, the Corporation shall be deemed to be an office under Her Majesty, and a contract with the Corporation shall be deemed to be a contract with Her Majesty ; and, as from the appointed day, any telegraph, telephone, wireless or signal station or office belonging to, or occupied by, the Corporation shall be a prohibited place for the purposes of that Act.

• (2) Section 5 of the Official Secrets Act 1920 shall not apply to the Corporation; and, as from the appointed day, the reference in subsection (6) of that section to the Post Office shall be construed as including a reference to the Corporation.

18

As from the appointed day, references in section 24 of the Bankruptcy Act 1914 (re-direction of debtor's letters, telegrams etc.) to the Post Office shall be construed as including references to the Corporation.

19

As from the appointed day, the reference to the Post Office in section 194(4) of the Law of Property Act 1925 (which contains a saving for its telegraphic lines) shall be construed as referring to the Corporation.

20

As from the appointed day, the reference to the Post Office in section 5(9) of the Roads Improvement Act 1925 (prescription of building lines) shall be construed as referring to the Corporation.

21

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 Post Office shall be construed as referring to works or apparatus belonging to the Corporation.

22

As from the appointed day, the reference to the Post Office in section 23(2) of the Restriction of Ribbon Development Act 1935 (saving for the Post Office) shall be construed as referring to the Corporation.

23

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24

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

25

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26

As from the appointed day, the reference to the Post Office in paragraph 6(1) of the Schedule to the Requisitioned Land and War Works Act 1948 (which paragraph contains a saving for its telegraphic lines) shall be construed as referring to the Corporation.

27

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28

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29

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30

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31

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32

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33

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34

As from the appointed day, references in subsections (1) and (4) of section 5 of the Milford Haven Conservancy Act 1958 (powers with respect to dredging, etc.) to a submarine cable placed or maintained by the Post Office shall be construed as including references to such a cable placed or maintained by the Corporation, and the second reference in the said subsection (4) to the Post Office shall be construed as referring to the Corporation.

35

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36

As from the appointed day, section 3 of the Local Government Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (access to telegraphic lines etc.)shall have effect as if for the words "Post Office there were substituted the words "British Telecommunications

37

• (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 Post Office shall be construed as referring to the Corporation.

• (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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

38

As from the appointed day, references to the Post Office in paragraph 2 of Schedule 1 and paragraph 3(1)(e) of Schedule 2 to the Flood Prevention (Scotland) Act 1961 (saving for telegraphic lines) shall be construed as referring to the Corporation.

39

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40

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41

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• (4) Section 52(4) of the 1969 Act (rating in England and Wales) shall have effect as if for the words from “rateable value” to the end of the subsection there were substituted the words “ value which, by virtue of an order under this section or section 19 of the Local Government Act 1974, is shown in a list as the rateable value of any hereditament occupied by the Post Office by any such property as is mentioned in paragraph 5 of Schedule 3 to that Act ”.

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Section 87(1) of the 1969 Act (power of Her Majesty in Council to make necessary provision if the Post Office surrenders privilages as regards the Isle of Man or the Channel Islands) shall have effect as if for the words “section 3 of the Post Office Act 1953” there were substituted the words “ section 66(1) of the British Telecommunications Act 1981 ” and for the words “the said section 3” in both places where they occur, there were substituted the words “ the said section 66(1) ”.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) Schedule 1 to the 1969 Act shall have effect as if paragraphs 2(2) and 4(2) (laying before Parliament of statements concerning the terms of appointment of members of the Post Office) and paragraph 11(2), (3) and (5) (provision of infirmation to the Secretary of State concerning the establishment of machinery for negotiation etc. and of information to participants in connection with its operation) were omitted.

• (11) Paragraph 93(1) of Schedule 4 to the 1969 Act (Post Office as statutory undertakers for the purposes of certain enactments) shall have effect as if for head (viii) there were substituted the following head—

(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

.

52

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53

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54

• (1) The Town and Country Planning (Scotland) Act 1972 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

• (2) Section 209(1) (which makes provision as to telegraphic lines of the Post Office) 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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

• (3) Section 209(2) shall, in relation to an order coming into force after the appointed day, have effect as if for the reference to the Post Office there were substituted a reference to the Corporation.

• (4) Section 209(3) shall have effect as if the first reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office ", in all places (except the first and third) where they occur, there were substituted the words " British Telecommunications " and as if—

• (a) in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, after the words " the Post Office " (where secondly occurring in that paragraph) there were inserted the words " or British Telecommunications " and for the word " it" in paragraph (c) there were substituted the words " the Post Office or British Telecommunications ";

• (b) in relation to any such period so mentioned as begins to run on or after the appointed day, for the words " the Post Office " (where secondly occurring in paragraph (a)) there were substituted the words " British Telecommunications ".

• (5) Section 209(3) shall also have effect as if—

• (a) after the word "section" where it first occurs there were inserted the words " 199 of this Act authorising the stopping up or diversion of any footpath or bridleway is made by a planning authority or an order under section ";

• (b) in paragraph (a) after the words " which the " there were inserted the words " footpath or bridleway is stopped up or diverted or as the case may be the " and for the words " local authority" there were substituted the words " authority which made the order ";

• (c) in paragraph (b), for the words from " to the " to " months " there were substituted the words " not later than the end of the said period of three months to the authority which made the order "; and

• (d) in each of paragraphs (d) and (e), for the words "local authority" there were substituted the words " authority which made the order ".

• (6) Section 209(4) shall have effect as if for the reference to the Post Office there were substituted a reference to the Corporation and for the words from " under " to " local authority " there were substituted the words " to which subsection (3) of this section applies, the authority which made the order ".

• (7) Section 212(1) (cases in which land is not to be treated as operational land) shall, in relation to the Corporation, have effect with the substitution for the reference to section 211 of a reference to paragraph 12(1).

• (8) Section 212 shall not apply to land in the case of which an interest therein, having vested in the Post Office by virtue of the 1969 Act, vests in the Corporation by virtue of this Act.

• (9) The reference to the Post Office in paragraph 70 of Schedule 22 shall be construed as referring to the Corporation.

55

• (1) The Planning (Northern Ireland) Order 1972 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

• (2) The reference to the Post Office in the definition of " statutory undertaker " in article 2(2) shall be construed as including a reference to the Corporation.

• (3) The reference to the Post Office in article 80(2) (service of certain notices and draft orders) shall be construed as referring to the Corporation.

• (4) Article 81(1) (which makes provision as to telegraphic lines of the Post Office) 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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, as if for each reference to the Post Office there were substituted a reference to the Corporation.

• (5) Article 81(3) shall have effect as if for the words "Post Office removes " there were substituted the words " Post Office has removed, or British Telecommunications removes as if for the word " serves " there were substituted the words " British Telecommunications serves " and as if for the words " the Post Office ", in the second and third places where they occur, there were substituted the words " British Telecommunications ".

• (6) The reference to the Post Office in paragraph 12(3) of Schedule 5 shall be construed as referring to the Corporation.

56

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57

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) As from the appointed day, Schedule 3 to the said Act of 1973 (reserved matters) shall have effect as if—

• (a) the words “ telecommunications and” were omitted from paragraph 13 of that Schedule ; and

• (b) after the said paragraph 13 there were inserted the following paragraph—

(13A) Telecommunications.

58

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

59

As from the appointed day, references to the Post Office in paragraph 3 of Schedule 9 to the Drainage (Northern Ireland) Order 1973 (saving for telegraphic lines of the Post Office) shall be construed as referring to the Corporation.

60

As from the appointed day, the reference to the Post Office in section 16(6) of the Consumer Credit Act 1974 (which exempts certain agreements from regulation by that Act) shall be construed as referring to the Corporation.

61

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

62

As from the appointed day, references to the Post Office in section 130(2) of the Social Security (Northern Ireland) Act 1975 (issue out of the Northern Ireland National Insurance Fund to the Post Office of sums which, but for certain arrangements, would have been paid out of that Fund by way of benefit) shall be construed as including references to the Corporation.

63

As from the date on which the Treasury first exercise the power conferred on them by section 79(1), Part III of Schedule 1 to the House of Commons Disqualification Act 1975 and Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (which specify certain offices all holders of which are disqualified under those Acts) shall each have effect as if at the end of the entry relating to directors of Cable and Wireless Limited there were inserted the words “ nominated by a Minister of the Crown or Government department ”.

64

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

65

As from the appointed day, references to the Post Office in section 20 of the Airports Authority Act 1975 (provisions as to telegraphic lines) shall be construed as referring to the Corporation.

66

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

67

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

68

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

69

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

70

As from the appointed day, article 50(1)(a)(iii) of, and paragraph 1 of Part III of Schedule 16 to, the Rates (Northern Ireland) Order 1977 (rating in Northern Ireland) shall have effect as if for the words "section 54 of the Post Office Act 1969" there were substituted the words " section 37 of the British Telecommunications Act 1981 ".

71

• (1) As from the appointed day, references to the Post Office in paragraphs 4, 5(3) and 36 of Schedule 4 to the Water (Scotland) Act 1980 (protection of telegraphic lines from interference) shall be construed as referring to the Corporation.

• (2) The reference in sub-paragraph (1) to the said Schedule 4 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.

72

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

73

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

74

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

75

• (1) As from the appointed day, references to the Post Office in paragraph 1 of Schedule 7 to the Roads (Northern Ireland) Order 1980 (saving for telegraphic lines of the Post Office) shall be construed as mcludmg references to the Corporation.

• (2) As from the appointed day, paragraph 2 of Schedule 7 to that Order 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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, as if for each reference to the Post Office there were substituted a reference to the Corporation.

76

• (1) Where the alteration of a telegraphic fine of the Corporation is reasonably necessary for the purposes of enabling the Northern Ireland Housing Executive to exercise any of the powers conferred on it by Chapter H, III or V of Part III of the Housing (Northern Ireland) Order 1981, 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 25 of the New Towns Act (Northern Ireland) 1965 or article 51 of the said Order of 1980 that comes into operation on or after the appointed day, a public right of way over land is extinguished and, at the beginning of 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 Corporation, the Corporation 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.

Part III — Local Enactments and Subordinate Legislation

77

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

78

• (1) Nothing in—

• (a) the London Building Acts 1930 to 1939 or byelaws there under ; 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 IX of the Highways Act 1980 (except sections 156, 157 and 159),

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

• (2) In this paragraph, " special enactment" has the same meaning as in the Highways Act 1980.

79

• (1) As from the appointed day, subsections (2) and (3) of section 59 of the Metropolitan Water Board (Various Powers) Act 1907 (which empower the Post Office to place telegraphic lines along, over or across the lands, works and undertaking of the Metropolitan Water Board) shall be construed so as to confer and impose on the Corporation the like rights and liabilities as are, immediately before that day, conferred and imposed on the Post Office and so as to render it subject to the like restrictions as those to which it is subject by virtue thereof immediately before that day ; and anything done by or to the Post Office under those subsections before that day shall, as from that day, be treated as having been done by or to the Corporation.

• (2) As from the appointed day, the reference to the Post Office in subsection (4) of the said section 59 (saving for its rights in relation to the Lee Navigation) and the reference to it in the proviso to section 11 of the Metropolitan Water Board Act 1915 (which saves its rights under, amongst other enactments, the said Act of 1907) shall be construed as referring to the Corporation.

80

Subsection (3) of section 77 of the Kingston upon Hull Corporation Act 1967 (which provides that byelaws made under that section with reference to the telephone system maintained by the Corporation of Kingston upon Hull shall continue in force only so long as there is in force a licence granted, or having effect as if granted, under section 27 of the 1969 Act by the Post Office to the said Corporation permitting that Corporation to provide telephonic services) shall, as from the appointed day, have effect as if, for the reference to such a licence, there were substituted a reference to a licence so permitting granted, or having effect as if granted, under section 15 by the Corporation ; and the references in subsection (4) of the said section 77 to any such licence as is mentioned in subsection (3) shall, as from that day, be construed accordingly.

81

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

82

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

83

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 12(1).

84

As from the appointed day, article 7 of the Visiting Forces and International Headquarters (Application of Law) Order 1965 (which empowers the making, by agreement, of exceptions from, among other things, the exclusive privilage of the Post Office with respect to telecommunication) shall have effect as for the words “section 24(1) of the Post Office Act 1969, and the Prohibition imposed by section 89 of that Act” in paragraph (b) there were substituted the words “ section 12(1) of the British Telecommunications Act 1981, and the prohibition imposed by section 89 of the Post Office Act 1969 ”.

SCHEDULE 4

1

Except as otherwise provided by any provision of this Act (whether expressly or by necessary implication), any statutory provision, any agreement and any provision in a document other than an agreement (not being a provision or agreement to which paragraph 8 or 9 of Schedule 2 applies) shall, so far as may be necessary in consequence of the enactment of this Act, have effect as from the appointed day as if—

• (a) references to the Post Office (except in cases where they fall to be adapted by the following provisions of this paragraph) were (or, if the context so requires, included) references to the Corporation;

• (b) references in general terms (however worded) to persons employed by, persons engaged in the business of, or agents of, the Post Office were (or, if the context so requires, included) references to persons employed by, persons engaged in the business of, or agents of, the Corporation;

• (c) references (whether express or implied and, if express however worded) to a person employed by, or engaged in the business of, the Post Office and holding a specified office or serving in a specified capacity were (or, if the context so requires, included) references to a person employed by, or engaged in the business of, the Corporation who corresponds, as nearly as may be, to the first-mentioned person;

• (d) references (whether express or implied and, if express, however worded) to property of the Post Office were (or, if the context so requires, included) references to property of the Corporation and references (whether express or implied and, if express, however worded) to land or premises occupied by the Post Office were (or if the context so requires, included) references to land or premises occupied by the Corporation.

2

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

3

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

4

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

5

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6

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7

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8

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9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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

19

An order under section 24 of the Bankruptcy Act 1914 which is effective at the appointed day shall, as from that day, have effect as if any reference therein to the Post Office included a reference to the Corporation.

20

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

21

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

22

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SCHEDULE 5

Part I — Interpretation

1

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

Part II — Patents for Inventions

2

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

3

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

4

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

5

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6

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7

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8

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9

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10

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11

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12

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

Part III — Registered Designs

13

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

14

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

15

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16

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17

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18

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19

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20

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21

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22

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SCHEDULE 6

Part I — Enactments Repealed on the Passing of this Act

Part II — Enactments Repealed on the Appointed Day

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

Interpretation and extent of Part II.

Consequential amendments.

Northern Ireland Legislation

Northern Ireland Legislation

Editorial notes

[^c8104091]: Act excluded by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 12(4)

[^c8104101]: Act partly in force at Royal Assent; Act wholly in force on 1.10.1981 (day appointed under s. 1(2) (now repealed)) by S.I. 1981/1274.

[^c22797461]: S. 1(1)(3)-(6) repealed (6.9.1994) by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109(6), 110(4), Sch. 7 Pt. III; S.I. 1994/2162

[^c8104121]: S. 1(2) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104211]: S. 2 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104221]: S. 3 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[^c8104231]: Ss. 4, 5, 6(1) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104241]: Ss. 4, 5, 6(1) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104251]: S. 6(2) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[^c8104261]: S. 6(3) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104271]: S. 6(4)(5) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[^c8104281]: S. 6(6)–(11) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104291]: S. 6(12) repealed (with saving) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 40(1), Sch. 7 Pt. II

[^c8104301]: Ss. 6(13), 7, 8. repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104311]: Ss. 6(13), 7, 8. repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104321]: S. 9 repealed and superseded by Telecommunications Act 1984 (c. 12, SIF 96), ss. 49(4), 54, 109, Sch. 7 Pt. I

[^c8104331]: S. 10 modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 41

[^c8104341]: Ss. 11–21 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[^c8104351]: Ss. 11–21 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[^c8104361]: S. 22 repealed (with saving) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 13, Sch. 7 Pt. I

[^c8104371]: S. 23 repealed (with saving) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 14, Sch. 7 Pt. I

[^c8104381]: Ss. 24–28(1) repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 7 Pt. II

[^c8104391]: Ss. 24–28(1) repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 7 Pt. II

[^c8104401]: S. 28(2)–(4) repealed (with saving) by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 5 para. 42, Sch. 7 Pt. II

[^c8104411]: Ss. 29, 30 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104421]: S. 31 repealed (with saving) by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 5 para. 40(2), Sch. 7 Pt. II

[^c8104431]: Ss. 32, 33(1)(2) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104441]: Ss. 32, 33(1)(2) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104451]: S. 33(3) repealed (with saving) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 43, Sch. 7 Pt. II

[^c8104461]: Ss. 33(4)(5), 34 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104471]: Ss. 33(4)(5), 34 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104481]: S. 35 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[^c8104491]: S. 36 repealed (S.) by Local Government Finance Act 1988 (c. 41, SIF 81:1), s. 149, Sch. 13 Pt. IV

[^c8104501]: 1975 c. 30.

[^c8104511]: Ss. 37–52 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[^c8104521]: S. 53 repealed (with saving) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 17, Sch. 7 Pt. I

[^c8104531]: S. 54 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104541]: S. 55 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[^c8104551]: S. 56 repealed (with saving) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 44, Sch. 7 Pt. II

[^c8104561]: S. 57 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c8104591]: S. 58(1)-(3) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8104621]: Ss. 58(4), 80 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[^c8104631]: S. 58(5) repealed (26.3.2001) by 2001/1149, arts. 1(2), 3(2), Sch. 2 (with art. 4(11))

[^c8104691]: S. 59 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8104701]: S. 60 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 60 applied (26.3.2001) by S.I. 2001/1148, art. 19 (with art. 34)

[^c8104711]: S. 61 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8104731]: S. 62 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(2), Sch. 2 (with art. 4(11))

[^c8104761]: S. 63 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8104771]: S. 64 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8104781]: S. 65 repealed (1.1.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(2), Sch. 2 Table

[^c8104851]: S. 66 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 66(2)-(4) applied (26.3.2001) by S.I. 2001/1148, art. 21 (with art. 34)

[^c8104931]: S. 67 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8104941]: S. 68 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 68(4)(7) applied (26.3.2001) by S.I.2001/1148, art. 22 (with art. 34)

[^c8104951]: S. 69 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8104971]: S. 70 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(2), Sch. 2 (with art. 4(11))

[^c8104981]: S. 71 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8104991]: S. 72 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8105021]: S. 73 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8105091]: S. 74 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8105131]: S. 75 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34) S. 75(2)-(8) applied (26.3.2001) by S.I. 2001/1148, art. 23(1) (with art. 34)

[^c8105171]: S. 76 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table

[^c8105201]: S. 77 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(2), 3(2), Sch. 2 (with art. 4(11))

[^c8105211]: 1938 c. 57.

[^c8105221]: 1946 c. 82.

[^c8105231]: Certain functions transferred by S.I. 1986/2237, arts. 2(1)(a), 3(3)

[^c8105241]: Words inserted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 1(1)

[^c8105261]: Words inserted by S.I. 1986/2237, art. 3(1), Sch. 2 para. 1(2)

[^c8105291]: Ss. 58(4), 80 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[^c8105301]: S. 81 modified (26.3.2001) by S.I. 2001/1148, art. 24 (with art. 34)

[^c8105311]: S. 81(1) modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 41

[^c8105321]: 1891 c. 39.

[^c8105331]: S. 81(2)(3) repealed by Finance Act 1988 (c. 39, SIF 114), s. 148, Sch. 14 Pt. XI

[^c8105401]: Words in s. 82(1) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the amending Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290(1), Sch. 10 para.5 (with ss. 60, 101(1), 201(3)).

[^c8105421]: 1970 c. 10.

[^c8105431]: S. 82(4) amended (temp. during the transitional period referred to in s. 69(1) of the Telecommunications Act 1984 (c. 12)) by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 39(9)

[^c8105441]: 1970 c. 24.

[^c8105451]: 1976 c. 24.

[^c8105461]: 1972 c. 41.

[^c8105471]: S. 84 modified by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 34(1)(2)

[^c8105601]: 1953 c. 36.

[^c8105611]: 1969 c. 48.

[^c8105621]: Definition repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 78(2), Sch. 5 para. 45, Sch. 7 Pt. I

[^c8105631]: Definition of 'statutory maximum' in s. 85(1) repealed (5.11.1993) by 1993, c. 50, s. 1(1), Sch. 1, Pt.XIV

[^c8105641]: 1964 c. 40.

[^c8105651]: 1954 c. 33 (N.I.)

[^c8105661]: S. 85(2) substituted by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 25

[^c8105671]: 1972 c. 9 (N.I. 14)

[^c8105681]: S.I. 1972/1265 (N.I. 14)

[^c8105691]: 1950 c. 11 (N.I.)

[^c8105701]: 1939 c. 15 (N.I.)

[^c8105711]: 1945 c. 21 (N.I.)

[^c8105721]: S.I. 1952/193.

[^c8105731]: The “said Act of 1961” means Post Office Act 1961 (c. 15)

[^c8105741]: The text of s. 89(1),(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c8105751]: 1961 c. 15.

[^c8105761]: 1866 c. 39.

[^c8105771]: 1921 c. 52.

[^c8105781]: 1967 c. 62.

[^c8105791]: 1863 c. 112.

[^c22797471]: Sch. 1 para. 1 repealed (6.9.1994) by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109(6), 110(4), Sch. 7 Pt. III; S.I. 1994/2162

[^c22797481]: Sch. 1 para. 2 repealed (6.9.1994) by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109(6), 110(4), Sch. 7 Pt. III; S.I. 1994/2162

[^c22797491]: Sch. 1 para. 3 repealed (6.9.1994) by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109(6), 110(4), Sch. 7 Pt. III; S.I. 1994/2162

[^c22797501]: Sch. 1 para. 4 repealed (6.9.1994) by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109(6), 110(4), Sch. 7 Pt. III; S.I. 1994/2162

[^c8105841]: Sch. 1 para. 5 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. II

[^c22797511]: Sch. 1 para. 6 repealed (6.9.1994) by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109(6), 110(4), Sch. 7 Pt. III; S.I. 1994/2162

[^c22797521]: Sch. 1 para. 7 repealed (6.9.1994) by Telecommunications Act 1984 (c. 12, SIF 96), ss. 109(6), 110(4), Sch. 7 Pt. III; S.I. 1994/2162