Postal Services Act 2000

• (a) for the words “land comprised in the order” there shall be substituted the words “ land over which a right is to be acquired by virtue of the order ”,

• (b) for the words “purchase of” there shall be substituted the words “ acquisition of a right over ”,

• (c) for the words “it can be purchased and not replaced” there shall be substituted the words “ the right can be acquired ”,

• (d) for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

(ii) that any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to, or available for acquisition by, them

,

and

• (e) the references to “the Scottish Ministers” (as substituted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999), however expressed, shall be construed as references to the Secretary of State.

19

In paragraph 11 of that Schedule (common or open space), for sub-paragraph (1) there shall be substituted the following sub-paragraph—

(1) In so far as a compulsory purchase order authorises the acquisition of a right over land forming part of a common or open space, it shall be subject to special parliamentary procedure unless the Secretary of State is satisfied— (a) that the land, when burdened with that right, will be no less advantageous to those persons in whom it is vested and other persons, if any, entitled to rights of common or other rights, and to the public, than it was before, (b) that there has been or will be given in exchange for the right additional land which will as respects the persons in whom there is vested the land over which the right is to be acquired, the persons, if any, entitled to rights of common or other rights over that land, and the public, be adequate to compensate them for the disadvantages which result from the acquisition of the right, and that the additional land has been or will be vested in the persons in whom there is vested the land over which the right is to be acquired, and subject to the like rights, trusts and incidents as attach to that land apart from the compulsory purchase order, or (c) that the land affected by the right to be acquired does not exceed 210 square metres in extent, and that the giving of other land in exchange for the right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public, and certifies accordingly.

20

Paragraph 3(1) of the Second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall be so modified as to secure that, as from the date on which the universal service provider has served notice to treat in respect of any right, he has 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).

21

For paragraph 4 of that Schedule (protection for owner against severance of property) there shall be substituted the following paragraphs—

1. No person shall be required to grant any right over part only— (a) of any house, building or manufactory, or (b) of a park or garden belonging to a house, if he is willing to sell the whole of the house, building, manufactory, park or garden, unless the Lands Tribunal for Scotland determines that— (i) in the case of a house, building or manufactory, the part over which the right is proposed to be acquired can be made subject to that right without material detriment to the house, building or manufactory, or (ii) in the case of a park or garden, the part over which the right is proposed to be acquired can be made subject to that right without seriously affecting the amenity or convenience of the house, and if it so determines, it shall award compensation in respect of any loss due to the acquisition of the right, in addition to its value; and thereupon the party interested shall be required to grant to the acquiring authority that right over the part of the house, building, manufactory, park or garden. 4A. In considering, for the purposes of paragraph 4 above, the extent of any material detriment to a house, building or manufactory, or any extent to which the amenity or convenience of a house is affected, the Lands Tribunal for Scotland shall have regard not only to the right which is to be acquired over the land, but also to any adjoining or adjacent land belonging to the same owner and subject to compulsory purchase.

New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act 1845

22

Without prejudice to the generality of paragraph 15 above, the Lands Clauses Consolidation (Scotland) Act 1845 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 23 to 26 below.

23

For section 61 of that Act (estimation of compensation) there shall be substituted the following section—

1. In estimating the purchase money or compensation to be paid by the universal service provider under the special Act, in any of the cases aforesaid, 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.

24

The following provisions of that Act (being provisions stating the effect of a notarial instrument or of a disposition executed in various circumstances where there is no conveyance by persons with interests in the land)—

• section 74 (failure by owner to convey),

• section 76 (refusal to convey or show title or owner cannot be found), and

• section 98 (vesting of common land),

shall be so modified as to secure that, as against persons with interests in the land over which the right is to be compulsorily acquired, such right is vested absolutely in the universal service provider.

25

Sections 114 (compensation to be made to tenants for a year etc.) and 115 (compensation where greater interest than tenant for a year) of that Act shall apply with the modifications necessary to secure that persons with such interests as are mentioned in those sections 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.

26

Sections 117 (protection of promoter of undertaking where by inadvertence an interest in land has not been purchased etc.) and 118 (provisions supplementary to section 117) of that Act shall be so modified as to enable the universal service provider, in circumstances corresponding to those referred to in those sections, to continue to be entitled to exercise the right acquired, subject to compliance with those sections as respects compensation.

New rights: compensation

27

The enactments in force in Scotland with respect to compensation for the compulsory purchase of land shall apply 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 IV — Procedure, compensation etc (Northern Ireland)

28

For the purposes of the acquisition of land by means of a vesting order under paragraph 3 of this Schedule, Schedule 6 to the Local Government Act (Northern Ireland) 1972 and Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 are incorporated in this Act subject to the modifications in paragraph 29.

29

The modifications mentioned in paragraph 28 are—

• (a) for any reference in Schedule 6 to a council there shall be substituted a reference to the universal service provider,

• (b) for any reference in Schedule 6 or Schedule 8 to the Department there shall be substituted a reference to the Secretary of State,

• (c) for any reference in Schedule 6 to the Act or in Schedule 8 to the Order there shall be substituted a reference to this Act,

• (d) in paragraph 6(2) of Schedule 6, for the words from “the fund” onwards there shall be substituted the words “ funds of the universal service provider (in this Schedule referred to as “the compensation fund”) and shall be discharged by payments made by the universal service provider ”,

• (e) in paragraph 12(2) of Schedule 6, for the words “the clerk of the council” there shall be substituted “ such person as may be designated for the purposes of this Schedule by the universal service provider ”.

30

The enactments for the time being in force relating to the assessment of compensation in respect of land vested in a district council by an order made under Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall, subject to any necessary modifications, apply in relation to any land vested in a universal service provider by a vesting order made under paragraph 3 of this Schedule.

SCHEDULE 6

Power to place post-boxes etc in streets

1

• (1) A universal service provider may, for any purpose in connection with the provision of a universal postal service, execute in a street works of any of the kinds mentioned in sub-paragraph (2).

• (2) The kinds of works are—

• (a) placing a universal postal service letter box or a universal postal service pouch-box in a street,

• (b) inspecting, maintaining, adjusting, repairing, altering or renewing such apparatus which has been so placed, changing its position or removing it,

• (c) works needed for, or incidental to, the purposes of any works falling within paragraph (a) or (b) (including, in particular, breaking up or opening a street).

• (3) Accordingly, Part III of the New Roads and Street Works Act 1991 (street works in England and Wales), and the Street Works (Northern Ireland) Order 1995, apply in relation to undertakers’ works in exercise of a power conferred by this paragraph.

• (4) For the avoidance of doubt, references in Part III of the Act of 1991 or the Order of 1995 to apparatus shall be construed as including universal postal service letter boxes and universal postal service pouch-boxes.

• (5) Subject to sub-paragraphs (6) and (7), sub-paragraph (1) authorises the universal service provider concerned to execute works of any of the kinds mentioned in sub-paragraph (2) without obtaining any consent which would otherwise be required to be given by the street authority in its capacity as such and, in the case of a maintainable highway, in its capacity as owner.

• (6) Sub-paragraph (5) is without prejudice to—

• (a) the provisions of Part III of the Act of 1991, or the provisions of the Order of 1995, as to the making of requirements by the street authority or as to the settlement of a plan and section and the execution of the works in accordance with them,

• (b) section 61 of the Act of 1991 or Article 21 of the Order of 1995 (consent required for protected streets).

• (7) Sub-paragraph (1) does not free the universal service provider concerned from obtaining any other consent, licence or permission which may be required.

• (8) This paragraph binds the Crown.

• (9) In this paragraph references to doing anything in a street shall be construed as including references to doing anything under, over, across, along or upon the street.

• (10) In this paragraph—

• “maintainable highway”—in England and Wales, has the same meaning as in Part III of the Act of 1991 and includes a street in respect of which a declaration has been made under section 87 of that Act (prospectively maintainable highways), andin Northern Ireland, means a road (within the meaning of the Order of 1995) and includes a street in respect of which a declaration has been made under Article 46 of that Order (prospective roads),

• “street” and “street authority”—in England and Wales, have the same meaning as in Part III of the Act of 1991, andin Northern Ireland, have the same meaning as in the Order of 1995, and

• “universal postal service pouch-box” means any box or receptacle provided by a universal service provider for the temporary storage of postal packets in the course of transmission by post pending their collection for immediate delivery by a person who is in the course of delivering postal packets in connection with the provision of a universal postal service.

• (11) In the application of this paragraph to Scotland—

• (a) references to streets shall be construed as references to roads and references to street authority shall be construed as references to road works authority,

• (b) “maintainable highway” means a public road within the meaning of Part IV of the Act of 1991 and includes a road in respect of which a declaration has been made under section 146 of that Act (prospective public roads),

• (c) “road” and “road works authority” have the same meaning as in Part IV of the Act of 1991,

• (d) in sub-paragraph (3) for the words from “Part III” to “apply” there shall be substituted “ Part IV of the New Roads and Street Works Act 1991 (road works in Scotland) applies ”,

• (e) in sub-paragraph (4) for the words from “Part III” to “1995” there shall be substituted “ Part IV of the Act of 1991 ”,

• (f) in sub-paragraph (6)(a) for the words from “Part III” to “1995,” there shall be substituted “ Part IV of the Act of 1991 ”, and

• (g) in sub-paragraph (6)(b) for the words from “61” to “of 1995” there shall be substituted “ 120 of the Act of 1991 ”.

Entry on land for exploratory purposes

2

• (1) A person authorised in writing by a universal service provider may, at any reasonable time, enter upon and survey any land for the purpose of ascertaining whether the land would be suitable for use for any purpose in connection with the provision of a universal postal service.

• (2) The power to survey land conferred by this paragraph includes power to search and bore for the purpose of ascertaining the nature of the subsoil.

• (2A) A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).

• (3) The powers conferred by this paragraph shall not be exercisable in relation to land which is covered by a building or will be so covered on the assumption that any planning permission which is in force is acted on.

• (4) In this paragraph “building” includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with a building.

3

• (1) A person authorised to enter upon any land under paragraph 2 shall not demand to do so as of right unless—

• (a) 28 days notice of the intended entry has been given to the occupier, and

• (b) if required to do so, he has produced evidence of his authority and has stated the purpose of his entry.

• (2) No person may carry out works authorised by paragraph 2(2) unless notice of the proposed works was included in the notice given under sub-paragraph (1).

• (3) If the land in question is held by statutory undertakers and they object to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the authority of the appropriate Minister shall be required for the carrying out of works authorised by paragraph 2(2).

• (4) In sub-paragraph (3) as it relates to England and Wales—

• “appropriate Minister” means the person indicated by section 265 of the Town and Country Planning Act 1990,

• “statutory undertakers” means any persons who, by virtue of section 262 of the Town and Country Planning Act 1990, are or are treated as statutory undertakers for the purposes of that Act or any provision of that Act.

• (5) In that sub-paragraph as it relates to Scotland—

• “appropriate Minister” means—in relation to any function which, by virtue of section 53 of the Scotland Act 1998, is exercisable by them as the appropriate Minister within the meaning of section 217 of the Town and Country Planning (Scotland) Act 1997, the Scottish Ministers,in any other case, the Minister indicated by that section,

• “statutory undertakers” means any persons who, by virtue of section 214 of the Town and Country Planning (Scotland) Act 1997, are or are treated as statutory undertakers for the purposes of that Act or any provision of that Act.

and this sub-paragraph has effect notwithstanding the repeal of section 217 of the Town and Country Planning (Scotland) Act 1997 by paragraph 127(3) of Schedule 2 to the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999.

• (6) In that sub-paragraph as it relates to Northern Ireland—

• “appropriate Minister” means—in relation to a statutory undertaker carrying on any railway, road transport or dock or harbour undertaking or the airport operator (within the meaning of the Airports (Northern Ireland) Order 1994) of any airport to which Article 25 of that Order applies, the Minister for Regional Development,in relation to a statutory undertaker carrying on any water transport or inland navigation, the Minister of Culture, Arts and Leisure,in any other case, the Minister of Enterprise, Trade and Investment,

• “statutory undertaker” has the same meaning as in section 250(1) of the Planning Act (Northern Ireland) 2011.

4

• (1) Any person who intentionally obstructs a person acting in the exercise of any power conferred by paragraph 2 shall be guilty of an offence.

• (2) A person who commits an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5

• (1) If in the exercise of any power conferred by paragraph 2 any damage is caused to land or moveables, any person interested in the land or moveables may recover compensation in respect of that damage from the universal service provider on whose behalf the power is exercised; and if in consequence of the exercise of such a power a person is disturbed in his enjoyment of any land or moveables, he may recover compensation from the universal service provider in respect of that disturbance.

• (2) In relation to England and Wales, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Upper Tribunal; and section 4 of the Land Compensation Act 1961 shall apply in relation to the determination subject to any necessary modifications.

• (3) In relation to Scotland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Scotland; and sections 9 and 11 of the Land Compensation (Scotland) Act 1963 shall apply in relation to the determination subject to any necessary modifications.

• (4) In relation to Northern Ireland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Northern Ireland; and the determination shall be deemed to be a determination to which section 31 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 applies.

• (5) In this paragraph “moveables” means—

• (a) in relation to England and Wales and Northern Ireland, chattels, and

• (b) in relation to Scotland, corporeal moveables.

Acquisition of land by agreement

6

For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in England and Wales, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8 and section 31, shall apply.

7

For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in Scotland, section 188(2) of the Town and Country Planning (Scotland) Act 1997 (incorporation of Lands Clauses Acts) shall, with any necessary modifications, apply for the purposes of this Act as it applies for the purposes of that Act.

8

For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in Northern Ireland, the Lands Clauses Acts shall be incorporated with this Act except for sections 127 to 133 (sale of superfluous land) and sections 150 and 151 (access to the special Act) of the Lands Clauses Consolidation Act 1845.

Power to sell Duchy of Lancaster land

9

If a universal service provider proposes to acquire by agreement any land belonging to Her Majesty in right of the Duchy of Lancaster for any purpose in connection with the provision of a universal postal service, the Chancellor and Council of the Duchy of Lancaster may sell that land to him.

Supplementary

10

Any land acquired by agreement by a universal service provider by virtue of any of paragraphs 6 to 9 shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider.

SCHEDULE 7

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SCHEDULE 8

Part I — General amendments

1

• (1) Any enactment which requires or authorises a document or other thing to be sent by post (whether or not it makes any other provision in that respect) shall not be construed as limited to requiring or (as the case may be) authorising that thing to be sent by the postal system of the Post Office company.

• (2) Any enactment which makes any other provision in relation to the sending of a document or other thing by post or to a thing so sent shall not be construed as limited to the sending of that thing by the postal system of the Post Office company or (as the case may be) to a thing sent by that system.

2

• (1) Any enactment which requires or authorises a document or other thing to be sent by registered post (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a registered post service.

• (2) Any enactment which makes any other provision in relation to the sending of a document or other thing by registered post or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a registered post service or (as the case may be) to a thing sent by such a service.

3

• (1) Any enactment which requires or authorises a document or other thing to be sent by recorded delivery (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a postal service which provides for the delivery of the document or other thing by post to be recorded.

• (2) Any enactment which makes any other provision in relation to the sending of a document or other thing by recorded delivery or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which provides for the delivery of the document or other thing by post to be recorded or (as the case may be) to a thing sent by such a service.

4

• (1) Any enactment which requires or authorises a document or other thing to be sent by first class post (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases.

• (2) Any enactment which makes any other provision in relation to the sending of a document or other thing by first class post or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases or (as the case may be) to a thing sent by such a service.

5

• (1) Any reference (however worded and including references which are to be construed as such references) in a related enactment to the post or to a thing sent by post shall not be construed as limited to the postal system of the Post Office company or (as the case may be) to a thing sent by that system.

• (2) In sub-paragraph (1) “related enactment” means—

• (a) any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph 1 applies, or

• (b) any enactment relating to the sending of documents or other things otherwise than by post or to documents or other things so sent.

• (3) Any reference (however worded and including references which are to be construed as such references) in a related enactment to the registered post, the recorded delivery service or the first class post, or to a letter or other postal packet sent by that service or post, shall be construed as references (as the case may be) to a registered post service, a postal service which provides for the delivery of the document or other thing by post to be recorded or a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases, or to a letter or other postal packet sent by such a service or post.

• (4) In sub-paragraph (3) “related enactment” means—

• (a) any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph 2, 3 or (as the case may be) 4 applies,

• (b) any enactment relating to the sending of documents or other things otherwise than by registered post, recorded delivery or (as the case may be) first class post or to documents or other things so sent.

• (5) Any reference (however worded and including references which are to be construed as such references) in a related enactment to—

• (a) a Post Office receipt for a registered or recorded letter or other postal packet,

• (b) an acknowledgement by the Post Office of delivery of such a letter or packet, or a certificate by the Post Office of such delivery,

shall be construed as a reference to a receipt of, or an acknowledgement or certificate by, the postal operator concerned.

• (6) In sub-paragraph (5) “related enactment” means—

• (a) any enactment (other than a future enactment) the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph 2 or (as the case may be) 3 applies,

• (b) any enactment (other than a future enactment) relating to the sending of documents or other things otherwise than by registered post or recorded delivery or to documents or other things so sent.

• (7) This paragraph is without prejudice to the generality of paragraphs 1 to 4.

6

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

• (2) Paragraphs 1 to 5 do not apply in relation to future enactments if the context otherwise requires.

• (3) Paragraphs 1 to 5 are subject to any provision made by or under this Act.

7

• (1) In this Part of this Schedule, “future enactment” means any enactment passed or made after the passing of this Act other than—

• (a) any enactment made before the commencement of this sub-paragraph and comprised in subordinate legislation made under an enactment passed or made before the passing of this Act, and

• (b) any Act passed in the same session as this Act or any enactment comprised in subordinate legislation made under such an Act before the commencement of this sub-paragraph.

• (2) In this Part of this Schedule—

• (a) references to sending a document or other thing include references to serving, executing, giving or delivering it or doing any similar thing,

• (b) references to sending any thing by registered post include references to sending it by or in a registered letter or other postal packet (whether the references are expressed in those terms or terms having a similar effect and whether there is any mention of the post or prepayment),

• (c) references to sending any thing by recorded delivery include references to sending it by or in a recorded letter or other postal packet (whether the references are expressed in those terms or terms having a similar effect and whether there is any mention of the post or prepayment),

• (d) references to any thing sent by registered post or the recorded delivery service shall be construed accordingly.

Part II — Other amendments

Public Records Act 1958 (c. 51)

8

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table which is at the end of paragraph 3, there shall be inserted at the appropriate places—

• “Consumer Council for Postal Services.”

• “Post Office company (within the meaning of Part IV of the Postal Services Act 2000).”

Parliamentary Commissioner Act 1967 (c. 13)

9

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), after the entry for the Office of Population Censuses and Surveys there shall be inserted—

Consumer Council for Postal Services

.

10

In Schedule 2 to the Parliamentary Commissioner Act 1967 the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.

Post Office Act 1969 (c. 48)

11

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

Pensions (Increase) Act 1971 (c. 56)

12

In paragraph 3 of Schedule 3 to the Pensions (Increase) Act 1971 (duty of Post Office to increase pensions of certain former civil servants)—

• (a) for “the Post Office”, where it first appears, there shall be substituted “ the Post Office company ”,

• (b) for “the Post Office are” there shall be substituted “ the Post Office company is ”,

• (c) after “by virtue of” there shall be inserted “ paragraph 2 of Schedule 3 to the Postal Services Act 2000 as it has effect by reference to ”,

• (d) for “that Act” there shall be substituted “ the Post Office Act 1969 or any enactment reproducing its effect ”, and

• (e) for “the Post Office”, where it appears for the last time, there shall be substituted “ the Post Office company ”.

Superannuation Act 1972 (c. 11)

13

In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), in the list of “Other Bodies”, there shall be inserted at the appropriate place—

The Consumer Council for Postal Services.

House of Commons Disqualification Act 1975 (c. 24)

14

• (1) Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) shall be amended as follows.

• (2) In Part II (bodies of which all members are disqualified), there shall be inserted at the appropriate place—

The Consumer Council for Postal Services.

• (3) In Part III (other disqualifying offices), there shall be inserted at the appropriate place—

Director of the Post Office company (within the meaning of Part IV of the Postal Services Act 2000) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.

15

In Part II of Schedule 1 to the Act of 1975 the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.

Rates (Northern Ireland) Order 1977 (S.I.1977/2157 (N.I.28))

16

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

Representation of the People Act 1983 (c. 2)

17

• (1) Section 91 of the Representation of the People Act 1983 (candidate’s right to send election address post free) shall be amended as follows.

• (2) In subsection (1)—

• (a) for the words “Post Office regulations” there shall be substituted “ such reasonable terms and conditions as the universal service provider concerned may specify ”,

• (b) after the word “of”, where it first appears, there shall be inserted “ any ”,

• (c) after the word “postage” there shall be inserted “ which would otherwise be made by a universal service provider ”, and

• (d) for the words “regulations” in paragraph (a) there shall be substituted “ terms and conditions ”.

• (3) In subsection (2)—

• (a) after “any” there shall be inserted “ such ”, and

• (b) after “postage” there shall be inserted “ as mentioned above ”.

• (4) In subsection (3) for “the Post Office” there shall be substituted “ the universal service provider concerned ”.

• (5) After subsection (4) there shall be inserted—

(5) In this section “universal service provider” has the same meaning as in the Postal Services Act 2000.

18

After section 200 of that Act there shall be inserted—

(200A) (1) This section applies where any postal services are provided without charge by a universal service provider in pursuance of this Act. (2) The universal service provider shall be entitled to be remunerated for having provided the services at the rate fixed in relation to them by virtue of a scheme under section 89 of the Postal Services Act 2000. (3) A sum which a universal service provider is entitled to receive by virtue of this section shall be charged on, and issued out of, the Consolidated Fund. (4) In this section “postal services” and “universal service provider” have the same meanings as in the Postal Services Act 2000.

Mental Health Act 1983 (c. 20)

19

• (1) Section 134 of the Mental Health Act 1983 (correspondence of patients) shall be amended as follows.

• (2) In subsection (1) for “the Post Office” there shall be substituted “ the postal operator concerned ”.

• (3) In subsection (9)—

• (a) after “this Act” there shall be inserted “ and “postal operator” and ”,

• (b) for “has”, where it appears for the second time, there shall be substituted “ have ”, and

• (c) for “the Post Office Act 1953” there shall be substituted “ the Postal Services Act 2000 ”.

Insolvency Act 1986 (c. 45)

20

In section 371(1) of the Insolvency Act 1986 (re-direction of bankrupt’s letters etc.)—

• (a) for “the Post Office” there shall be substituted “ a postal operator (within the meaning of the Postal Services Act 2000) ”,

• (b) for “the Post Office Act 1953” there shall be substituted “ that Act ”, and

• (c) for “them” there shall be substituted “ the operator concerned ”.

Local Government Finance Act 1988 (c. 41)

21

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

Value Added Tax Act 1994 (c. 23)

22

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

Value Added Tax Regulations 1995 (S.I.1995/2518)

23

In regulation 2 of the Value Added Tax Regulations 1995 (interpretation) in the definition of “datapost packet”—

• (a) for the words “the Post Office” there shall be substituted “ the Post Office company ”,

• (b) after “a post office” there shall be inserted “ of the Post Office company ”, and

• (c) after “United Kingdom”, where it appears for the fifth time, there shall be inserted “ by that company ”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

24

In section 11 of the Criminal Procedure (Scotland) Act 1995 (jurisdiction over certain offences committed outside Scotland), after subsection (4) there shall be inserted—

(5) Where a person in any part of the United Kingdom outside Scotland— (a) steals or attempts to steal any mail-bag or postal packet in the course of its transmission by post, or any of the contents of such a mail-bag or postal packet; or (b) in stealing or with intent to steal any such mail-bag or postal packet or any of its contents commits any robbery, attempted robbery or assault with intent to rob, he is guilty of the offence mentioned in paragraph (a) or (b) as if he had committed it in Scotland and shall be liable to be prosecuted, tried and punished there without proof that the offence was committed there. (6) Any expression used in subsection (5) and in the Postal Services Act 2000 has the same meaning in that subsection as it has in that Act.

Local Government and Rating Act 1997 (c. 29)

25

In Schedule 2 to the Local Government and Rating Act 1997, in paragraph 3(4)(a) (relief from non-domestic rates for rural post offices) for the words from “the Post Office” to “1953)” there shall be substituted “ a universal service provider (within the meaning of the Postal Services Act 2000) and in connection with the provision of a universal postal service (within the meaning of that Act) ”.

Northern Ireland Act 1998 (c. 47)

26

For paragraph 7 of Schedule 3 to the Northern Ireland Act 1998 (reservation for the Post Office etc.) there shall be substituted—

(7) The subject-matter of the Postal Services Act 2000. - This paragraph does not include financial assistance for the provision of services (other than postal services and services relating to postal or money orders) to be provided from public post offices. - In this paragraph “postal services” and “public post offices” have the same meanings as in the Postal Services Act 2000.

Postal Services Regulations 1999 (S.I. 1999/2107)

27

In Regulation 2(1) of the Postal Services Regulations 1999 (designation of Secretary of State and Postal Services Commission as national regulatory authorities for the postal sector in the United Kingdom) the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.

SCHEDULE 9

The Consumer Council for Postal Services.

7A

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

12A

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

12B

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

15A

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

15B

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

Reports on references.

16A

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

19A

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

Application of competition legislation to references etc.

The Postcode Address File.

Limited liability for postal packets.

Public Records Act 1958 (c.51)

Parliamentary Commissioner Act 1967 (c.13)

Post Office Act 1969 (c.48)

Pensions (Increase) Act 1971 (c.56)

Superannuation Act 1972 (c.11)

House of Commons Disqualification Act 1975 (c.24)

Representation of the People Act 1983 (c.2)

Mental Health Act 1983 (c.20)

Insolvency Act 1986 (c.45)

...

Value Added Tax Act 1994 (c.23)

Criminal Procedure (Scotland) Act 1995 (c.46)

Local Government and Rating Act 1997 (c.29)

Northern Ireland Act 1998 (c.47)

Note: The repeal of section 52 of the Post Office Act 1953 (which extends only to Scotland) does not affect any liability at common law in respect of any offence described in that section.

Editorial notes