Postal Services Act 2000

• (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

• (c) cannot for any other reason be delivered,

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

• (c) procedures for dealing with the complaints of persons who use the services concerned.

• (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,

• (c) specify the manner in which, time and place at which and person by whom the charges are to be paid.

• (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

• (c) the words “, not exceeding £1,700 million,” shall be repealed.

• (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

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

Supplementary provisions relating to the Council

118

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

General restrictions on disclosure of information

119

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

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,

• (c) is proportionate to what it is intended to achieve, and

• (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

• (c) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

• (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

• (c) the delivery of a postal packet—

• (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,

• (c) an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, or

• (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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...

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...

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...et ceterala...

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...

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...

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...

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...

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SCHEDULE 2

Membership

1

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

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

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

11

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

12

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

Delegation

13

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

Supplementary powers

14

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

Accounts and expenses

15

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

16

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

17

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

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,

• (c) a right of forfeiture,

• (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

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

Requisitions on title as to Treasury consent

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

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

Interpretation

10

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

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

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

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

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

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—

1. 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)—

• (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—