The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011

Made: 24th August 2011

Laid before Parliament: 25th August 2011

Coming into force: 1st October 2011

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to postal services.

The Secretary of State makes paragraph 40 in Schedule 1 in exercise of the powers conferred by section 2(2) of that Act and makes all other provisions in this Order in exercise of the powers conferred by section 91(3) of the Postal Services Act 2011 .

Citation commencement and extent

1

• (1) This order may be cited as the Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011.

• (2) This Order comes into force on 1st October 2011.

• (3) Any modification by this Order of an enactment has the same extent as the enactment modified.

References to statutory duty of the Post Office for the purpose of collecting or delivering letters.

2

Any enactment which refers to the exercise of the statutory duty of the Post Office for the purpose of collecting or delivering mail is to be construed as if it made corresponding provision in relation to the exercise of the duty by a universal service provider within the meaning of Part 3 of the Postal Services Act 2011.

Modifications of the Post Office Extension Act 1856 and Post Office Railway Acts

3

• (1) Article 2 of the Postal Services Act 2000 (Consequential Modifications to Local Enactments) Order 2003 is revoked.

• (2) Any provision of the Post Office Extension Act 1865 , the Post Office (London) Railway Act 1913 and the Post Office (Site and Railway) Act 1954 which was in force immediately before this Order comes into force and contained references to the Post Office company (including references which have effect as such references) so far as necessary for preserving its effect on and after that day, is to have effect as if those references were references to a Royal Mail company.

• (3) Anything which by virtue of this article must be done by or in relation to a Royal Mail company, so far as the context permits, is to be taken as so done if it is done by or in relation to any of them.

• (4) In the Acts to which this article applies reference to the purpose or purposes of the Post Office is to be construed as references to the purpose or purposes of the businesses of a Royal Mail company so far as those businesses relate to the provision of postal services.

• (5) In this article a “Royal Mail company” has the same meaning as in Part 1 of the Postal Services Act 2011.

Postal Office Works Act 1959 and Post Office Subway Act 1966

4

• (1) Article 2 of the Postal Services Act (Consequential Modifications) Order 2003 is revoked.

• (2) Any provision of the Post Office Works Act 1959 or the Post Office Subway Act 1966 , which was in force immediately before the day on which this article comes into force and contained references to the Post Office company (including references which have effect as such references) so far as necessary for preserving its effect on and after that day, is to have effect as if those references were references to a Royal Mail company.

• (3) Anything which by virtue of this article must be done by or in relation to a Royal Mail company, so far as the context permits, is to be taken as done if it is done by or in relation to one of them.

• (4) In the Post Office Subway Act 1966 references to the purpose or purposes of the Royal Mail company are to be construed as references to the purpose or purposes of the businesses of a Royal Mail company so far as those businesses relate to the provision of postal services.

• (5) In this article, a “Royal Mail company” has the same meaning as in Part 1 of the Postal Services Act 2011.

Other amendments to enactments

5

• (1) The amendments specified in Schedule 1 have effect.

• (2) The repeals and revocations specified in Schedule 2 have effect.

SCHEDULE 1 — AMENDMENTS

Agricultural Credits (Scotland) Act 1929

1

In section 9 of the Agricultural Credits (Scotland) Act 1929 (interpretation) in the definition of “Bank” for paragraph (d) substitute “ a Post Office company within the meaning of Part 1 of the Postal Services Act 2011 in the exercise of its powers to provide banking services ”.

Motor Vehicles and Road Traffic Act (Northern Ireland) 1930

2

In section 2(3) of the Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 (conveyance of mails by public service vehicles), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Electoral Law Act (Northern Ireland) 1962

3

In section 130(1) of the Electoral Law Act (Northern Ireland) 1962 in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Tees and Hartlepool Port Authority Act 1966

4

In section 81(1)(a)(iii) of the Tees and Hartlepool Port Authority Act 1966 (Crown exemptions from charges), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Drainage Rates (Appeals) Regulations 1970

5

In regulation 5(4) of the Drainage Rates (Appeals) Regulations 1970 (hereditaments occupied for purposes of extensive undertakings)—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Isle of Wight County Council Act 1971

6

In section 20 of the Isle of Wight County Council Act 1971 (power to Council to assist industry), in paragraph (a) of the proviso—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Post Office Operational Land Regulations 1973

7

In regulation 2 of the Post Office Operational Land Regulations 1973 for the words “the Postal Services Act 2000” where they occur substitute “ Part 3 of the Postal Services Act 2011 ”.

Walkways Regulations 1973

8

In regulation 1(2) of the Walkways Regulations 1973 (commencement, citation and interpretation), in the definition of “universal service provider”—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Misuse of Drugs (Safe Custody) Regulations 1973

9

In regulation 5(2)(c) of the Misuse of Drugs (Safe Custody) Regulations 1973 for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Morpeth Common Act 1974

10

In section 3 of the Morpeth Common Act 1974 (protection of Morpeth Common) in subsection (3) of the proviso—

• (a) for “the meaning of the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Greater London Council (General Powers) Act 1974

11

In section 2 of the Greater London Council (General Powers) Act 1974 (interpretation), in the definition of “statutory undertaker” for “the Post Office” substitute “ a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 ”.

Solicitors (Northern Ireland) Order 1976

12

In Schedule 1, in paragraph 15(2) of the Solicitors (Northern Ireland) Order 1976 (re-direction of postal packets) for “section 125(1) of the Postal Services Act 2000” substitute “ section 27 of the Postal Services Act 2011 ”.

West Midlands County Council Act 1980

13

In section 2 of the West Midlands County Council Act 1980 (interpretation) in subsection (1) in the definition of “statutory undertakers”—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Derbyshire Act 1981

14

In section 2 of the Derbyshire Act 1981 (interpretation) in the definition of “statutory undertakers”—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Parliamentary Writs Order 1983

15

In article 2 of the Parliamentary Writs Order 1983 (interpretation), in the definition of “the relevant universal postal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Access to the Countryside (Northern Ireland) Order 1983

16

In article 2(2) of the Access to the Countryside (Northern Ireland) Order 1983 (interpretation) in the definition of “statutory undertakers”—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Road Traffic Regulation Act 1984

17

In the first column of Schedule 5 to the Road Traffic Regulation Act 1984 (buildings in relation to which a Secretary of State is the appropriate authority for purposes of section 74), for paragraph 6 substitute—

(6) A building owned by— (a) a Post Office company (within the meaning of Part 1 of the Postal Services Act 2011), or (b) a company which is a universal service provider (within the meaning of Part 3 of that Act), where (in each case) more than half of the company's issued share capital is owned by the Crown (within the meaning of Part 1 of that Act).

Postal Packets (Customs and Excise) Regulations 1986

18

• (1) The Postal Packets (Customs and Excise) Regulations 1986 are amended as follows.

• (2) In regulation 2(a)—

• (a) for “ “post office”, “postal operator” and “registered post service” have the same meaning as in the Postal Services Act 2000” substitute “ “post office” and “registered post service” have the same meaning as in the Postal Services Act 2000”;

• (b) before the definition of “postal packet” insert “ “postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011 ”;

• (c) in the definition of “postal packet”—

• (i) for the words “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (ii) for “that Act” substitute “ that Part ”.

• (3) In regulation 9(1) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

Mental Health (Northern Ireland) Order 1986

19

In article 16(8) of the Mental Health (Northern Ireland) Order 1986 (correspondence of detained patients) for “the Postal Services Act 2000” substitute “ the Postal Services Act 2011 ”.

Road Vehicles (Construction and Use) Regulations 1986

20

In the table in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 (interpretation) in the meaning specified in column 2 for the expression “public works vehicle” specified in column 1—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Insolvency Rules 1986

21

In form 6.80 in Schedule 4 to the Insolvency Rules 1986 (order to Post Office), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

County of Cleveland Act 1987

22

In section 25(7A) of the County of Cleveland Act 1987 (traffic regulation during carnivals etc.)—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Insolvency (Northern Ireland) Order 1989

23

• (1) The Insolvency (Northern Ireland) Order 1989 is amended as follows.

• (2) In article 342(1) (re-direction of bankrupt's letters, etc.)—

• (a) for “given by section 125(1) of the Postal Services Act 2000” substitute “ of Part 3 of the Postal Services Act 2011 ”;

• (b) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

• (3) In paragraph 10(1) of Schedule 1A (Exceptions to prohibition on appointment of administrative receiver supplementary provisions)—

• (a) in sub-paragraph (d) for “given by section 4(3) and (4) of the Postal Services Act 2000 (c.26)” substitute “ of Part 3 of the Postal Services Act 2011 (c.5) ”;

• (b) for sub-paragraph (e) substitute

(e) by a Post Office company within the meaning of Part 1 of that Act; or

, and

• (c) omit paragraph (f).

Nottingham Park Estate Act 1990

24

In section 16 of the Nottingham Park Estate Act 1990 (local land charge)—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Planning (Northern Ireland) Order 1991

25

In article 2(2) of the Planning (Northern Ireland) Order 1991 (interpretation), in the definition of “statutory undertaker”—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Town and Country Planning (General Permitted Development) (Scotland) Order 1992

26

• (1) The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 is amended as follows.

• (2) In article 2(1) (interpretation) in the definition of “statutory undertaker”—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

• (3) In paragraph 43 of Schedule 1 (Classes of Permitted Development)—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Roads (Northern Ireland) Order 1993

27

In article 2(2)(a) of the Roads (Northern Ireland) Order 1993 (interpretation) in the definition of “statutory undertaker”—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Value Added Tax Act 1994

28

• (1) The Value Added Tax Act 1994 is amended as follows—

• (2) In Group 8 of Schedule 8 (zero-rating: transport), in Note (4E), in the definition of “universal service provider”, for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”.

• (3) In Group 3 of Schedule 9 (exemptions: postal services)—

• (a) omit Note (1);

• (b) in Note (2), for “a licence duty” substitute “ a specified condition ”;

• (c) in Note (3), for the words from “postal facilities” to the end substitute “ postal network (within the meaning of section 38 of the Postal Services Act 2011) and which are required to be provided by a specified condition ”;

• (d) in Note (4)(a), for “a licence” substitute “ a specified condition ”;

• (e) in Note (5)—

• (i) for “a licence duty” substitute “ a specified condition ”, and

• (ii) for “the licence” substitute “ the condition ”;

• (f) for Note (6) substitute—

(6) In this Group “specified condition” means a designated USP condition, a USP access condition or a transitory condition under paragraph 5 of Schedule 9 to the Postal Services Act 2011 which is imposed only on a universal service provider. (7) Any expression which is used in this Group and in Part 3 of the Postal Services Act 2011 has the same meaning in this Group as in that Part.

Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994

29

In the Schedule to the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 (prescribed prosecuting authority)—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Town and Country Planning (General Permitted Development) Order 1995

30

• (1) The Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.

• (2) In article 1(2) (citation, commencement and interpretation) in the definition of “statutory undertaker”—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

• (3) In Part 17 of Schedule 2 (Development by statutory undertakers) in “Class J”—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

Value Added Tax Regulations 1995

31

In regulation 2(1) of the Value Added Tax Regulations 1995 (interpretation - general)—

• (a) in the definition of “datapost packet”—

• (i) for “the Post Office company” wherever it appears substitute “ a universal service provider ”;

• (ii) for “that company” substitute “ that universal service provider ”;

• (b) omit the definition of “the Post Office company”;

• (c) insert in the appropriate place—

• “postal packet” has the same meaning as in Part 3 of the Postal Services Act 2011”;

• “post office” has the same meaning as in section 125(1) of the Postal Services Act 2000”;

• “universal service provider” means a person who provides a universal postal service (within the meaning of Part 3 of the Postal Services Act 2011) or part of such a service, in the United Kingdom”.

Public Service Vehicles (Operators' Licences) Regulations 1995

32

In regulation 25 of the Public Service Vehicles (Operators' Licences) Regulations 1995 (Universal Service Providers)—

• (a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ”;

• (b) for “that Act” substitute “ that Part ”.

The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996

33

The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 is amended as follows.

• (1) In article 2 of the Provisional Order contained within the Schedule—