Legalize / United Kingdom / Public General Act

Postal Services Act 2000

Type Public General Act

Publication 2000-07-28

Last updated 2024-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Power to ensure compliance with the Postal Services Directive

102

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Subsidy for public post offices

103

(1) The Secretary of State may by order make a scheme for the making of payments for the purpose of—

(a) assisting in the provision of public post offices or public post offices of a particular description, or

(b) assisting in the provision of services to be provided from public post offices or public post offices of a particular description.

(2) A scheme under this section which provides for the making of payments for a purpose falling within subsection (1)(b) shall ensure that no such payments may be made unless the person deciding whether to make the payments considers that the provision of the services concerned from public post offices or public post offices of a particular description would assist in the provision of public post offices or (as the case may be) public post offices of that description.

(3) Payments under a scheme under this section shall be made by the Secretary of State or by another person out of money provided by the Secretary of State.

(4) A scheme under this section shall specify—

(a) the descriptions of payments which may be made under the scheme,

(b) the descriptions of persons to whom such payments may be made,

(d) criteria to which that person is to have regard in deciding whether to make such payments, and

(e) the amounts of such payments or the basis on which such amounts are to be calculated.

(5) A scheme under this section may, in particular, provide for—

(a) payments under the scheme to be made subject to conditions specified in or determined under the scheme (including conditions as to repayment),

(b) the delegation of functions exercisable by virtue of the scheme (including the delegation of any discretion conferred by virtue of the scheme),

(c) the modification of the functions of a body established by an enactment, or the functions of the holder of an office created by an enactment, for the purpose of enabling the person concerned to exercise any functions conferred on that person by virtue of the scheme,

(d) the payment by the Secretary of State of fees to any person in respect of functions exercised by that person by virtue of the scheme.

(6) The power to make a scheme under this section shall not be exercised without the consent of the Treasury.

Inviolability of mails etc.

Inviolability of mails

104

(1) Subsection (2) applies to—

(a) a postal packet,

(b) anything contained in a postal packet, and

which is not the property of the Crown but which is in the course of transmission by post.

(2) Anything to which this subsection applies shall have the same immunity from—

(a) examination, or seizure or detention, under a relevant power conferred by virtue of this Act or any other enactment,

(b) seizure under distress or in execution,

(ba) in England and Wales, being taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007,

(d) retention by virtue of a lien,

as it would have if it were the property of the Crown.

(3) In subsection (2) “relevant power” means any power other than—

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

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

(ba) a power conferred by section 104A,

(c) a power conferred by an enactment relating to customs or excise in its application, by virtue of section 105 or any regulations made under that section, to goods contained in postal packets, ...

(d) a power conferred by section 106 or 107, ...

(e) a power conferred by paragraph 9 of Schedule 7 to the Terrorism Act 2000 (port and border controls).

, or

a power conferred by paragraph 9 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security).

(4) The Secretary of State may by order modify subsection (3).

Application of customs and excise enactments to certain postal packets

105

(1) Subject as follows, the enactments for the time being in force in relation to customs or excise apply in relation to—

(a) relevant goods brought into the United Kingdom from a place outside the United Kingdom by post as they apply in relation to goods otherwise imported into, or removed to, the United Kingdom;

(b) relevant goods sent from the United Kingdom to a place outside the United Kingdom by post as they apply in relation to goods otherwise exported or removed from the United Kingdom;

(c) relevant goods brought into Northern Ireland from Great Britain by post as they apply to goods otherwise removed to Northern Ireland from Great Britain.

(1A) For the purposes of subsection (1), goods are relevant if they are goods contained in postal packets to which this section applies.

(2) The Treasury, on the recommendation of the Commissioners of Customs and Excise and the Secretary of State, may make regulations for—

(a) specifying the postal packets to which this section applies,

(b) making modifications or exceptions in the application of the enactments mentioned in subsection (1) to such packets,

(c) enabling persons engaged in the business of a postal operator to perform for the purposes of those enactments and otherwise all or any of the duties of the importer, exporter or person removing the goods,

(d) carrying into effect any arrangement with the government or postal administration of any country or territory outside the United Kingdom with respect to foreign postal packets,

(e) securing the observance of the enactments mentioned in subsection (1),

(f) without prejudice to any liability of any person under those enactments, punishing any contravention of the regulations.

(3) Relevant duties or other charges payable in respect of postal packets to which this section applies (whether payable to a postal operator or to a foreign administration) may be recovered by the postal operator concerned and in England and Wales and Northern Ireland may be so recovered as a civil debt due to him.

(3A) The following are relevant duties—

(a) any duty (whether of customs or excise) charged on imported goods;

(b) customs duty charged under section 40A of the Taxation (Cross-border Trade) Act 2018 (customs duty on removal of goods to Northern Ireland from Great Britain);

(c) excise duty charged as a result of section 4 of the Taxation (Post-transition Period) Act 2020 (excise duty on the removal of goods to Northern Ireland from Great Britain).

(4) In any proceedings for the recovery of any charges payable as mentioned in subsection (3), a certificate of the postal operator concerned of the amount of the charges shall be evidence (and, in Scotland, sufficient evidence) of that fact.

(4A) A postal operator may detain a postal packet to which this section applies until any duties and charges in respect of the packet that are recoverable by virtue of subsection (3) have been paid.

(5) In this section “foreign postal packet” means any postal packet either posted in the United Kingdom and sent to a place outside the United Kingdom, or posted in a place outside the United Kingdom and sent to a place within the United Kingdom, or in transit through the United Kingdom to a place outside the United Kingdom.

(6) And in this section “ goods ” includes cash (within the meaning of section 289(6) and (7) of the Proceeds of Crime Act 2002).

Power to detain postal packets containing contraband

106

(1) A postal operator may—

(a) detain any postal packet if he suspects that it may contain relevant goods,

(b) forward any packet so detained to the Commissioners of Customs and Excise.

(2) In this section “relevant goods” means—

(a) any goods chargeable with any duty charged on imported goods (whether a customs or an excise duty) which has not been paid or secured, or

(b) any goods in the course of importation, exportation or removal into or out of the United Kingdom contrary to any prohibition or restriction for the time being in force by virtue of any enactment.

(3) Subsection (1) is without prejudice to section 105.

(4) The Commissioners may open and examine any postal packet forwarded to them under this section in the presence of a representative of the postal operator.

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

(6) If the Commissioners find any relevant goods on opening and examining a postal packet under this section, they may detain the packet and its contents for the purpose of taking proceedings in relation to them.

(7) If the Commissioners do not find any relevant goods on opening and examining a postal packet under this section, they shall—

(a) deliver the packet to the addressee upon his paying any postage and other sums chargeable on it, or

(b) ..., forward the packet to him by post.

Conditions of transit of postal packets

107

(1) If a postal operator knows or reasonably suspects that a postal packet is being sent by post in contravention of section 85, he may—

(a) refuse the transmission of the packet,

(b) detain the packet and open it,

(c) subject to any requirements as to additional postage or charges, return the packet to its sender or forward it to its destination,

(d) destroy or otherwise dispose of the packet.

(2) Subsection (1) is without prejudice to any other powers which the postal operator may have in relation to the packet (whether under the terms and conditions applicable to its transmission by post or otherwise).

(3) The detention or disposal by a postal operator of any postal packet on the grounds of a contravention of section 85 or of any terms and conditions applicable to its transmission by post shall not exempt the sender from any proceedings which might have been taken if the packet had been delivered in due course of post.

Evidential provisions

Evidence of amount of postage etc

108

(1) The mark of—

(a) a universal service provider in connection with the provision of a universal postal service, or

(b) a foreign postal administration,

of any sum on any postal packet as due in respect of that packet shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the liability of the packet to the sum so marked.

(2) Subsections (3) to (5) apply in relation to any legal proceedings for the recovery of postage or other sums due in respect of postal packets.

(3) In any such proceedings, the production of the packet concerned with a stamp or other endorsement on it of a universal service provider (and made in connection with the provision of a universal postal service) or of a foreign postal administration indicating that the packet—

(a) has been refused or rejected,

(b) is unclaimed, or

shall, unless the contrary is shown, be sufficient proof of the fact indicated.

(4) In any such proceedings, a certificate of a universal service provider that any mark, stamp or endorsement is such a mark, stamp or endorsement as is mentioned in subsection (1) or (3) shall, unless the contrary is shown, be sufficient proof of that fact.

(5) In any such proceedings, the person from whom the packet concerned purports to have come shall, unless the contrary is shown, be taken to be the sender of the packet.

Evidence of thing being a postal packet

109

(1) On the prosecution of an offence under this Act (whether summarily or on indictment), evidence that any article is in the course of transmission by post, or has been accepted by a postal operator for transmission by post, shall be sufficient evidence that the article is a postal packet.

(2) In any proceedings in England and Wales for an offence under section 83 or 84 of this Act, section 27(4) of the Theft Act 1968 shall apply as it applies to proceedings for the theft of anything in the course of transmission by post.

(3) In any proceedings in Northern Ireland for an offence under section 83 or 84 of this Act, section 26(5) of the Theft Act (Northern Ireland) 1969 shall apply as it applies to proceedings for the theft of anything in the course of transmission by post.

Certificates in relation to universal postal service letter boxes

110

A certificate given by or on behalf of a universal service provider to the effect that any box or receptacle is or was provided by the provider concerned for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission in connection with the provision of a universal postal service, shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the facts stated.

Postal and money orders

Exclusion of liability in relation to postal and money orders

111

(1) No proceedings shall lie or, in Scotland, be competent against a Post Office company for any loss or damage as a result of—

(a) a reasonable refusal by the company to pay a postal or money order which has been issued by it or a foreign postal administration, or

(b) a reasonable delay by the company in paying any such order.

(2) Where a postal or money order issued by a Post Office company is presented for payment in the United Kingdom by a banker to whom it has been delivered for collection, payment of the order to the banker discharges it.

(3) Where a relevant uncrossed order issued by a Post Office company is presented for payment in the United Kingdom otherwise than by a banker to whom it has been delivered for collection, payment of the order to the person by whom it is presented discharges it.

(4) A postal or money order issued by a Post Office company is discharged by the payment of the order outside the United Kingdom in accordance with arrangements made by the company in that regard.

(5) Where a postal or money order issued by a foreign postal administration is paid by a Post Office company to a banker to whom it has been delivered for collection on behalf of a person other than the true owner of the order, the company shall not be liable to the true owner of the order by reason of having paid it to the banker.

(6) Where a relevant uncrossed order issued by a foreign postal administration is presented to a Post Office company for payment otherwise than by a banker to whom it has been delivered for collection or the true owner of the order, payment of the order by the company to the person presenting it shall not make the company liable to the true owner of the order.

(7) Any person acting as a banker in the United Kingdom who, in collecting in that capacity for any principal, has received payment from a Post Office company in respect of any postal order, or any document purporting to be a postal order, shall not incur liability to anyone except the principal by reason of having received the payment or having held or presented the order or document for payment.

(8) Subsection (7) does not relieve any principal for whom any such order or document has been so held or presented of any liability in respect of his possession of the order or document or of the proceeds of the order or document.

(8A) In this section and sections 112 to 114 “Post Office company” has the meaning given by section 6 of the Postal Services Act 2011.

(9) In this section “relevant uncrossed order” means—

(a) an uncrossed postal or money order which—

(i) is expressed to be payable to a person specified or described in the order, and

(ii) is signed by or on behalf of that person or purports to be so signed, or

(b) an uncrossed postal order which is not expressed to be payable to a person specified or described in the order.

(10) In this section and section 113 “banker” includes a body which carries on the business of banking.

Schemes in relation to postal and money orders

112

(1) A Post Office company shall not issue postal or money orders otherwise than in accordance with a scheme under this section.

(2) A Post Office company may make a scheme under this section in relation to—

(a) the issue by it of postal or money orders,

(b) other services provided by it in connection with postal or money orders (whether orders issued by it or otherwise).

(3) A scheme under this section is a scheme for determining any or all of the following (so far as not otherwise agreed)—

(a) the charges which are to be imposed in respect of the services concerned,

(b) the other terms and conditions which are to be applicable to the services concerned, and

(4) A scheme under this section may, in particular—

(a) adopt such system for the determination of the charges and other terms and conditions as the Post Office company considers appropriate (including determining them itself subject to any conditions and limitations provided for in the scheme),

(b) provide for the non-payment by the Post Office company after the end of a specified period, except on satisfaction of specified conditions, of a postal or money order issued by that company or a foreign postal administration,

(5) No provision may be made in any scheme under this section—

(a) for limiting the liability of a Post Office company for loss or damage, or

(b) for amending the rules of law relating to evidence.

(6) A scheme under this section shall come into force on such day as is specified in the scheme; but no day earlier than the day after that on which the scheme has been published in the London, Edinburgh and Belfast Gazettes shall be so specified.

(7) A scheme under this section may—

(a) make different provision for different cases or classes of case determined by, or in accordance with, the provisions of the scheme,

(b) modify any previous scheme made under this section.

(8) Any charge payable by virtue of this section may be recovered by a Post Office company and in England and Wales and Northern Ireland may be so recovered as a civil debt due to it.

(9) The production of a copy of any of the Gazettes mentioned in subsection (6) which purports to contain a scheme under this section shall be conclusive evidence in all legal proceedings of that scheme.

(10) The Secretary of State may by order modify this section.

Recoupment of losses on wrongly paid money orders

113

(1) Subsection (2) applies where—

(a) a money order issued by a Post Office company or a foreign postal administration has been delivered for collection to a banker, and

(b) a Post Office company (“the company”) has paid the order to the banker when it should not have done so.

(2) The sum paid may be deducted from sums subsequently falling to be paid by the company company to the banker by way of payment of money orders so issued which have been delivered to the banker for collection.

Special arrangements with other countries or territories

114

(1) References in sections 111 (other than subsection (4)), 112 and 113 to money orders issued by a Post Office company shall be construed as including references to special money orders issued by that company.

(2) For the purposes of subsection (1) special money orders are orders for the payment of money in the United Kingdom which are issued by a Post Office company in pursuance of an arrangement made with a government or postal administration of any other country or territory for the transmission, by means of orders for the payment of money, of sums of money through post offices under the charge of the company and the postal administration of the other country or territory.

(3) The reference in section 112(2)(b) to money orders shall be construed as including a reference to orders for the payment of money issued in pursuance of an arrangement of the kind mentioned in subsection (2) above by the postal administration of the other country or territory.

Other

Extension of existing powers relating to the Post Office

115

(1) In section 7(2) of the Post Office Act 1969 (powers of the Post Office) after paragraph (r) there shall be inserted—

(s) to enter into any form of financial transaction which it considers to be expedient and which does not fall within any of the preceding paragraphs;

(2) After section 37(1) of that Act (loans by the Secretary of State to the Post Office) there shall be inserted—

(1A) The Secretary of State may, with the approval of the Treasury, make loans to any subsidiary of the Post Office.

(3) After section 37(2) of that Act there shall be inserted—

(2A) The power of the Secretary of State to make loans under this section includes power to make loans in currencies other than sterling.

(4) After section 37(3) of that Act (power to issue sums out of the National Loans Fund) there shall be inserted—

(3A) Such sums may be issued in sterling or, where the loan is to be in a currency other than sterling, in that currency or in sterling.

(5) In section 73 of the British Telecommunications Act 1981 (borrowing powers of the Post Office etc), in subsection (1)(a) and (2)(a), after “sterling” there shall, in each case, be inserted “ or a currency other than sterling ”.

(6) In section 74(2) of that Act (limit of indebtedness of the Post Office and its subsidiaries)—

(a) after sub-paragraph (i) there shall be inserted—

(ia) money borrowed by any other subsidiary of the Post Office under section 37(1A) of the 1969 Act;

(b) for “£1,200 million” there shall be substituted “ £5,000 million ”, and

(7) After section 74(4) of that Act there shall be inserted—

(4A) For the purposes of this section equivalents in sterling shall be calculated as the Secretary of State considers appropriate.

The Postcode Address File

116

(1) The owner for the time being of the Postcode Address File shall—

(a) maintain the File, and

(b) make the File available to any person who wishes to use it on such terms as are reasonable.

(2) Compliance with subsection (1) shall be enforceable by civil proceedings brought by OFCOM for an injunction or for interdict or for any other appropriate relief or remedy.

(2A) OFCOM may give a direction to the owner for the time being of the Postcode Address File requiring the owner—

(a) to issue, and comply with, a code of practice dealing with the making of revisions to the File, or

(b) to make such modifications of the code as are specified in the direction.

(2B) A direction under subsection (2A) is enforceable under Schedule 7 to the Postal Services Act 2011; but, where it is given to a person who is not providing a postal service, that Schedule has effect with the omission of paragraphs 7(2) and (3), 8(4) and 11.

(3) In this section—

“the Postcode Address File” means—the collection of relevant information which, immediately before the coming into force of this section, was owned by the Post Office, orthat collection as it is from time to time revised, and

“relevant information” means postcodes in the United Kingdom which may be used to facilitate the identification of delivery points for the purpose of providing postal services.

(4) The terms which may be imposed under subsection (1)(b) include terms as to the payment of such fee (if any) as the owner considers appropriate.

(5) OFCOM may give a direction to the owner of the Postcode Address File as to the terms that may be imposed under subsection (1)(b).

(6) If it does so, no term that contravenes the direction may be imposed under that provision.

Records of the former Postmaster General’s department

117

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Supplementary provisions relating to the Council

118

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General restrictions on disclosure of information

119

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General

Offences by bodies corporate

120

(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in such a capacity,

he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership commits the offence and shall be liable to be proceeded against and punished accordingly.

Service of documents

121

(1) Any document required or authorised by virtue of this Act to be served on any person may be served—

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address,

(b) if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body, or

(c) if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having the control or management of the partnership business.

(2) For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—

(a) in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body,

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.

(3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(4) Subsection (5) applies if a person to be served under this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.

(5) In relation to that document, that address shall be treated as his proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).

(6) This section does not apply to any document if rules of court make provision about its service.

(7) In this section references to serving include references to similar expressions (such as giving or sending).

Orders and regulations

122

(1) Any power of the Secretary of State to make an order, or of the Treasury to make regulations, under this Act shall be exercisable by statutory instrument.

(2) Any power of the Secretary of State to make an order, or of the Treasury to make regulations, under this Act—

(a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes,

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriate.

(3) The power of the Secretary of State under section ...102 or 129 (including that power as extended by this section) may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(4) The power of the Secretary of State under paragraph 6(1) of Schedule 8 (including that power as extended by this section) may be exercised by modifying any enactment.

(5) The power of the Secretary of State under section ...93, 104(4) or 112(10) as extended by this section may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(6) The power of the Secretary of State under section 103 as extended by this section may be exercised by modifying any enactment.

(7) The power of the Secretary of State under section 102, 103, 127(1) or 128 (including that power as extended by this section) may be exercised so as to make provision for the delegation of functions.

(8) The fact that a power is conferred by this Act does not prejudice the extent of any other power so conferred.

(9) Regulations under section 105 shall be subject to annulment in pursuance of a resolution of the House of Commons.

(10) An order under any of the following provisions shall, if made without a draft of it having been approved by a resolution of each House of Parliament, be subject to annulment in pursuance of a resolution of either House of Parliament: sections ...70, 74, 102, 104(4) and 128 and paragraph 1(5) of Schedule 3 (including that paragraph as applied by section 118(3))... and paragraph 6(1) of Schedule 8.

(11) An instrument containing an order under any of the provisions mentioned in subsection (10) which revokes, amends or re-enacts an order under any of the provisions mentioned in that subsection may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under that subsection from the procedure to which the instrument containing the original order was subject.

(12) No order shall be made under section ...93, 103, 112(10) or 127(1) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(13) In this section references to enactment include references to any instrument or other document.

Directions

123

(1) A person to whom a direction is given under this Act shall give effect to it.

(2) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.

(3) Any direction given under this Act shall be in writing.

(4) OFCOM may give a direction under this Act only if they are satisfied that the direction—

(a) is objectively justifiable,

(b) does not discriminate unduly against particular persons or a particular description of persons,

(d) is transparent in relation to what it is intended to achieve.

General financial provision

124

(1) There shall be paid out of money provided by Parliament—

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

(b) any expenditure incurred by the Treasury or the Secretary of State in consequence of this Act (apart from any expenditure to be met from the National Loans Fund), and

(2) There shall be paid out of, or into, the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.

(3) There shall be paid into the Consolidated Fund any sums received by the Treasury, the Secretary of State or the Commission in consequence of this Act (apart from any sums required to be paid into the National Loans Fund).

Interpretation

125

(1) In this Act, unless the context otherwise requires—

“body” includes an unincorporated association,

“Citizens Advice” means the National Association of Citizens Advice Bureaux,

“Citizens Advice Scotland” means the Scottish Association of Citizens Advice Bureaux,

“contravention”, in relation to any requirement, condition, direction, order or regulations, includes any failure to comply with it and cognate expressions shall be construed accordingly,

“correspondent”, in relation to a postal packet, means the sender or the person to whom it is addressed,

“employee”, in relation to a body corporate, includes any officer or director of the body corporate and any other person taking part in its management, and “employer” and other related expressions shall be construed accordingly,

“enactment” includes an Act of the Scottish Parliament, Northern Ireland legislation (within the meaning of the Northern Ireland Act 1998) and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made,

“financial year” means a year ending with 31st March,

“foreign postal administration” means a postal administration outside the United Kingdom,

“the GCCNI” means the General Consumer Council for Northern Ireland,

“hovercraft” has the same meaning as in the Hovercraft Act 1968,

“letter” means any communication in written form on any kind of physical medium to be conveyed and delivered otherwise than electronically to the person or address indicated by the sender on the item itself or on its wrapping (excluding any book, catalogue, newspaper or periodical); and includes a postal packet containing any such communication,

“mail-bag” includes any form of container or covering in which postal packets in the course of transmission by post are enclosed by a postal operator in the United Kingdom or a foreign postal administration for the purpose of conveyance by post, whether or not it contains any such packets,

“modify” includes amend or repeal,

“Northern Ireland junior Minister” means a member of the Northern Ireland Assembly appointed as a junior Minister under section 19 of the Northern Ireland Act 1998,

“Northern Ireland Minister” includes the First Minister and the deputy First Minister in Northern Ireland,

“notice” means notice in writing,

“OFCOM” means the Office of Communications,

“post office” includes any house, building, room, vehicle or place used for the provision of any postal services,

“post office letter box” includes any pillar box, wall box, or other box or receptacle provided by a postal operator for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission by post,

“postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 (see section 27(3) to (5) of that Act)),

“postal packet” means a letter, parcel, packet or other article transmissible by post,

“postal services” means the service of conveying postal packets from one place to another by post, the incidental services of receiving, collecting, sorting and delivering such packets and any other service which relates to any of those services and is provided in conjunction with any of them,

“public holiday” means Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom,

“public post office” means any post office from which any postal services are provided directly to the public (whether or not together with other services),

“registered post service” means a postal service which provides for the registration of postal packets in connection with their transmission by post and for the payment of compensation for any loss or damage,

“sender”, in relation to any letter or other communication, means the person whose communication it is,

“ship” includes any boat, vessel or hovercraft,

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under an Act of the Scottish Parliament and an instrument made under Northern Ireland legislation (within the meaning of section 98(1) of the Northern Ireland Act 1998),

references to the provision of a “universal postal service” are to be read in accordance with sections 30 to 33 and section 65(3) of the Postal Services Act 2011,

“universal postal service letter box” has the meaning given by section 86 of this Act,

“universal postal service post office” has the meaning given by that section,

“universal service provider” has the meaning given by section 65(1) of the Postal Services Act 2011,

“users”, in relation to postal services, includes users as addressees and potential users,

“vehicle” includes a railway vehicle, and

“working day” means—in relation to the collection and delivery of letters, any day which is not a Sunday or a public holiday,in relation to the collection and delivery of postal packets other than letters, any day which is not a Saturday, a Sunday or a public holiday.

(2) For the purposes of the definition of “letter” in subsection (1) the reference to a communication to be conveyed and delivered otherwise than electronically shall be construed as a reference to a communication to be conveyed and delivered otherwise than—

(a) by means of an electronic communications network, or

(b) by other means but while in electronic form.

(3) For the purposes of this Act—

(a) a postal packet shall be taken to be in course of transmission by post from the time of its being delivered to any post office or post office letter box to the time of its being delivered to the addressee,

(b) the delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post or to a person engaged in the business of a postal operator to be dealt with in the course of that business shall be a delivery to a post office, and

(i) at the premises to which it is addressed or redirected, unless they are a post office from which it is to be collected,

(ii) to any box or receptacle to which the occupier of those premises has agreed that postal packets addressed to persons at those premises may be delivered, or

(iii) to the addressee’s agent or to any other person considered to be authorised to receive the packet,

shall be a delivery to the addressee.

(4) Any reference in this Act to a subsidiary or wholly owned subsidiary shall be construed in accordance with section 1159 of the Companies Act 2006.

Index of defined expressions

126

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

General amendments and repeals

127

(1) The Secretary of State may by order make such supplementary, incidental or consequential provision as he considers necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

(2) The power conferred by subsection (1) (including that power as extended by section 122) may, in particular, be exercised by modifying any enactment, instrument or other document.

(3) No other provision of this Act restricts the power conferred by subsection (1).

(4) Schedule 8 (which contains amendments of enactments) shall have effect.

(5) Any amendment by that Schedule of an enactment comprised in subordinate legislation is without prejudice to any power to make further subordinate legislation modifying the amended enactment.

(6) Schedule 9 (which contains repeals and revocations of enactments including enactments which are already obsolete or unnecessary) shall have effect.

Modifications of local enactments etc

128

(1) The Secretary of State may by order make such supplementary, incidental or consequential provision in relation to local enactments as he considers necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

(2) The power conferred by subsection (1) (including that power as extended by section 122) may, in particular, be exercised by modifying any local enactment or any instrument or other document which is not an Act.

(3) No other provision of this Act restricts the power conferred by subsection (1).

(4) In this section “local enactment” means—

(a) a local or private Act,

(b) a public general Act relating to London,

(d) an enactment in a public general Act amending anything falling within paragraphs (a) to (c).

Transitional provisions etc

129

The Secretary of State may by order make such provision as he considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.

Final

Commencement

130

(1) Parts I to VI, sections 101 to 114, sections 116 to 119 (including Schedule 7) and section 127(4) and (6) (including Schedules 8 and 9) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

(2) Section 115 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

Short title and extent

131

(1) This Act may be cited as the Postal Services Act 2000.

(2) Any modification by this Act of an enactment has the same extent as the enactment modified.

(3) Subject to that, this Act extends to Northern Ireland.

(4) Sections 127(1) to (3) and 129 and this section, together with sections 122 and 125 so far as they relate to those provisions, extend to the Isle of Man and the Channel Islands (in addition to any provisions of this Act which so extend by virtue of subsection (2) above).

SCHEDULE 1

...

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...

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...

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...et ceterala...

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...

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...

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SCHEDULE 2

Membership

1

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Committees

2

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3

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4

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Terms of appointment of members

5

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6

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Pay and remuneration of members

7

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Staff

8

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9

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Proceedings et ceteralaetc.

10

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11

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12

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Delegation

13

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Supplementary powers

14

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Accounts and expenses

15

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16

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17

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SCHEDULE 3

General provisions as to vesting of property etc.

1

(1) Anything (including any legal proceedings) which, immediately before the appointed day, is in the process of being done by or in relation to the Post Office may, so far as it relates to anything transferred by virtue of section 62, be continued by or in relation to the original holding company.

(2) Anything done (or having effect as if done) by or in relation to the Post Office for the purposes of or in connection with anything transferred by virtue of section 62 shall, if in force immediately before the appointed day, have effect as if done by or in relation to the original holding company in so far as that is required for continuing its effect on or after the appointed day.

(3) The transfer effected by virtue of section 62 does not affect the validity of anything done (or having effect as if done) by or in relation to the Post Office before the appointed day.

(4) Any agreement (whether or not in writing), or any document other than an agreement or enactment, which was made before the appointed day shall have effect, so far as may be necessary for the purposes of, or in consequence of, the transfer effected by virtue of section 62 as if—

(a) any references (including references which are to be construed as such references) to the Post Office were references to the original holding company, and

(b) any references (including references which are to be construed as such references) to an employee or other person serving the Post Office in a specified capacity were references to such a person as the original holding company may appoint or, in default of appointment, to a person with corresponding functions serving the original holding company.

(5) The Secretary of State may by order provide for any provision of sub-paragraphs (1) to (4) not to apply, or to apply with modifications, in such cases or descriptions of case as he considers appropriate.

(6) Sub-paragraphs (1) to (4) are subject to any provision made by or under this Act.

Pensions

2

(1) The original holding company shall, on and after the appointed day, be liable to make payments of the same descriptions as the descriptions of payments which, immediately before that day, the Post Office was liable to make under sections 44 and 46 of the Post Office Act 1969 (pension payments for certain former civil servants).

(2) Sub-paragraph (1) is without prejudice to the generality of the transfer effected by virtue of section 62.

3

Section 6(2) of the Commonwealth Telegraphs Act 1949 (which provides for the making of regulations with respect to the payment of pensions to, or in respect of, employees of Cable and Wireless Limited) shall have effect as if, in paragraph (c) and sub-paragraphs (iv), (v) and (vi) of paragraph (d), references which include references to the successor company (within the meaning of the Telecommunications Act 1984) included references to the original holding company.

4

(1) Trustees appointed by the original holding company shall hold moneys held immediately before the appointed day by virtue of section 47(10) of the Post Office Act 1969 (moneys paid to the Post Office to meet certain pension liabilities), and any sums accruing as a result of the investment of such money, on such relevant trusts as the original holding company may declare.

(2) For the purposes of sub-paragraph (1)—

(a) the persons who were trustees appointed by the Post Office for the purposes of section 47 of the Act of 1969 immediately before the appointed day shall be treated, on and after that day, as if they are the first trustees appointed by the original holding company, and

(b) the trusts (as modified by paragraph 1 of this Schedule and with the substitution of references to paragraph 2 of this Schedule for references to sections 44 and 46 of the Act of 1969) on which the moneys were held by them immediately before the appointed day for the purposes of section 47 of the Act of 1969 shall be treated, on and after the appointed day, as if they are the first relevant trusts declared by the original holding company.

(3) Subject to that, for the purposes of sub-paragraph (1), trusts are relevant trusts if their objects consist in—

(a) the payment, or the making of provision for the payment, of pensions, allowances and gratuities to, or in respect of, such persons engaged in the business of the original holding company or any company associated with the original holding company as may be specified in the trusts, and

(b) the reimbursement of the original holding company for sums paid under paragraph 2,

and include the objects of the first relevant trusts.

Welfare funds

5

(1) This paragraph applies to—

(a) a fund (whether described as a welfare fund, benevolent fund, mutual aid fund or otherwise) whose objects consist in, or include, the provision of benefits in case of need, sickness or distress for Post Office beneficiaries, and

(b) a society or organisation (however described) whose objects are similar.

(2) In sub-paragraph (1) “Post Office beneficiaries” means any or all of the following persons—

(a) persons who are, or have been, engaged in the business of the Post Office,

(b) the relatives or dependants of such persons.

(3) The provisions of the trust deed, rules, regulations or other instrument constituting or regulating a fund, society or organisation to which this paragraph applies may, by resolution of the managers of the fund, society or organisation, be altered as mentioned in sub-paragraph (4).

(4) The provisions may be altered so as—

(a) to permit persons who are, or have been, engaged in the business of the original holding company, or such persons of a particular description, to become members of, or subscribers to, the fund, society or organisation,

(b) to entitle such persons, or such persons of a particular description, and persons claiming in right of them, to receive benefits from the fund, society or organisation (subject to any terms and conditions specified in the resolution) if, and to the extent that, they would be entitled to receive benefits from it if being engaged in the business of the original holding company were being engaged in the business of the Post Office.

(5) No alteration may be made that alters the character of the fund, society or organisation.

(6) If a resolution of the managers of a fund, society or organisation to which this paragraph applies so provides—

(a) any references in the trust deed, rules, regulations or other instrument constituting or regulating the fund, society or organisation to the Post Office shall be construed as references (or, if the context so requires, as including references) to the original holding company, and

(b) any references in that instrument to persons engaged in the business of the Post Office or persons of a particular description so engaged shall be construed as references (or, if the context so requires, as including references) to persons engaged in the business of the original holding company or (as the case may be) persons of a corresponding description so engaged.

(7) In this paragraph “managers” in relation to a fund, society or organisation, means the trustees, committee or other persons entrusted with its management.

Third party rights relating to land

6

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

(2) In this paragraph “relevant land right” means any of the following rights relating to land—

(a) a right of reverter (or, in Scotland, the right of the fiar on the termination of a liferent),

(b) a right of pre-emption,

(d) a right of re-entry,

(e) a right of irritancy,

(f) an option, and

(g) a right similar to anything falling within paragraphs (a) to (f).

(3) A relevant land right shall have effect, in the case of the transfer effected by virtue of section 62, as if—

(a) the original holding company were the same person in law as the Post Office, and

(b) no transfer of the land had taken place.

(4) Such compensation as is just shall be paid by the original holding company to any person in respect of any relevant land right which would, apart from sub-paragraphs (1) to (3), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those sub-paragraphs, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.

(5) Any dispute as to whether, or how much, compensation is payable or about the person to whom it is payable shall be referred to and determined by—

(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),

(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or

(c) an arbitrator appointed by the Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland (if the proceedings are to be held in Northern Ireland).

Other third party property rights

7

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8

A person dealing with the original holding company in respect of land transferred to it by virtue of section 62 shall not be bound or entitled to inquire whether the consent of the Treasury to any previous dealing with the land was needed or whether, if it was, it was given.

Vesting of foreign property etc.

9

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Interpretation

10

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SCHEDULE 4

Corporation tax: general

1

The Post Office company shall, on and after the appointed day, be treated for all purposes of corporation tax as if it were the same person as the Post Office.

Shares and other securities

2

Any share issued by the Post Office company or any of its wholly owned subsidiaries in pursuance of section 63 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a subscription paid to the company concerned of an amount equal to the nominal value of the share.

3

Any security (other than a share) issued by the Post Office company or any of its wholly owned subsidiaries in pursuance of section 63 or 74 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued wholly in consideration of a loan made to the company concerned of an amount equal to the principal sum payable under the security.

Debt

4

Any debt assumed by the Post Office company under section 74(1) shall be treated for the purposes of the Corporation Tax Acts as if it had been assumed wholly in consideration of a loan made to the company of an amount equal to the principal sum payable under the debt.

Transfer arrangements

5

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Tax-free benefits

6

Nothing in this Part and nothing done under it shall be regarded as a scheme or arrangement for the purposes of section 30 of the Taxation of Chargeable Gains Act 1992 (tax-free benefits).

Assets acquired by the Post Office in 1969

7

The Act of 1992 shall apply in relation to a disposal by the Post Office company of an asset acquired by the Post Office by virtue of Part III of the Post Office Act 1969 as if the acquisition or provision of the asset by the Crown had been the acquisition or provision of it by the Post Office company.

Value added tax

8

The Post Office company shall, on and after the appointed day, be treated for all purposes of value added tax as if it were the same person as the Post Office.

Stamp duty

9

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SCHEDULE 5

Part I — Powers of acquisition etc

England and Wales

1

(1) The Secretary of State may authorise a universal service provider to purchase compulsorily any land in England and Wales where it is necessary to do so for the purpose of providing a universal postal service.

(2) The power of purchasing land compulsorily under this paragraph includes power to acquire, by creation of a new right, an easement or other right over land.

(3) Any land in England and Wales vested in a universal service provider by virtue of this Schedule shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

Scotland

2

(1) The Secretary of State may authorise a universal service provider to purchase compulsorily any land in Scotland where it is necessary to do so for the purpose of providing a universal postal service.

(2) The power of purchasing land compulsorily under this paragraph includes power to acquire, by creation of a new right, a servitude or other right over land.

(3) Any land in Scotland vested in a universal service provider by virtue of this Schedule shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

Northern Ireland

3

(1) Where a universal service provider proposes to acquire, otherwise than by agreement, any land in Northern Ireland—

(a) which it is necessary to acquire for the purpose of providing a universal postal service, or

(b) as to which it can reasonably be foreseen that it will be so necessary,

the universal service provider may apply to the Secretary of State for an order vesting the land in him, and the Secretary of State shall have power to make such an order.

(2) The power of acquiring land compulsorily under this paragraph includes power to acquire, by the creation of a new right, an easement or other right over land.

(3) The Secretary of State shall consult the First Minister and the deputy First Minister in Northern Ireland before exercising his power to make an order under this paragraph in respect of land which—

(a) is the property of any public body which has power under any enactment to acquire land compulsorily, or

(b) is declared by or under any enactment to be inalienable,

where representations objecting to the proposal for making the order have been duly made by the owner of the land and not withdrawn.

(4) Any land in Northern Ireland vested in a universal service provider by virtue of this Schedule shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

(5) Section 122(1) does not apply to an order of the Secretary of State under this paragraph.

(6) In this paragraph—

“land” has the meaning given by section 45(1)(a) of the Interpretation Act (Northern Ireland) 1954, and

“public body” means a body established by or under any enactment.

Part II — Procedure, compensation etc (England and Wales)

Application of Acquisition of Land Act 1981

4

(1) The Acquisition of Land Act 1981 shall apply to any compulsory purchase by a universal service provider of land or rights in England and Wales.

(2) Schedule 3 to that Act shall apply in the case of a compulsory acquisition by a universal service provider of a right by the creation of a new right.

New rights: Compulsory Purchase Act 1965

5

The Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make it apply to a universal service provider’s compulsory acquisition of a right in England and Wales by the creation of a new right as it applies to the compulsory acquisition of land, so that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to—

(a) the right acquired or to be acquired, or

(b) land over which the right is or is to be exercisable,

according to the requirements of the particular context.

New rights: specific adaptations of 1965 Act

6

Without prejudice to the generality of paragraph 5, Part I of the Compulsory Purchase Act 1965 shall apply in relation to a universal service provider’s compulsory acquisition of a right in England and Wales by the creation of a new right with the modifications specified in paragraphs 7 to 12.

7

For section 7 of that Act (measure of compensation) there shall be substituted the following section—

In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

8

Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory. (2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface). (2) In this Schedule “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the proposed use of the right, and (c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

9

(1) The provisions of that Act referred to in sub-paragraph (2) (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) shall be modified in accordance with sub-paragraph (3).

(2) The provisions are—

(section 9) (refusal by owners to convey),

Schedule 1, paragraph 10(3) (owners under incapacity),

Schedule 2, paragraph 2(3) (absent and untraced owners), and

Schedule 4, paragraphs 2(3) and 7(2) (common land).

(3) The provisions shall be so modified as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

10

Section 11 of that Act (powers of entry) shall be so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, the acquiring authority have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) shall be modified correspondingly.

11

Section 20 of that Act (protection for interests of tenants at will etc.) shall apply with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

12

Section 22 of that Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) shall be so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

New rights: compensation

13

The enactments in force in England and Wales with respect to compensation for the compulsory purchase of land shall apply with the necessary modifications as respects compensation in the case of a universal service provider’s compulsory acquisition of a right by the creation of a new right as they apply to compensation on the compulsory purchase of land and interests in land.

Part III — Procedure, compensation etc (Scotland)

Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

14

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply to the compulsory purchase by a universal service provider of land or rights in Scotland as if he were a local authority within the meaning of that Act, and as if this Act had been in force immediately before the commencement of that Act.

New rights: application of 1947 Act and incorporated enactments

15

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and the enactments incorporated with this Act by virtue of paragraph 14 above and paragraph 1 of the Second Schedule to that Act, shall have effect with the modifications necessary to make them apply to a universal service provider’s compulsory acquisition of a right in Scotland by the creation of a new right as they apply to the compulsory acquisition of land, so that, in appropriate contexts, references in those enactments and that Act to land are to be read as referring, or as including references, to—

(a) the right acquired or to be acquired, or

(b) land over which the right is or is to be exercisable,

according to the requirements of the particular context.

New rights: specific adaptations of 1947 Act

16

Without prejudice to the generality of paragraph 15 above, Part III of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (requirement of special parliamentary procedure, and other special provisions, in the case of acquisition of certain descriptions of land) shall apply in relation to a universal service provider’s compulsory acquisition of a right in Scotland by the creation of a new right with the modifications specified in paragraphs 17 to 21 below.

17

In paragraph 9 of that Schedule (compulsory purchase affecting land of the National Trust for Scotland) for references to the compulsory purchase of land there shall be substituted references to the compulsory acquisition of rights over land.

18

In paragraph 10 of that Schedule (land of statutory undertakers)—

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