Diarrhoeal diseases in the South-East Asia Region: report of the third meeting of the Regional Scientific Working Group on diarrhoeal diseases, Calcutta, India, 25-27 February 1983. Document SEA/DD/17
Act wholly in force at Royal Assent Act: This Act extends to the U.K. but see s. 88 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only. This version of this provision extends to Scotland only; a separate version has been created for England and Wales only. Act repealed in part (Isle of Man) (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 11(5) S. 1 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 2(1)–(5)(7) repealed by S.I. 1974/691, Sch. Words substituted by virtue of S.I. 1974/691, arts. 2, 3(3) S. 3 repealed (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(2), Sch. 21 para. 2 (with Sch. 21 para. 3) S. 6 repealed (1.5.2007) by Postal Services Act 2000 (c. 26), s. 130(1), Sch. 9; S.I. 2007/1181, art. 2, Sch. S. 7 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 8 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) Ss. 9, 11(7) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 10 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 11 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 12 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42) S. 13 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 14 repealed (1.1.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(2), Sch. 2 Table S. 15 repealed (1.1.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(2), Sch. 2 Table S. 16 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(1)(11)) Ss. 17, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 18 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(1)(2)(11)) Ss. 17, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 20(1)(a)(c) and word “and” at the end of para. (c) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 20(1)(b)(d) repealed (1.4.1994) by 1993 c. 43, ss. 152(3), Sch. 14; S.I. 1994/571, art. 5 S. 20(2) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 21 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Ss. 23–27 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 28 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 29 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 30 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) Ss. 31, 32, 34 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 33 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3. Ss. 31, 32, 34 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Ss. 35, 36, 42 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 37 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S.38 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 39 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 40 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 S. 41 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Ss. 35, 36, 42 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 43 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 44 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 45 repealed by Superannuation Act 1972 (c. 11), ss. 2(12), 29(4), Sch. 2, 8 S. 46 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 47 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 48 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Words substituted by virtue of S.I. 1981/1670, arts. 2 (c), 3(5) S. 50 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 51 repealed by National Insurance and Supplementary Benefit Act 1973 (c. 42), Sch. 7 S. 52 repealed (E.W.) by S.I. 1990/776, art. 3(1)(2), Sch. 1 and s. 52(2)(3) repealed by S.I. 1976/206, art. 7(b)(ii) S. 53 repealed by S.I. 1978/1173, Sch. S. 54 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 55 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 56 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 57 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 59 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 59 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 60 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 61 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 26 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 63 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 64 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34) S. 65 repealed with saving by British Telecommunications Act 1981 (c. 38), s. 89(4), Sch. 6 Pt. II S. 66 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 67 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 68 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 69 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 70 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 71 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 72 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 S. 73 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 S. 74(1) repealed by British Telecommunications Act 1981, (c. 38), Sch. 6 Pt. I Words in s. 74(2) substituted by Capital Gains Tax Act 1979 (c. 14), Sch. 7 para. 8(b) Table Pt. II Words in s. 74(2) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by virtue of Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para.1 (with ss. 60, 101(1), 201(3)) S. 75(1) repealed (1.5.2007) by Postal Services Act 2000 (c. 26), s. 130(1), Sch. 9; S.I. 2007/1181, art. 2, Sch. S. 75(2) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 77 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 78 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 79 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 80 repealed (except in so far as it extends to the Bailiwick of Guernsey) (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34) S. 81 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) Ss. 82, 85 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 83 repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. I and expressed to be repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I S. 84 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Ss. 82, 85 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Words in s. 86(1) repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 S. 86(1): definition of “banker” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “the British Islands” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “cash on delivery service” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “foreign administration” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “harbour” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “harbour authority” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “hovercraft” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “local authority” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “mail-bag” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “national health service authority” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “statutory provision” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “telecommunication system” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “telepost service” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(2) repealed (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 2 (with art. 10) S. 86(3) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 86(4) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 87 repealed (1.5.2007) by Postal Services Act 2000 (c. 26), s. 130(1), Sch. 9; S.I. 2007/1181, art. 2, Sch. S. 88(3) repealed by Civil Aviation (Amendment) Act 1982 (c. 1), Sch. 2 S. 88(4) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 88(6) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II Pt. IV (ss. 89–92) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I S. 93(1)(2) repealed by National Debt Act 1972 (c. 65), s. 17, Sch. S. 93(3) repealed by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 10, Sch. 2 S. 93(4) repealed by S.I. 1988/1847 (N.I. 17), art. 16(2), Sch. 3 Pt. II; and expressed to be repealed (S.) (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I (with Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4) (with art. 4). Ss. 94(1)(4), 95–105 repealed by National Savings Bank Act 1971 (c. 29), Sch. 2 Words and s. 94(2)(a)(b) repealed by National Savings Bank Act 1971 (c. 29), Sch. 2 Ss. 94(1)(4), 95–105 repealed by National Savings Bank Act 1971 (c. 29), Sch. 2 Ss. 106, 107 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Words repealed by National Debt Act 1972 (c. 65), s. 17, Sch. S. 108(1)(c) repealed by Finance Act 1981 (c. 26, SIF 96), s. 187, Sch. 17 Pt. XII and expressed to be repealed (20.7.1998) by S.I. 1998/1446, 30(2), Sch. 2 Pt. I S. 108(1)(d) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 9 Group 6 S. 108 (1)(e) repealed by National Debt Act 1972 (c. 65), s. 17, Sch. Ss. 108(2)–(5), 110–112 repealed by National Debt Act 1972 (c. 65), s. 17, Sch. Words repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 537(1), 539, Sch. 16 Ss. 108(2)–(5), 110–112 repealed by National Debt Act 1972 (c. 65), s. 17, Sch. S. 113 repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 5 Ss. 115, 116 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVIII S. 117 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 118 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 119 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 120 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 121 repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I S. 122 repealed by National Debt Act 1972 (c. 65), s. 17, Sch. S. 123 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Ss. 124–126 repealed by Finance Act 1970 (c. 24), Sch. 8 Pt. V and Finance Act (Northern Ireland) 1970 (c. 21), Sch. 3 Pt. III Ss.127, 130, 131 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 128 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 129 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Ss.127, 130, 131 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) S. 133 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(3)(11)) S. 134 repealed (E.W.) (1.8.2007) by The Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), art. 1(1), Sch. para. 1(k) Words repealed (E.W.S.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. IV Words repealed (E.W.S.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. IV S. 135 repealed (E.W.) (1.8.2007) by The Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), art. 1(1), Sch. para. 1(k) Words substituted by virtue of S.I. 1970/1681, arts. 2, 6(3) Words in s. 135(1) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8, Pt. II para. 11; S.I. 2000/2957, art. 2(3), Sch. 3 (as substituted by S.I. 2001/1148, art. 43) Words repealed (E.W.S.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. IV S. 135(1)(b) and word “or” immediately preceding it repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 135(1A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(2) (with arts 1(3). 4(11)) S. 135(2)(3) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 137(1)(2) repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) S. 137(3) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 137(4) repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) S. 139(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I Words repealed by S.I. 1973/2163, Sch. 6 Words substituted by S.I. 1973/2163, Sch. 5 para. 20(b) Words in s. 139(3) substituted (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 1 para. 3 Words in s. 139(3) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 91(2); S.I. 2011/2329, art. 3 S. 139(3A) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 91(3); S.I. 2011/2329, art. 3 S. 139(4) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. II S. 141 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Sch. 1 repealed (1.5.2007) by Postal Services Act 2000 (c. 26), s. 130(1), Sch. 9; S.I. 2007/1181, art. 2, Sch. Sch. 2 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Sch. 3 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Sch. 4 para. 2 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 3 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 4 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 7, 9 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 7, 9 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 11 repealed (E.W.S.) by Energy Act 1983 (c. 25, SIF 44:1), Sch. 4 Pt. I Sch. 4 paras. 12, 13 repealed by Electricity (Northern Ireland) Order 1972 and S.I. 1972/1072 (N.I. 9), Sch. 7 Sch. 4 para. 14 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Sch. 4 para. 15 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 20 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX Sch. 4 para. 21 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Sch. 4 para. 22 repealed (S.) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 11:2), s. 75(2), Sch. 8 Sch. 4 para. 23 repealed (E.W.) by Insolvency Act 1985 (c. 65, SIF 11:1), s. 235, Sch. 10 Pt. III Sch. 4 para. 24 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX Sch. 4 para. 25 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. II Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 27 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) and expressed to be repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1) Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 30 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Sch. 4 para. 31 repealed by Consumer Credit Act 1974 (c. 39, SIF 60), s. 192, Sch. 5 Pt. I Sch. 4 para. 32 repealed by Land Drainage Act 1976 (c. 70), Sch. 8 Sch. 4 para. 33 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 34repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 35 repealed by Solicitors (Northern Ireland) Order 1976 and S.I. 1976/582 (N.I. 12), Sch. 3 Sch. 4 para. 36 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 37 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23 Sch. 4 paras. 38, 45 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 34, 39, 40, 43 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 41 repealed (4.12.1997) by S.I. 1997/2779, art. 14, Sch. 3 Sch. 4 para. 42 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23 Sch. 4 paras. 34, 39, 40, 43repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 44 repealed by S.I. 1980/1085 (N.I. 11), Sch. 9 Sch. 4 paras. 38, 45repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 46 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Sch. 4 para. 47 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 9 Pt. II Sch. 4 para. 48 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 49 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII Sch. 4 para. 50 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX Sch. 4 para. 51 repealed (1.1.1996) by 1994 c. 40, s. 81, Sch. 17; S.I. 1995/2835, art. 2 Sch. 4 para. 52 repealed by Drainage (Northern Ireland) Order 1973 and S.I. 1973/69 (N.I. 1), Sch. 10 Sch. 4 para. 53 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I and expressed to be repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6 Sch. 4 para. 54 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 56 repealed (31.7.1996) by S.I. 1996/1141, art. 32(3), Sch. 5; S.R. 1996/267, art. 2 Sch. 4 para. 57 repealed by Solicitors (Amendment) Act 1974 (c. 26), Sch. 3 Pt. II Sch. 4 paras. 58, 61 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2 Words substituted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II Words inserted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2 Sch. 4 para. 60 repealed by S.I. 1973/69 (N.I. 1), Sch. 10 Sch. 4 paras. 58, 61 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 62–64 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 65 repealed by Highways Act 1980 (c. 66), Sch. 25 Sch. 4 para. 66 repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I Sch. 4 para. 67 repealed (E.W.S.) by Wages Act 1986 (c. 48, SIF 43:2), s. 33(5), Sch. 5 Pt. III Sch. 4 paras. 68, 72 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 69 repealed by Highways Act 1980 (c. 66), Sch. 25 Sch. 4 para. 70 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Sch. 4 para. 71 repealed by Town and Country Planning Act 1971 (c. 78), s. 292(2), Sch. 25 Sch. 4 paras. 68, 72 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 74 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 75 repealed by S.I.1980/1085 (N.I. 11), Sch. 9 Sch. 4 para. 76 repealed by Airports Authority Act 1975 (c. 78), Sch. 6 Sch. 4 para. 77 repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. III Sch. 4 para. 78 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II and New Towns Act 1981 (c. 64), s. 81, Sch. 13 Sch. 4 para. 79 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II Sch. 4 para. 80 repealed (E.W.) by Housing and Building Control Act 1984 (c. 29, SIF 61), Sch. 12 Pt. I Sch. 4 para. 81 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 4 para. 82 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Gp. 2. Sch. 4 para. 83 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11)) Sch. 4 para. 84 repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Sch. 4 paras. 85, 86 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 86 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 87 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 4 para. 88 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. II Sch. 4 para. 89 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I Sch. 4 para. 91 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Gp. 1 Sch. 4 para. 92 repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(a) (with arts. 1(3), 4(11)) Words in Sch. 4 para. 93 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 92(2); S.I. 2011/2329, art. 3 Words in Sch. 4 para. 93(1) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 92(3); S.I. 2011/2329, art. 3 Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(b) (with arts. 1(3), 4(11)) Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(c) (with arts. 1(3), 4(11)) Para 93(1)(i)(ii) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I; para. 93(1)(iii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II; para. 93(1)(iv) repealed (E.W.) by Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I Para. 93(1)(vi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(1)(viii) substituted by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(11) Para. 93(1)(ix) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Sch. 4 para. 93(1)(xi) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Para. 93(1)(xiii) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX Sch. 4 para. 93(1)(xiv) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Para. 93(1)(xv) repealed by Highways Act 1980 (c. 66), Sch. 25; para. 93(1)(xvi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(1)(xix) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II Sch. 4 para. 93(1)(xxiii) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts.1(3), 4(11)) Sch. 4 para. 93(1)(xxv) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 93(1)(xxvi) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Para. 93(1)(xxix) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II Para. 93(1)(xxxi) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Para. 93(1)(xxxii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Sch. 4 para. 93(1)(xxxiii) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I Sch. 4 para. 93(1)(xxxiv) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 4 para. 93(1)(xxxv) added (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 3 Words in Sch. 4 para. 93(1) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Para. 93(2)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(2)(b) (specifying Acquisition of Land (Authorisation Procedure) Act 1946) repealed by virtue of Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I (expressed as repealing sub-para. (2)(iv) in para. 93) Para. 93(2)(d) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(2)(e) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Para. 93(2)(f) repealed by S.I. 1976/1775, art. 6(2), Sch. 4 Para. 93(2)(g) repealed by Highway Act 1971 (c. 41), s. 86(2), Sch. 12 Para. 93(2)(h) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Paras. 93(2)(l)–(p) repealed by S.I. 1976/1775, art. 6(2), Sch. 4 Para. 93(2)(q) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Para. 93(2)(r) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(2)(s)(t) repealed by S.I. 1976/1775, art. 6(2), Sch. 4 Words in Sch. 4 para. 93(2) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(4) (with arts. 1(3), 4(11)) Sch. 4 para. 93(3) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Para. 93(4)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(4)(b) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(4)(c)(h) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Words substituted by New Towns Act 1981 (c. 64), Sch. 12 para. 5 Sch. 4 para. 93(4)(f) repealed (U.K. & Isle of Man) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Para. 93(4)(i) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Sch. 4 para. 93(4)(j) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I Sch. 4 para. 93(4)(k) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) WOrds in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(5)(a) (with arts. 1(3), 4(11)) Word in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(b) (with arts. 1(3), 4(11)) Words in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(5)(c) (with arts. 1(3), 4(11)) Sch. 4 para. 93(4A) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 92(4); S.I. 2011/2329, art. 3 Sch. 4 para. 94 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 98 repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II and expressed to be repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 100 repealed (26.3.2001) by S.I. 2001/648, art. 4(2), Sch. 2 Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 103 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11)) Sch. 4 para. 104 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11)) Sch. 5 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Words in Sch. 5 para. 1(1) substituted (25.9.2000) by 2000 c. 23, s. 82, Sch. 4 para. 2; S.I. 2000/2543, art. 3 Sch. 5 para. 2 repealed by S.I. 1969/1368, art. 9(b) Sch. 6 Pt. III: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 9 Group 1 Entry repealed by Merchant Shipping Act 1970 (c. 36), s. 100(3), Sch. 5 Entry repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 pt. II Sch. 6 Pt. III: entries repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7 Entry repealed by Statute Law (Repeals) 1973 (c. 39) Entry repealed by Insurance Companies Amendment Act 1973 (c. 58), ss. 54(3), 56, Sch. 2, Sch. 3 para. 40, Sch. 5 Entry repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 538(1), 539(1), Sch. 16 Entry repealed by Insurance Companies Amendment Act 1973 (c. 58), ss. 54(3), 56, Sch. 2, Sch. 3 para. 40, Sch. 5 Sch. 7 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 8 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Para. 2(4) inserted by British Telecommunications Act 1981 (c. 38), s. 89(2) Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 3(2) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34) Sch. 9 para. 3(5) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 6 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) Sch. 9 para. 7 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 14 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Words repealed (E.W.) by S.I. 1985/1936, reg. 3(2), Sch. 4 Words in Sch. 9 para. 17(5) repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), sch. 1 Sch. 9 para. 17(5)(c) repealed (8.11.1995) by 1995 C. 44, s. 1, Sch. 1 Pt. VI Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 20 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 9 para. 21 repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 537(1), 539, Sch. 16 Sch. 9 paras. 22–26 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Words in Sch. 9, para. 27(7) substituted (E.W.)(25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31(4), Sch. 6, para. 4 (with s. 84(5)); S.I. 1991/2067, art.3 Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23 Sch. 9 para. 27(8) repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II and para. 27(8) expressed to be repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3) Words substituted (as they apply in England and Wales) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(ii) Words substituted (E.W.) by virtue of S.I. 1970/1681, art. 2, 6(3) Sch. 9 para. 27(10) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Sch. 9 para. 27(11) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3) Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iii) Words in Sch. 9 para. 27(12)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iii) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iv) Words in Sch. 9 para. 27(14) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iv) Words substituted (as they apply in England and Wales) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(v) Words in Sch. 9 para. 27 substituted (U.K)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(b)(i) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(b)(i) Words in Sch. 9 para. 28(2) substituted (U.K)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(b)(ii) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(b)(ii) Words in Sch. 9 para. 29 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(c) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(c) Words in Sch. 9 para. 29 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(c) Words substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1) Sch. 9 paras. 31, 32 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 33 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) Sch. 9 para. 34 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17 S. 35 repealed (24.9.1996) by S.I. 1996/1919, arts. 256, 257, Sch. 3 (with saving in Sch. 2) Sch. 9 paras. 36–47 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 48 repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I Sch. 9 para. 49 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 9 para. 50 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 10 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Words inserted by Copyright, Design and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 11 Words inserted by Copyright, Design and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 11 Sch. 11 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Words in Sch. 9 para. 27(1)(2)(3) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16) Sch. 9 para. 27(4)(12)(c) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16) Words in Sch. 9 para. 27(7) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(i) Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23 Sch. 9 para. 27(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3) Words in Sch. 9 para. 27(9) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(ii) Words substituted (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Sch. 9 para. 27(10) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Sch. 9 para. 27(11) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3) Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iii) Words in Sch. 9 para. 27(12)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iii) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iv) Words in Sch. 9 para. 27(14) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iv) Words in Sch. 9 para. 27(15) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(v) Words in Sch. 9 para. 27(15) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(v) Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1 1.10.1969 appointed by S.I. 1969/1066 as the day which in the repealed s. 1(1) of the Act is specified as being referred to in the Act as the “appointed day” Act explained by British Telecommunications Act 1981 (c. 38), s. 66(6) Unreliable marginal note Pt. III (ss. 6–88) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(c) The text of ss. 20(2), 22(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 49 extended by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 46(2) S. 86(1): by s. 84(2)(a) of the Local Government Act 1985 it is provided that until 1.4.1986 references to the Inner London Education Authority in any amendment made by Sch. 14 to the said Act shall be construed as references to the Inner London Interim Education Authority S. 86(1) extended (E.W.) by S.I. 1985/1884, art. 4(f) S. 86(1) amended by S.I. 1987/2110, art. 8(c) The text of s. 108(1)(a)(b)(d)(f) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 121: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 para.15 The text of ss. 132(1), 137(1)(2), 141(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 132(1), 137(1)(2), 141(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. References to Acts or enactments of the Parliament of Northern Ireland to be construed as including references to Measures of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1(1)(2) The text of Sch. 4 paras. 2(8)(10)(15)(22), 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681, art. 2 The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 6 Pt. III is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Sch. 9 para. 17(2)(a) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI Sch. 9 para. 48: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5 , 7(2), Sch. 3 Pt. II para.15 1949 c. 39. 1865 c. 87. 1876 c. iii. 1913 c. cxvi. 1954 c. xxix. 1959 c. 43. 1966 c. 25. 1930 c. clxxix. 1950 c. v. 1949 c. 39. 1992 c. 12 1981 c. 38. 1954 c. 62. 1947 c. 44. 1915 c. 89. 1916 c. 24. 1963 c. 18. 1958 c. 6 (7 & 8 Eliz. 2). 1968 c. 13. 1929 c. 29. 1978 c. 30. 1964 c. 98. 1948 c. 28 (N.I.) 1950 c. 11 (N.I.) 1939 c. 15 (N.I.) 1961 c. 62. 1961 c. 62. 1948 c. 28 (N.I.) 1919 c. 100. 1953 c. 14 (N.I.). S.I. 1981/156 (N.I.3). 1878 c. 76. 1890 c. 70. 1961 c. 12 (N.I.) 1965 c. 13 (N.I.) 1878 c. 76. 1960 c. 37. 1962 c. 14 (N.I.). 1965 c. 20 1966 c. 27. 1968 c. 30 (N.I.) 1947 c. 42. 1948 c. 17. 1948 c. 28 (N.I.) S.I. 1980/1085. (N.I.11) 1949 c. 97. 1954 c. 56. 1961 c. 33. 1961 c. 41. 1962 c. 58. 1963 c. 51. 1964 c. 40. 1967 c. 86. 1968 c. 16. 1968 c. 47. 1947 c. 42. 1962 c. 58. 1964 c. 40. 1962 c. 58. 1968 c. 16. 1959 c. 25. 1959 c. 25. 1863 c. 112. 1868 c. 110. 1887 c. 40 1896 c. 25. 1907 c. 51. 1925 c. 23. 1929 c. 29. 1947 c. 44. 1956 c. 46. 1959 c. 22 1961 c. 62. 1957 c. 19 (N.I.). 1959 c. 25 (N.I.). 1949 c. 54. 1964 c. 21. 1967 c. 72. 1953 c. 36. 1869 c.73. 1949 c. 54. 1953 c. 36. 1892 c. 59. 1899 c. 38. 1936 c. 49. 1961 c. 64. 1957 c. 40. 1959 c. 25. 1963 c. 33. 1944 c. 3 (N.I.) 1958 c. 6 (7 & 8 Eliz. 2). 1939 c. 117. 1968 c. 13. 1925 c. 20. 1881 c. 41. 1947 c. 44. 1949 c. 87. 1949 c. 87. 1949 c. 87. 1949 c. 87. 1949 c. 87. 1949 c. 87. 1949 c. 87. 1949 c. 88. 1949 c. 88. 1949 c. 88. 1949 c. 88. 1949 c. 88. 1949 c. 88. An Act to abolish the office of master of the Post Office, distribute the business conducted by the holder thereof amongst authorities constituted for the purpose and make provision consequential on the abolition of that office and the distribution of the business so conducted; to amend, replace or repeal certain provisions of the enactments relating to posts, telegraphs and savings banks; to amend the law relating to stamp duty; and to empower the Treasury to dispose of their interest in the shares of Cable and Wireless Limited.
On such day as Her Majesty may by Order in Council appoint for the purposes of this Act (in this Act referred to as the " appointed day "), the office of master of the Post Office shall cease to exist.
The following provisions of this Act shall have effect for the purpose of distributing powers and duties, and rights and liabilities, of the person for the time being holder of the office of master of the Post Office and property used or appropriated for use for, or in connection with, the discharge of that person's functions, and of making other provision whereof the making is for the most part rendered necessary or expedient in consequence of the abolition of the office of master of the Post Office.
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such of the functions of the Postmaster General as are transferred to him by, or by virtue of, the following provisions of this Act; and
such functions as are conferred on him by those provisions.
Schedule 1 to the Ministers of the Crown Act 1964 (provisions as to new Ministers and their departments) shall apply (except as provided in subsection (4) below) to the Minister of Posts and Telecommunications, and references in that Schedule to the Minister and the Ministry shall be construed accordingly.
The offices of Minister of Posts and Telecommunications and of Parliamentary Secretary to the Ministry of Posts and Telecommunications shall be included—
among the ministerial offices referred to in section 2 of the House of Commons Disqualification Act 1957 (maximum number of Ministers in the House of Commons); and
among the offices in respect of which salaries are payable, at the annual rates of £8,500 and £3,750 respectively, under section 1 of the Ministerial Salaries Consolidation Act 1965.
So much of Schedule 1 to the Ministers of the Crown Act 1964 as provides for the defraying of expenses out of moneys provided by Parliament shall not apply to expenses of the Minister of Posts and Telecommunications consisting in the making by him, in exercise of powers conferred by this Act, of a loan.
Schedule 2 to the Parliamentary Commissioner Act 1967 (which specifies departments and authorities subject to investigation under that Act) shall have effect as if, after the reference to the Ministry of Overseas Development, there were inserted a reference to the Ministry of Posts and Telecommunications.
In the following provisions of this Act, “the Minister” means the Secretary of State . . .
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in Schedule 2 to the House of Commons Disqualification Act 1957, immediately before the words " Minister of Power " there shall be inserted the words " Minister of Posts and Telecommunications " and immediately before the words "Parliamentary Secretary to the Ministry of Power " there shall be inserted the words " Parliamentary Secretary to the Ministry of Posts and Telecommunications "; and
Minister of Posts and Telecommunications £8,500 and immediately before the entry (under the heading " Parliamentary Secretaries ") relating to the Ministry of Power there shall be inserted the following entry— Ministry of Posts and Telecommunications £3,750
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in relation to Scotland, means a county council or a town council;
those of the Wireless Telegraphy Act 1949 which remain in force on and after that day and those of the Wireless Telegraphy Act 1967 ; and
so much of advances made under section 9 of the Post Office Act 1961 by the Treasury to the Postmaster General as remains outstanding immediately before that day; and
obstructs a person in the exercise of powers conferred on him under this section ; or
those of the Television Act 1964;
so much of the amount referred to in section 13(2) of that Act as remains outstanding immediately before that day;
fails or refuses to give to a person any assistance which he is, under this section, under a duty to give to him ;
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references in those provisions to the Postmaster General (except those in section 5 of the Wireless Telegraphy Act 1967), and the first reference to him in section 24(4) of the Merchant Shipping (Safety and Load Line Conventions) Act 1932 (report of dangers to navigation) shall be construed as referring to the Minister, and references to the Postmaster General in the said section 5, the second and third references to him in the said section 24(4) and the references to him in section 9(3) of the Defamation Act 1952 (extension to broadcasting of certain defences) and of the Defamation Act (Northern Ireland) 1955 shall be construed as including references to the Minister ; and
any reference to the Postmaster General in a provision of regulations, rules or a licence under the Wireless Telegraphy Act 1949 or the Wireless Telegraphy Act 1967 which is in force at the beginning of that day shall (unless the context otherwise requires) be construed as referring to the Minister and any reference to an officer of the Post Office in any such provision shall (unless the context otherwise requires) be construed as referring to a person acting under the authority of the Minister
As from the appointed day.—
section 2(1) of the Wireless Telegraphy Act 1949 (fees and charges for wireless telegraphy licences) shall, subject to the foregoing subsection, have effect as originally enacted, and not as amended by section 16(4) of the Post Office Act 1961 (which dispenses, in certain cases, with the requirement of the consent of the Treasury to the making of regulations under the first-mentioned section);
Schedule 1 to the Wireless Telegraphy Act 1949 (procedure in relation to suspension and revocation of authorities to wireless personnel) shall have effect with the substitution, for paragraph 3 thereof, of the following paragraph:—.
The Minister shall, as from the appointed day, have power to make, in such cases or classes of cases as the Treasury may determine, refunds of sums paid under section 2(1) of the Wireless Telegraphy Act 1949 (fees and charges for wireless telegraphy licences).
A payment made in exercise of the power conferred by the last foregoing subsection shall be defrayed out of sums received under the Wireless Telegraphy Act 1949 by the Minister.
The surplus of sums received under the Wireless Telegraphy Act 1949 by the Minister over sums paid in exercise of the power conferred by subsection (3) above shall from time to time be paid into the Consolidated Fund of the United Kingdom (hereafter in this Act referred to as the " Consolidated Fund "), and any sums received under section 11(4) of the Wireless Telegraphy Act 1967 by the Minister shall be so paid.
Section 20(3) of the Wireless Telegraphy Act 1949 (power of Her Majesty in Council to extend that Act to the Isle of Man and the Channel Islands) shall have effect as if the reference to that Act included a reference to the foregoing provisions of this section, and section 36 of the Merchant Shipping (Safety and Load Line Conventions) Act 1932 (application of Part I of that Act to British possessions) shall have effect as if any reference to that Part included a reference to the said provisions.
The functions which are vested in the Postmaster General by virtue of section 6 of the Commonwealth Telegraphs Act 1949 (provisions as to pensions of employees of Cable and Wireless Limited and certain other persons) shall, on the appointed day, vest in the Minister; and, accordingly, as from that day, references in that section to the Postmaster General shall be construed as referring to the Minister.
The power conferred by subsection (3) of section 1 of the Recorded Delivery Service Act 1962 on the Postmaster General by order to make such amendments of enactments contained in local or private Acts as appear to him to be necessary or expedient in consequence of subsection (1) of that section shall, on the appointed day, vest in the Minister; and, accordingly, as from that day, the reference to the Postmaster General in the said subsection (3) and the reference to him in subsection (4) of that section (which lays on him a duty of consultation before making an order under subsection (3)) shall each be construed as referring to the Minister.
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There shall be established a public authority, to be' called the Post Office, which shall have such powers and duties as are conferred and imposed on it by, or by virtue of, the following provisions of this Act; so, however, that, until the appointed day, the purpose for which its powers are exercised shall be restricted to the preparation for the assumption by it of functions theretofore discharged by the Postmaster General.
The Post Office shall consist of a chairman and, to a number not exceeding twelve nor falling short of— of other members, whether part-time or full-time.
three, as regards the period beginning with the day on which this Act is passed and ending with the day immediately preceding the appointed day; and
six, after the expiration of that period,
The chairman of the Post Office shall be appointed by the Minister, and the other members of the Post Office shall be appointed by the Minister after consultation with the chairman.
Schedule 1 to this Act shall have effect as respects the Post Office and the members thereof.
It is hereby declared that the Post Office is not to be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown, or (subject to the express provisions of this Act relating to stamp duty) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that its property is not to be regarded as property of, or property held on behalf of, the Crown.
The Post Office shall have power—
to provide postal services (including cash on delivery services) and telecommunication services ;
to provide a banking service of the kind commonly known as a giro system and such other services by means of which money may be remitted (whether by means of money orders, postal orders or otherwise) as it thinks fit;
to provide data processing services ; and
to perform services for Her Majesty's Government in the United Kingdom, Her Majesty's Government in Northern Ireland or the government of a country or territory outside the United Kingdom or for local or national health service authorities in the United Kingdom.
The Post Office shall have power, for the purpose of securing the effective exercise of any of the powers conferred on it by the foregoing subsection, or in connection with or in consequence of an exercise thereof, to do anything that appears to the Post Office to be requisite, advantageous or convenient for it to do, including in particular (but without prejudice to the generality of the foregoing words) power— and may turn its resources to account so far as not required for the purposes of its business.
to construct, manufacture, produce, purchase, take on hire or hire-purchase, install, maintain and repair anything required for the purposes of its business or of the business of a subsidiary of its;
to construct, manufacture, produce or purchase for supply to others any articles of a kind similar to any so required and to install, maintain, repair and test for others articles of such a kind ;
to provide others with the services of persons employed by it for the purpose of undertaking for them tasks of a kind which, in the course of the provision or performance by it of any service falling within the foregoing subsection, are undertaken by persons so employed;
to provide, for the benefit of others, consultancy and advisory services concerning anything that it does in exercise of its powers or has power to do and facilities for the training of persons for any purpose connected with anything that it so does or has power to do;
to enter into and carry out agreements with any person for the carrying on by him, whether as its agent or otherwise, of any of the activities which itself may carry on or for the carrying on jointly by him and it of any of those activities;
to acquire land which is required by it for, or in connection with, the exercise of its powers or as to which it can reasonably be foreseen that it will be so required ;
to dispose (whether absolutely or for a term of years) of any part of its undertaking or any property which in its opinion is not required by it for or in connection with the exercise of its powers, and, in particular, to dispose of an interest in, or right over, any property which, subject to the interest or right, is retained by it;
for the purposes of its business, to subscribe for or acquire any securities of an incorporated company or other body corporate, to procure its admission to membership of an incorporated company limited by guarantee and not having a share capital, to promote the formation of an incorporated company or participate in the promotion of such a company or to acquire an undertaking or part of an undertaking;
to give or lend money to, or give a guarantee for the benefit of, any person with whom it has entered into an agreement by virtue of paragraph (e) above for the purpose of enabling him to carry out the agreement and, for the purposes of its business, to give or lend money to, or give a guarantee for the benefit of, any other person for the purposes of an undertaking carried on by him or, where that person is a body corporate, an undertaking carried on by a subsidiary of its ;
to do anything for the purpose of advancing the skill of persons employed by it or that of persons who, though not so employed, are engaging themselves, or have it in contemplation to engage themselves, in work of a kind in the case of which it has or may have a direct or indirect concern in the products thereof;
to promote (either by prosecuting it itself or by its promoting it by others) research into matters which affect, or arise out of, the carrying on of its business, or other matters which, though not such as aforesaid, are such as to which it appears to it that advantage will or may accrue to it as a consequence of research's being prosecuted into them;
to promote the doing of such work as is requisite to enable there to be turned to account—
the results of research (whether promoted by it or not) into matters affecting, or arising out of, the carrying on of its business ;
the results of research promoted by it into other matters;
to provide assistance (including financial assistance) to any institution or body whose activities (or any of them) are such as, in its opinion, to be of benefit to it;
to carry for hire or reward passengers in vehicles used by it for the purposes of its business ;
to enter into, and carry out, agreements with persons who carry on business as carriers of goods, for the carriage by it on their behalf of goods consigned to them for carriage by them ;
to provide houses, hostels and other like accommodation for persons engaged in its business ;
to make loans to persons employed by it (including, in particular, loans to assist them to acquire housing accommodation) and to guarantee loans made to persons so employed (including, in particular, loans made by building societies and other bodies for housing purposes);
to promote recreational activities for, and activities conducing to the welfare of, persons who are, or have been, engaged in its business or have been officers, servants or agents of the Postmaster General and the families of such persons- and to assist the promotion by others of such activities;
For the avoidance of doubt, it is hereby declared that the foregoing provisions of this section relate only to the capacity of the Post Office as a statutory corporation, and nothing in those provisions shall be construed as authorising the disregard by it of any enactment or rule of law.
The Post Office shall not be regarded as a common carrier in respect of any of its activities.
The provisions of this section shall not be construed as limiting any power of the Post Office conferred by or under any subsequent provision of this Act.
Nothing in this section shall be taken to confine the exercise of the powers thereby conferred on the Post Office to the British Islands.
to furnish any authority or person outside the United Kingdom with assistance (whether financial, technical or of any other nature) if, in its opinion, the consequences of doing so will enure for its benefit;
to enter into, and carry out, agreements with the Minister of Overseas Development whereunder it acts, at the expense of that Minister, as the instrument by means whereof technical assistance is furnished by him in exercise of the power conferred on him by section 1(1) of the Overseas Aid Act 1966.
It shall be the duty of the Post Office (consistently with any directions given to it under the following provisions of this Part of this Act) so to exercise its powers as to meet the social, industrial and commercial needs of the British Islands in regard to matters that are subserved by those powers and, in particular, to provide throughout those Islands (save in so far as the provision thereof is, in its opinion, impracticable or not reasonably practicable) such services for the conveyance of letters and such telephone services as satisfy all reasonable demands for them.
In discharging the duty imposed on it by the foregoing subsection, the Post Office shall have regard—
to the desirability of improving and developing its operating systems;
to developments in the field of communications; and
to efficiency and economy.
Subsection (1) above shall not be taken to preclude the Post Office from interrupting, suspending or restricting, in case of emergency, any service provided by it.
Nothing in this section shall be construed as imposing upon the Post Office, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court.
The Minister may, after consultation with the Post Office, give to it such directions of a general character as to the exercise by it of its powers as appear to the Minister to be requisite in the national interest.
If it appears to the Minister that there is a defect in the general plans or arrangements of the Post Office for exercising any of its powers, he may, after consultation with it, give it directions of a general character for remedying the defect.
Without prejudice to the foregoing provisions of this section, if it appears to the Minister to be requisite or expedient so to do— he may, after consultation with the Post Office, give to it directions requiring it (according to the circumstances of the case) to secure that a particular thing that it or a subsidiary of its is doing is no longer done or that a particular thing that it has power to do, but is not being done either by it or by a subsidiary of its, is so done.
in the interests of national security or relations with the government of a country or territory outside the British Islands; or
in order—
to discharge, or facilitate the discharge of, an obligation binding on Her Majesty's Government in the United Kingdom by virtue of its being a member of an international organisation or a party to an international agreement;
to attain, or facilitate the attainment of, any other object the attainment of which is, in the Minister's opinion, requisite or expedient in view of Her Majesty's Government in the United Kingdom being a member of such an organisation or a party to such an agreement; or
to enable Her Majesty's Government in the United Kingdom to become a member of such an organisation or a party to such an agreement;
If it appears to the Minister that the Post Office is showing undue preference to, or is exercising undue discrimination against, any person or persons of any class or description in the charges or other terms and conditions applicable to services provided by it, being services which, by virtue of the following provisions of this Part of this Act, it has the exclusive privilege of providing, he may, after consultation with the Post Office, give it such directions as appear to him requisite to secure that it ceases so to do.
The Post Office shall comply with directions given to it under any of the foregoing provisions of this section.
The Post Office shall not disclose any directions given to it under any of the foregoing provisions of this section if the Minister notifies it that he is of opinion that it is against the interests of national security to do so.
In the case of a wholly owned subsidiary of the Post Office, it shall so exercise the rights conferred on it by the holding of its interest therein as to secure that no person is appointed to be a director of the subsidiary except after previous consultation with the Minister as to his suitability for appointment.
The Post Office, in carrying out any such work of development as involves substantial outlay on capital account and, if it has subsidiaries, in securing the carrying out by them of any such work, shall act in accordance with a general programme settled from time to time with the approval of the Minister.
The Post Office shall furnish the Minister with such returns, accounts and other information with respect to its property and activities, and, if it has subsidiaries, with respect to their property and activities, as he may from time to time require.
Without prejudice to the provisions of the last foregoing subsection, the Post Office shall, as soon as possible after the end of each accounting year, make to the Minister a report on the exercise and performance by it of its functions during that year (which shall include such particulars as the Minister may, after consultation with the Post Office and with the approval of the Treasury, direct with respect to its activities and those of its subsidiaries so far as consisting in the construction, manufacture or production of articles in that year), and the Minister shall lay a copy of every such report before each House of Parliament.
The report made under the last foregoing subsection for any year shall set out any directions given under this section by the Minister to the Post Office during that year, except such (if any) as were the subject of notifications under subsection (6) above.
Subject to the provisions of this section, the Minister may, after consultation with the Post Office, give to it a direction that it shall do, for Her Majesty's Government in the United Kingdom or Her Majesty's Government in Northern Ireland, work of such a description as may be specified in the direction, being work consisting in the effecting of transactions in normal business hours in such parts of post offices as are open to the public during those hours for the transaction of postal business.
Subject to the provisions of this section, the Minister may, after consultation with the Post Office, give to it a direction that it shall, in normal business hours, issue, on behalf of a local authority in Great Britain specified in the direction, licences of the following kinds (or of such of them as may be so specified) namely:— but so that no direction be given under this subsection with reference to a local authority except at its request.
dog licences;
licences for dealing in game ; and
licences for killing game ;
Subject to the provisions of this section, the Minister may, after consultation with the Post Office, give to it a direction that it shall, in normal business hours, issue licences under the Vehicles (Excise) Act (Northern Ireland) 1954 on behalf of a county council or county borough council in Northern Ireland specified in the direction, but so that no direction be given under this subsection with respect to such a council except at its request.
The Post Office shall comply with a direction given to it under subsection (1), (2) or (3) above.
In the event of a dispute's arising as to the places at which, days on which or periods during which work is to be done in compliance with a direction given under subsection (1) above or licences are to be issued in compliance with a direction given under subsection (2) or (3) above, it shall be determined by the Minister.
The Minister shall not give a direction under subsection (1), (2) or (3) above or proceed to a determination under the last foregoing subsection except after taking into consideration the administrative arrangements of the Post Office for the time being in force and the facilities available to it for the time being for doing the work in question or, as the case may be, issuing the licences in question and for exercising and performing its other functions.
In consideration Of its complying with a direction given under subsection (1) above, the Post Office shall be entitled to receive payment from the Crown (of an amount to be determined, in the event of a dispute's arising as to the amount thereof, by the Minister), and the direction may include provision as to the person by whom the payment is to be made and the manner in which it is to be defrayed.
In consideration of its complying with a direction given under subsection (2) above with reference to a local authority in Scotland, the Post Office shall be entitled to receive payment from that authority (of an amount to be determined, in the event of a dispute's arising as to the amount thereof, by the Minister).
In consideration of its complying with a direction given under subsection (3) above, the Post Office shall be entitled to receive payment from the Crown in right of Her Majesty's Government in Northern Ireland (of an amount to be determined, in the event of a dispute's arising as to the amount thereof, by the Minister).
No direction shall be given under this section requiring the Post Office to do anything before the appointed day.
Consultation with the Minister by the Post Office shall be requisite before it or a subsidiary of its constructs, manufactures or produces, for the relevant purpose, things of any kind to an extent substantially greater than that to which the Postmaster General constructed, manufactured or produced, for the corresponding purpose, things of that kind during the period beginning with the 1st April 1961 and ending with the day immediately preceding the appointed day; and it shall similarly be requisite before the Post Office or a subsidiary of its constructs, manufactures or produces, to a substantial extent for the relevant purpose, things of a kind that the Postmaster General did not construct, manufacture or produce for the corresponding purpose during that period.
The approval of the Minister shall be requisite to the carrying on by the Post Office or a subsidiary of its of activities consisting in the construction, manufacture, production or purchase for supply to outside persons of things for use by such persons otherwise than in connection with services provided by the Post Office or a subsidiary of its; and—
the approval of the Minister may be given for the purposes of this subsection subject to such conditions (if any) as he may deem fit; but
notwithstanding the giving of approval, the Minister may at any time, after consultation with the Post Office, direct it to discontinue or, as the case may be, to exercise its control over a subsidiary of its so as to require the subsidiary to discontinue, any activity that the Post Office or, as the case may be, the subsidiary is carrying on with approval.
The Minister shall publish, in such manner as he thinks fit, particulars of any approval given under the last foregoing subsection by him, and shall send them to the Confederation of British Industry and the Trades Union Congress.
In carrying on any activities to which subsection (2) of this section applies the Post Office shall act as if it were a company engaged in a commercial enterprise, and it shall so exercise its control over a subsidiary of its that carries on any such activities as to ensure that the subsidiary so acts.
In this section.— and, for the purposes of this section, the assembly of an article in the course of its installation at the place where it is to be used shall not be taken to constitute its manufacture, construction or production.
" outside persons" means persons other than the Post Office or its subsidiaries;
" the relevant purpose " means the purpose of use by the Post Office or a subsidiary of its or of supply to outside persons for use by them in connection with services provided by the Post Office or a subsidiary of its; and
" the corresponding purpose " means the purpose of use by the Postmaster General or of supply to others for use by them in connection with services provided by him;
There shall be established, in accordance with the provisions of this section.— and the Post Office Users' National Council is hereafter in this section referred to as " the National Council" and the councils mentioned in paragraph (b) above are so referred to as " Country Councils".
a users' council for the British Islands, to be called " the Post Office Users' National Council " ; and
a users' council for Scotland, to be called " the Post Office Users' Council for Scotland ", a users' council for Wales and Monmouthshire, to be called " the Post Office Users' Council for Wales and Monmouthshire " and a users' council for Northern Ireland, to be called " the Post Office Users' Council for Northern Ireland " ;
The National Council shall consist of— and, in appointing members in pursuance of paragraph (c) above, the Minister shall have regard to the desirability of having members who are familiar with the special requirements and circumstances of particular parts of the British Islands.
a chairman appointed by the Minister;
the chairmen of the Country Councils;
such other members, not exceeding twenty-six, as the Minister may appoint after consultation with such bodies as appear to him to be representative of the interests of persons likely to be concerned with matters within the competence of the Council;
such other members, not exceeding three, as the Minister may appoint without any such consultation;
Each of the Country Councils shall consist of a chairman appointed by the Minister and such other members, not exceeding twenty-four, as the Minister may appoint after consultation with the chairman and such bodies in the part of the United Kingdom for which the Council is to be or is established as appear to him to be representative of the interests of persons likely to be concerned with matters within the competence of the Council.
A person appointed to be a member of a council established under this section shall hold and vacate office in accordance with the terms of his appointment; but, notwithstanding anything in those terms, he may at any time resign his office by notice in writing to the Minister.
A person who has held office as a member of a council established under this section shall be eligible for reappointment.
The Minister and the Post Office may each refer to the National Council, for consideration and report, any matter relating to the services provided by the Post Office.
In the case of each of the Country Councils, the Minister and the Post Office may each refer to it for consideration and report a matter relating to services provided by the Post Office that affects persons in the part of the United Kingdom for which the Council is established (being persons for whom those services are provided), but does not affect others, but neither shall refer to it any other matter.
It shall be the duty of each of the Country Councils—
to consider— and, if it is of opinion that action ought to be taken with respect to any such matter, to give to the Minister, the Post Office and the National Council notice of that fact (stating whether or not the matter was the subject of a representation made to the Council) and of the action which the Council thinks ought to be taken;
any matter relating to the services provided by the Post Office in the part of the United Kingdom for which the Council is established which is the subject of a representation (other than one appearing to the Council to be frivolous) made to the Council by, or on behalf of, a user in that part of the United Kingdom of those services; and
any matter relating to the services so provided in that part of the United Kingdom which appears to the Council to be one to which consideration ought to be given by it notwithstanding that no representation has been made to it with respect to it;
to consider any matter which is referred to it under the last foregoing subsection and to report thereon to the Minister and the Post Office.
It shall be the duty of the National Council—
to consider— and, if it is of opinion that action ought to be taken with respect to any such matter, to give to the Minister and the Post Office notice of that fact (stating whether or not the matter was the subject of a representation made to the Council) and of the action which the Council thinks ought to be taken ;
any matter relating to the services provided by the Post Office in the British Islands which is the subject of a representation (other than one appearing to the Council to be frivolous) made to the Council by or on behalf of a user of the services so provided in those Islands ; and
any matter relating to the services so provided in those Islands which appears to the Council to be one to which consideration ought to be given by it notwithstanding that no representation has been made to it with respect to it;
to consider the subject-matter of a notice given to it in pursuance of subsection (8)(a) above by a Country Council and to transmit to the Minister, the Post Office and that Council its observations thereon ;
to consider any matter referred to it under subsection (6) above and to report thereon to the Minister and the Post Office.
Where it falls to the National Council to consider a matter that affects persons in a part of the United Kingdom for which one of the Country Councils is established, being persons for whom services are provided by the Post Office, but does not affect persons elsewhere for whom services are so provided, it shall be the duty of the National Council to consult with that Country Council with respect to that matter.
Every council established under this section shall meet when convened by the chairman thereof, but not less frequently than twice a year; and, without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of the council.
Minutes shall be kept of the proceedings at each meeting of each of the councils established under this section but, subject to that, each of those councils may determine its own quorum and procedure.
It shall be the duty of each of the Country Councils to comply with a requisition made on it by the National Council for a copy of the minutes of a specified meeting of the Council.
Each of the councils established under this section shall, as respects each accounting year, make to the Minister a report on the exercise and performance by the council of its functions during that year and the Minister shall lay a copy of each such report before each House of Parliament.
Each of the councils established under this section shall be furnished by the Minister with such officers and staff as appear to him to be requisite for the proper discharge of its functions, and with such office accommodation and equipment, and such services, as appear to him to be so requisite.
The Minister may pay such allowances and remuneration to the chairman of the National Council and the officers and staff of any of the councils established under this section as he may determine and such allowances to the members of any of those councils (other than the chairman of the National Council) as he may determine; and may pay such expenses of any of those councils as he may determine.
The Minister may pay such allowances as he may determine to members of any body recognised by him, after consultation with the National Council, to be assisting the Council to ascertain the opinion of users of services provided by the Post Office in any part of the British Islands, and may pay such expenses of a body so recognised as he may determine ; but he shall not recognise a body to be assisting the National Council to ascertain the opinion of users of services so provided in any part of the United Kingdom for which one of the Country Councils is established except after consultation with that Council.
Notwithstanding section 1(3) of the Post Office Act 1961, any expenses incurred by the Postmaster General in the discharge, by virtue of section 2(6) of this Act, of the duty imposed by subsection (15) above or the exercise, by virtue of the said section 2(6), of the power conferred by subsection (16) or (17) above shall be defrayed out of moneys provided by Parliament, and moneys so provided for the payment by the Postmaster General of those expenses shall be excepted from the operation of section 1(2) of the Post Office Act 1961.
The approval of the Minister for the Civil Service shall be requisite as regards the number of persons to be furnished under subsection (15) above and to a determination under subsection (16) or (17) above by the Minister relating to allowances or remuneration, and the approval of the Treasury shall be requisite to a determination under either of the last-mentioned subsections by the Minister relating to the expenses of a body.
Part III of Schedule 1 to the House of Commons Disqualification Act 1957 (which specifies offices whereof the holders are disqualified under that Act) shall, in its application to the House of Commons of the United Kingdom, be amended by inserting, at the appropriate point in alphabetical order, the words " Chairman of the Post Office Users' National Council ".
Before the Post Office so puts into effect any major proposals relating to any of its main services as to affect the persons for whom they are provided, it shall be incumbent on it, subject to the next following subsection, to refer the proposals to, and consult thereon with, the Post Office Users' National Council.
The foregoing subsection shall not apply to proposals containing no matter other than such as is requisite to comply with a direction given by the Minister under section 11(3) or (4) or 12 of this Act or matter ancillary to matter such as is so requisite.
Any question arising whether or not any proposals are major proposals or relate to a main service shall be referred to the Minister, whose decision shall be final.
The validity of any action taken by the Post Office shall not be impugned on the ground that it was taken otherwise than in pursuance of proposals that had been the subject of a reference under subsection (1) above, but ought not to have been so taken.
On the appointed day, there shall vest by virtue of this section in the Post Office—
all property which, immediately before that day, is vested in the Postmaster General and held in trust for Her Majesty;
all works and apparatus belonging to the Postmaster General to which the enactments relating to telegraphs apply;
the portions of the tube laid by the Pneumatic Despatch Company, Limited, that are vested in the Postmaster General under the Post Office (Pneumatic Tubes Acquisition) Act 1922;
all estates and interests in land in the Channel Islands which, immediately before that day, are vested in Her Majesty, being estates and interests in land then occupied or used, in whole or in part, by the Postmaster General or (for, or in connection with, the exercise and performance of any of the Postmaster General's functions) by an officer or servant of the Crown;
all property which, immediately before that day, is vested in the Crown and used, or appropriated for use, for, or in connection with, the exercise and performance of any of the Postmaster General's functions (being neither land nor property falling within paragraph (b) or (c) above);
all interests of the Minister of Public Building and Works in the land delineated (and coloured blue) on the plans deposited in connection with the Bill for this Act with that Minister and authenticated by the signature of the Postmaster General (being land in the City of Edinburgh which, though held by that Minister, is occupied by the Postmaster General);
all rights and liabilities enjoyed by, or incumbent on, the Crown immediately before that day with reference to the functions of the Postmaster General (including, in particular, but without prejudice to the generality of the foregoing words, all rights so enjoyed, and liabilities so incumbent, that subsist by virtue of a contract entered into by the Minister of Public Building and Works on behalf of the Crown for the erection or execution of buildings or works on land in whose case an estate or interest therein vests in the Post Office by virtue of paragraph (a) above, not being land which, immediately before that day, is the subject of an agreement to which the parties are the Postmaster General, the Minister of Public Building and Works and the Post Office for the conveyance, assignment or transfer by the Post Office to that Minister of the estate or interest that so vests).
The following shall be excepted from the operation of the foregoing subsection, namely.—
chattels or corporeal moveables used, or appropriated for use, exclusively for, or in connection with, the exercise and performance by the Postmaster General of his functions under the Government Annuities Act 1929, the Post Office Savings Bank Acts 1954 and 1966, the National Debt Act 1958 or the National Loans Act 1968, not being telegraphic apparatus;
records within the meaning of the Public Records Act 1958;
copyright (other than copyright in registered designs);
property for whose vesting in the Post Office or the Minister of Public Building and Works provision is made by the following provisions of this Act;
rights and liabilities for whose vesting in the Post Office provision is so made ;
rights and liabilities enjoyed by, or incumbent on, the Crown referable solely to the exercise and performance by the Postmaster General of his functions under the Wireless Telegraphy Acts 1949 to 1967 (other than rights and liabilities that subsist by virtue of a contract for the supply of chattels or corporeal moveables or by virtue of such a contract to which the Minister of Public Building and Works is a party as falls within subsection (1)(g) above);
rights and liabilities enjoyed by, or incumbent on, the Crown referable solely to the exercise and performance by the Postmaster General of his functions under the Government Annuities Act 1929, the Post Office Savings Bank Acts 1954 and 1966, the National Debt Act 1958 or the National Loans Act 1968 (other than rights and liabilities that subsist by virtue of such a contract to which the Minister of Public Building and Works is a party as falls within subsection (1)(g) above);
rights and liabilities that subsist by virtue of section 46 of the Patents Act 1949 or paragraph 1 of Schedule 1 to the Registered Designs Act 1949 (Crown use of patented inventions and registered designs);
rights and liabilities that subsist by virtue of a contract entered into by the Controller of Her Majesty's Stationery Office on behalf of the Crown; and
rights and liabilities that subsist under such a contract entered into on behalf of the Crown as falls within subsection (1) of section 18 of this Act (it being assumed that subsection (2) thereof had been omitted).
If it appears to the Minister expedient so to do for the purpose of removing any difficulties or uncertainties arising out of the operation of the last foregoing section, he may by order—
direct that such property (other than land), rights or liabilities as may be specified in the order (being property, rights or liabilities which, apart from the order, would vest in -the Post Office by virtue of that section or which have so vested) shall, notwithstanding that section, not so vest or, as the case may be, be deemed not to have so vested ; or
direct that such property (other than land), rights or liabilities as may be so specified (being property, rights or liabilities which, apart from the order, would not so vest or which have not so vested) shall, notwithstanding that section, so vest on the appointed day or, as the case may be, on such day as may be so specified.
No order shall be made under this section by the Minister with respect to chattels or corporeal moveables after the expiration of the period of twelve months beginning with the appointed day.
Where an order under this section operates to the advantage of the Post Office, the Minister may, with the consent of the Treasury, direct that the debt that will fall, or has fallen, by virtue of the following provisions of this Part of this Act, to be assumed by the Post Office to him shall be increased by a sum specified in the direction (being a sum appearing to him to represent the value of the advantage); and where an order under this section operates to the disadvantage of the Post Office, the Minister may, with the like consent, direct that that debt shall be reduced by a sum specified in the direction (being a sum sufficient, in his opinion, to compensate the Post Office for the disadvantage).
Where a contract entered into on behalf of the Crown by the Postmaster General contains provision conferring on the Crown (otherwise than by reference to the office of master of the Post Office and incidentally only to other matters with which the contract is principally concerned) rights in respect of a patent, invention or registered design, the rights of the Crown subsisting by virtue of the contract (other than such as subsist by virtue of that provision) and the liabilities of the Crown so subsisting (other than such, if any, as relate to payment in respect of an exercise of rights that so subsist) shall, on the appointed day, vest in the Post Office by virtue of this section but the Post Office shall—
enjoy, concurrently with the Crown and subject to the like liability (if any) as is incumbent on the Crown to make payment in respect of an exercise thereof, the Crown's rights under the contract that so subsist and
be liable to satisfy any unsatisfied liability of the Crown to make payment in respect of an exercise by the Postmaster General, on behalf of the Crown, of those rights.
In so far as a contract provides for the terms upon which use of an invention may be made by virtue of section 46 of the Patents Act 1949 for the manufacture of articles by the department of the Postmaster General or the manufacture and supply to that department of articles by a person authorised by it or provides for the terms upon which use of a registered design may be made by virtue of paragraph 1 of Schedule 1 to the Registered Designs Act 1949 for either of these purposes, it shall be excepted from the operation of the foregoing subsection.
On the appointed day, the assets of the Post Office Fund and of the general reserve maintained by the Postmaster General in pursuance of section 7 of the Post Office Act 1961 shall, by virtue of this section, vest in the Post Office, and that fund and that reserve shall cease to exist.
On the appointed day, there shall vest in the Post Office, by virtue of this section.—
all moneys in the hands of the Postmaster General which, though not forming part of the assets of the Post Office Fund, would, if this Act had not passed, have fallen to be paid by him into that fund ;
any right of the Postmaster General to repayment of Ways and Means advances made by him under section 11 (investment powers) of the Post Office Act 1961;
any bills or securities vested in him in consequence of an exercise of the power of investment conferred on him by that section ; and
any shares acquired by him under Part VII of this Act.
On the appointed day—
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the rights which, by virtue of sections 33, 34, 36(1) and 42 of the principal Act (which contain provisions enabling him to compel railway undertakers to undertake the conveyance of mail-bags by train and by ships which are owned or worked by them or in the case of which they are parties to arrangements for the use, maintenance or working thereof) he enjoys immediately before that day and the countervailing obligations with respect to payment of remuneration for services performed which, immediately before that day, are, by virtue of sections 35 and 36(2) of the principal Act, incumbent on him shall become those of the Post Office;
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the obligation to him which, by virtue of subsection (1) of section 38 of the principal Act, is, immediately before that day, incumbent on railway undertakers to perform services with respect to the conveyance of mail-bags and the other matters mentioned in that subsection and the right which, by virtue of subsection (2) of that section, they enjoy, immediately before that day, to receive from him remuneration for services performed shall respectively become an obligation to the Post Office and a right against it.
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sections 29, 33 to 36, 38, 44 and 45 of the principal Act shall have effect as if, for references to the Postmaster General, there were substituted references to the Post Office ; and
sections 39, 40 and 41 of that Act (which respectively prohibit railway undertakers from making byelaws, &c, which militate against the provisions of that Act relating to the conveyance of mails by railway, provide for the manner in which notices may be served under that Act on railway undertakers and penalize certain refusals and neglects by such undertakers in the matter of the conveyance of mails by railway) shall have similar effect.
On the appointed day, the rights and liabilities which, by virtue of the provisions of the Telegraph Acts which are not repealed by this Act, are enjoyed by, and incumbent on, the Postmaster General immediately before that day shall become those of the Post Office, and it shall become subject to the restrictions imposed by those provisions to which the Postmaster General is subject immediately before that day; and, accordingly.—
on that day, so much of section 2 of the Telegraph Act 1868 as provides that the term " the company " in the Telegraph Act 1863 shall, in addition to the meaning assigned to it in that Act, mean the Postmaster General shall cease to have effect; and
as from that day, references in the said provisions and in section 20 of the Public Utilities Street Works Act 1950 (which extends the powers exercisable under section 21 of the Telegraph Act 1863) to the company and to the Postmaster General (except references in such of those provisions as are expressly dealt with by the following provisions of this Act and except the first two references to the company in section 30 of the Telegraph Act 1863, the first three such references in section 33 of that Act, the ninth reference to the Postmaster General in section 6 of the Telegraph Act 1878, the first reference to him in the Telegraph (Construction) Act 1911 and the first reference to him in the Telegraph (Construction) Act 1916) shall be construed as referring to the Post Office, except so far as the context excludes such a construction, and the excepted references in the said sections 30, 33 and 6 and those in the two last-mentioned Acts shall be construed as including references to the Post Office.
In this section "the Telegraph Acts" means the Telegraph Act 1863, the Telegraph Act 1868, the Telegraph Act 1870, the Telegraph Act 1878, the Telegraph (Isle of Man) Act 1889, the Telegraph Act 1892, the Telegraph (Construction) Act 1908, the Telegraph (Arbitration) Act 1909, the Telegraph (Construction) Act 1911 and the Telegraph (Construction) Act 1916.
Any provision of the Sites Acts, the Post Office Extension Act 1865, the Manchester Post Office Act 1876, the Post Office (London) Railway Act 1913, the Post Office (Site and Railway) Act 1954, the Post Office Works Act 1959 or the Post Office Subway Act 1966 which is in force immediately before the appointed day and contains references to the Postmaster General shall, so far as necessary for preserving its effect on and after that day, have effect as from that day as if those references were references to the Post Office.
As from the appointed day, any rights or powers vested in, or exercisable by, the Post Office under the enactments relating to telegraphs in respect of works of any kind whatsoever executed under those enactments shall extend to, and may be exercised by it in respect of, the portions of the tube constructed by the Pneumatic Despatch Company, Limited, that vest in the Post Office by virtue of section 16 of this Act.
Section 20 of the Bristol Cattle Market Act 1930 (which empowers the Postmaster General, amongst others, to enter into and carry out agreements with reference to any of the matters referred to in that Act or the agreements mentioned in that section) shall, as from the appointed day, have effect with the substitution, for the reference to the Postmaster General, of a reference to the Post Office.
Section 16 of the City of London (Various Powers) Act 1950 (which provides for the continuance of the making, by the Postmaster General, the Mayor and commonalty and citizens of the city of London acting by the common council and the Mercers’ Company of certain periodic payments to the incumbents and clerks of certain benefices in the city, being payments originally required to be made under enactments repealed by that Act) shall, as from the appointed day, have effect as if, in Schedule 1 to that Act, for references to the Postmaster General, there were substituted references to the Post Office; and the rights of indemnity in favour of the Postmaster General that are saved by the proviso to section 18 of that Act shall, as from that day, enure for the benefit of the Post Office and the charges on property to secure the payment of money payable to the Postmaster General in respect of indemnities so saved which are themselves also saved by that proviso shall, as from that day, have effect accordingly.
The reference in subsection (1) above to the Sites Acts is a reference to the Acts passed during the years 1885 to 1938 (both inclusive) the short title of each of which consists of the words “The Post Office (Sites) Act” followed by the year in which it was passed.
Subject to the restriction imposed by the following subsection, as from the appointed day, the privilege with respect to the conveyance of letters and the performance of services of receiving, collecting, despatching and delivering letters which, by virtue of section 3 of the Post Office Act 1953 is (subject to the exceptions provided for by that section) enjoyed by the Postmaster General at the passing of this Act, shall (subject to the like exceptions) become that of the Post Office; and, accordingly, as from that day.—
that section shall have effect as if, for references to the Postmaster General, there were substituted references to the Post Office ; and
section 4 of that Act (which penalizes infringements of the privilege conferred by the said section 3) and sections 26 to 28 thereof (which make provision for securing the due transmission of postal packets carried in ships or aircraft inward bound) shall have similar effect.
The said restriction is that the power to authorise letters to be sent, conveyed and delivered otherwise than by post and the collection of letters otherwise than by an officer of the Post Office which is conferred by the proviso to subsection (1) of the said section 3 and with which the Post Office becomes invested by virtue of the foregoing subsection shall not be exercisable except with the consent of, or in accordance with the terms of a general authority given by, the Minister.
Subject to the following provisions of this Act, as from the appointed day, the Post Office shall have throughout the British Islands, the exclusive privilege of running systems for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy of—
speech, music and other sounds ;
visual images;
signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sound or visual images ; and
signals serving for the actuation or control of machinery or apparatus.
In the case of an infringement, in relation to a system not extending beyond the British Islands, of the privilege conferred by the foregoing subsection, the person running the system (or, if different people run different parts of it, each of them), shall be guilty of an offence and liable.— and, in the case of an infringement, in relation to a system extending beyond those Islands, of that privilege, the person running the portion of the system within those Islands (or, if different people run different parts of it, each of them) shall be guilty of an offence and similarly liable.
on summary conviction, to a fine not exceeding £400;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both,
Where a body corporate is guilty of an offence under this section and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In this subsection, the expression "director ", in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
In any proceedings in respect of an offence under this section consisting in the running of a system in the case of which, at the time of the commission of the offence, different parts were run by different persons, it shall be a defence for the defendant to prove that a part of the system had been included without his knowledge and that, had it not been, the running of the system would not have constituted an infringement of the privilege conferred by subsection (1) above.
The privilege conferred by subsection (1) of the last foregoing section is not infringed by—
the running of a system in the case of which the only agency involved in the conveyance of things thereby conveyed is light and the things thereby conveyed are so conveyed as to be capable of being received or perceived by the eye and without more;
the running by a person of a system in the case of which all the apparatus comprised therein is situate either—
on a single set of premises occupied by him; or
in a vehicle, vessel, aircraft or hovercraft or in two or more vehicles, vessels, aircraft or hovercraft mechanically coupled together ; or
the running by a single individual of a system in the case of which—
all the apparatus comprised therein is under his control; and
everything conveyed by it that falls within paragraphs (a) to (d) of the said subsection (1) is conveyed solely for domestic purposes of his.
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in a case in which all the apparatus therein comprised is situate in the British Islands, no person except him or the Post Office is concerned in the control of the apparatus;
in any other case, no person except him or the Post Office is concerned in the control of so much of the apparatus as is so situate ;
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that nothing falling within paragraphs (a) to (d) of subsection (1) of the last foregoing section is conveyed by the system by way of rendering a service to another;
that, in so far as sounds or visual images are conveyed by the system, they are not conveyed for the purpose of their being heard or seen by persons other than the person carrying on that business or any servants of his engaged in the conduct thereof ;
that in so far as such signals as are mentioned in paragraph (c) of that subsection are conveyed by the system, they are not conveyed for the purpose of imparting matter otherwise than to the person carrying on that business, any servants of his engaged in the conduct thereof or things used in the course of that business and controlled by him; and
that, in so far as such signals as are mentioned in paragraph (d) of that subsection are conveyed by the system, they are not conveyed for the purpose of actuating or controlling machinery or apparatus used otherwise than in the course of that business.
In the case of a system in the case of which all the apparatus therein comprised is let on hire by the Post Office, the said privilege is not infringed by the running of the system by the person to whom the apparatus is let on hire; and in the case of a system in the case of which part of the apparatus comprised therein consists of apparatus let on hire by the Post Office to a person, the said privilege is not infringed by the running by him of so much of the system as comprises the last-mentioned apparatus.
In this section "business " includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporated, and " vessel" means a vessel of any description used in navigation.
The privilege conferred by subsection (1) of section 24 of this Act is not infringed by a broadcasting authority by reason only of the transmission by it, by wireless telegraphy, of sounds or visual images from a transmitting station for general reception direct from that station, nor is it infringed by the reception of sounds or visual images transmitted, by wireless telegraphy, from a transmitting station for general reception direct from that station or through the medium of a relay service licensed under the Wireless Telegraphy Act 1949.
In this section, "broadcasting authority " means a person licensed under the Wireless Telegraphy Act 1949 to broadcast programmes for general reception and " wireless telegraphy" has the same meaning as in that Act.
A licence may, with the consent of, or in accordance with the terms of a general authority given by, the Minister, be granted by the Post Office, either unconditionally or subject to any conditions specified in the licence, and either irrevocably or subject to revocation as therein specified, for the running of any such system falling within subsection (1) of section 24 of this Act as is specified in the licence ; and nothing done under, and in accordance with, a licence granted under this subsection shall constitute an infringement of the privilege conferred by that subsection.
A licence granted under the foregoing subsection shall, unless previously revoked in accordance with any terms in that behalf contained in the licence, continue in force for such period as may be specified therein.
A licence granted under subsection (1) above may be granted either to all persons, to persons of a class or to a particular person, and may include (without prejudice to the power to impose conditions conferred by that subsection) conditions requiring the rendering to the Post Office of a payment on the grant of the licence or the rendering to it of periodic payments during the currency of the licence, or both.
A payment required by virtue of this section to be rendered to the Post Office may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.
A licence granted under subsection (1) above (not being one expressed to be granted to a specified person) shall be published in such manner as appears to the Post Office to be appropriate for bringing it to the attention of the persons for whose benefit it will enure, and a licence expressed to be so granted must be in writing.
No person shall be concerned to inquire whether the grant of a licence under subsection (1) above was, or was not, effected with the consent of, or in accordance with the terms of a general authority given by, the Minister; and the validity of a licence granted under that subsection shall not be impugned on the ground that it was granted neither with the consent of, nor in accordance with the terms of a general authority given by, him.
In the application of subsection (4) above to Scotland, the words " as if it were a simple contract debt" shall be omitted.
Section 6(1) of this Act shall not operate so as to preclude the grant by the Post Office before the appointed day of licences under subsection (1) above.
For the purposes of a licence granted under subsection (1) above, the definition of a class of persons may be framed by reference to any circumstances whatever.
The Post Office may make, as respects any of the services provided by it, a scheme for determining either or both of the following, namely.— but so that no provision be included in any such scheme for limiting liability of the Post Office for loss or damage or for amending the rules of law with respect to evidence.
the charges which (save in so far as they are the subject of an agreement between it and a person availing himself of those services) are to be made by it; and
the other terms and conditions which (save as aforesaid) are to be applicable to those services;
A scheme made under this section may, as respects the services to which it relates, adopt such system for the determination of the charges or other terms and conditions or (as the case may be) the charges and other terms and conditions that are to be applicable as may appear desirable and, in particular and without prejudice to the generality of the foregoing words, may, in all or any cases, leave the determination thereof to the Post Office subject to such (if any) conditions and limitations as may be provided for in the scheme.
A scheme made under this section may, as respects the services to which it relates, specify the manner in which, time at which and person by whom the charges that are to be applicable are to be paid.
A scheme made under this section may make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
A charge exigible by virtue of this section may be recovered by the Post Office in any court of competent jurisdiction as if it were a simple contract debt.
A scheme made under this section may revoke or amend any previous scheme so made.
A scheme made under this section shall come into operation on such day as is specified therein, not being earlier than the day after that on which publication of the scheme in the London, Edinburgh and Belfast Gazettes has been effected; and conclusive evidence of a scheme so made may be given, in all courts of justice and in all legal proceedings whatsoever, by the production of a copy of any of those Gazettes purporting to contain it.
In the application of subsection (5) above to Scotland, the words " as if it were a simple contract debt" shall be omitted.
Save as provided by the next following section, no proceedings in tort shall lie against the Post Office in respect of any loss or damage suffered by any person by reason of—
anything done or omitted to be done in relation to anything in the post or omission to carry out arrangements for the collection of anything to be conveyed by post;
failure to provide, or delay in providing, a telecommunication service, apparatus associated therewith or a service ancillary thereto;
failure, interruption, suspension or restriction of a telecommunication service or a service ancillary thereto or delay of, or fault in, communication by means of a telecommunication service; or
error in, or omission from, a directory for use in connection with a telecommunication service.
No officer or servant of the Post Office or person who, not being such an officer or servant, is a sub-postmaster or telephone exchange attendant shall be subject, except at the suit of the Post Office, to any civil liability for any loss or damage in the case of which liability of the Post Office therefor is excluded by the foregoing subsection.
No person engaged in or about the carriage of mail and no officer, servant, agent or sub-contractor of such person shall be subject except at the suit of the Post Office to any civil liability for any loss or damage in the case of which liability of the Post Office therefor is excluded by subsection (1) of this section.
In the application of subsection (1) above to Scotland, the reference to proceedings in tort shall be construed in the same way as in section 43(b) of the Crown Proceedings Act 1947.
Subject to the provisions of this section, proceedings shall lie against the Post Office under this section, but not otherwise, in respect of loss of, or damage to, a registered inland packet in so far as the loss or damage is due to any wrongful act done or any neglect or default committed by an officer, servant or agent of the Post Office while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet; but no proceedings shall lie under this section in relation to a packet unless begun within the period of twelve months beginning with the day on which the packet was posted.
For the purposes of any proceedings under this section in relation to a packet it shall be presumed, until the contrary is shown, that loss of, or damage to, the packet was due to a wrongful act done, or neglect or default committed by, an officer, servant or agent of the Post Office while performing or purport-ting to perform such functions of his as aforesaid.
The amount recoverable in any proceedings under this section in relation to a packet shall not exceed—
the market value of the packet (excluding the market value of any message or information which it bears) at the time when the cause of action arises; or
the maximum amount available under a scheme made under section 28 of this Act for compensating the persons aggrieved having regard to the fee paid in respect of the registration of the packet.
The Post Office shall not be liable under this section in respect of a packet unless any such conditions as are required by a scheme under section 28 of this Act to be complied with in relation to registered inland packets have been complied with in the case of the packet.
No relief shall be available under this section in relation to a packet except upon a claim by the sender or the addressee of the packet; and the sender or addressee of the packet shall be entitled to claim any relief available under this section in respect of the packet, whether or not he is the person damnified by the injury complained of, and to give a good discharge in respect of all claims in respect of the packet under this section: but where the court is satisfied, upon an application by a person who is not the sender or addressee of the packet, that the sender and the addressee are unable or unwilling to enforce their remedies in respect of the packet under this section, the court may, upon such terms as to security, caution, costs, expenses and otherwise as the court thinks just, allow that other person to bring proceedings under this section in the name of the sender or the addressee of the packet.
Where, by virtue of the last foregoing subsection, a person recovers any money or property which, apart from that sub' section, would have been recoverable by some other person, the money or property so recovered shall be held on trust for that other person.
In this section—
" inland packet " means anything which is posted in the British Islands for delivery at a place in those Islands to the person to whom it is addressed ;
Sections 6, 43, 88.
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Sections 41, 88.
Cash.
Money held on current account by other bankers on behalf of the Post Office in its capacity as the provider, in exercise of the power conferred on it by virtue of section 7(1)(b) of this Act, of a banking service.
Loans repayable either on demand or not later than the expiration of the period of fourteen days beginning with the day next following that on which notice is given to the borrower requiring repayment, being loans in the case of each of which the following condition is satisfied on each day on which it is outstanding, that is to say, that it is secured on one or more of the following, namely,—
Treasury bills and bills of Her Majesty’s Government in Northern Ireland;
accepted and transferable bills of exchange payable at a fixed period after date or sight expiring before the end of the fifth anniversary of that day;
marketable fixed interest securities issued by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of that anniversary;
marketable fixed interest securities in the case of which the payment of interest thereon is guaranteed by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of that anniversary.
Loans of either of the kinds mentioned in paragraph 9 of Part II of Schedule 1 to the Trustee Investments Act 1961, being loans repayable as mentioned in the last foregoing paragraph.
Treasury bills payable not more than ninety-one days from date and bills of Her Majesty’s Government in Northern Ireland so payable.
Assets of such other class as may from time to time be designated for the purposes of this Part of this Schedule by the Post Office with the approval of the Treasury.
Cash.
Money held as mentioned in paragraph 2 above.
Loans of the class specified in paragraph 3 above.
Loans of the class specified in paragraph 4 above.
Treasury bills and bills of Her Majesty’s Government in Northern Ireland.
Assets of a class for the time being designated under paragraph 6 above.
Marketable fixed interest securities issued by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
Marketable fixed interest securities in the case of which the payment of interest thereon is guaranteed by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
Loans of either of the kinds mentioned in paragraph 9 of Part II of Schedule 1 to the Trustee Investments Act 1961, being loans made on terms that they will, without any demands’ being made, or notices’ being given, by the persons entitled to repayment, be repaid before the end of the fifth anniversary of the day on which they are made.
Securities of the kind mentioned in the said paragraph 9, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
Assets of such other class as may from time to time be designated for the purposes of this Part of this Schedule by the Post Office with the approval of the Treasury.
Section 56.
For any reference in Schedule 5 to the Roads Act (Northern Ireland) 1948 to an authority or a local authority or to the functions of a local authority as a road authority there shall be substituted a reference to the Post Office or to the functions of the Post Office as the case may require.
For any reference in Schedules 5 and 6 to the said Act of 1948 to the Ministry within the meaning of that Act there shall be substituted a reference to the Minister.
Paragraph 2(2) of the said Schedule 5 shall be omitted. In paragraph 2(3)(c) of the said Schedule 5, after the word “served”, there shall be inserted the words “by post by means of the recorded delivery service”.
For any reference in the said Schedules to the said Act of 1948 there shall be substituted a reference to this Act.
For the purposes of a vesting order in respect of an estate in land, being an estate less than a fee simple, the said Schedule 5 shall have effect with such modifications as may be necessary to enable such an estate to be acquired by means of the vesting order and to enable compensation in respect thereof to be duly paid or discharged and (without prejudice to the generality of the foregoing provisions) shall have effect as if for the words in paragraph 5 of the said Schedule 5 from “A vesting order” to “under this Schedule” there were substituted the following words— “ A vesting order shall operate, without further assurance, to vest in the Post Office, as from the date on which the vesting order becomes operative (in this Schedule referred to as “the date of vesting”), all such estates in, to or over the land to which the order relates as are specified in the order, freed and discharged from all the estates of any other person whosoever therein except in so far as is otherwise expressly provided in the order, and the rights and claims of any such other person in respect of an estate so vested shall, as from the date of vesting be transferred and attached, to the extent to which compensation may be payable in accordance with this Schedule, to the funds of the Post Office (in this Schedule referred to as “the compensation fund”) and shall be discharged by payments made by the Post Office ”. In the said paragraph 5, for the words from “be the date” onwards there shall be substituted the words “be the date on which the vesting order becomes operative or the date of the lodgment of the vesting order with the registering authority under that Act, whichever is the later”.
In paragraph 10 of the said Schedule 5, for the words from “signed” to the end of head (b), there shall be substituted the words “signed by such person as may be designated for the purposes of this Schedule by the Post Office”.
Sections 76, 88, 139.
In this Schedule “the authority” means the authority established by section 6 of this Act.
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section 45 of the Telegraph Act 1863 (omission to transmit or deliver message ; improper divulging of message, &c.);
section 20 of the Telegraph Act 1868 (improper disclosure or interception of message); and
sections 8, 9 and 10 of the Telegraph Act 1878 (destruction of, or injury to, telegraphic lines ; obstruction of execution of works in connection with such lines ; mode of prosecution of offences under Telegraph Acts);
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The reference to the Postmaster General in section 2(1) of the Telegraph Act 1899 (payment of expenses of exercise of powers under telephone licence) to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.
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section 26 of the Electric Lighting Act 1882;
section 4 of the Electric Lighting Act 1888 and regulations made under that section ;
sections 10, 14, 60, 69 and 79 of the Schedule to the Electric Lighting (Clauses) Act 1899 and the definition of "telegraphic line " in section 1 of that Schedule ;
section 22(4) and (5) of the Electricity (Supply) Act 1919 ;
section 25(3) of the Electricity (Supply) Act 1922 ;
section 9(3) of the Electricity Act 1947 ;
regulations made, or having effect as if they had been made, under section 60 of the last-mentioned Act; and
section 28(8) of the Electricity Act 1957 ;
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As from the appointed day, references to a private generating station in section 11 of the Electricity (Supply) Act 1919 (restrictions on the establishment of new generating stations) shall be construed as including references to a generating station (within the meaning of that Act) for the generation of electricity for use wholly or mainly for the purposes of the authority’s undertaking.
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As from the appointed day, references to the Postmaster General in section 40(2) to (4) of the Electricity (Supply) Act (Northern Ireland) 1948 (saving for power of certain Ministers) shall be construed as referring to the authority.
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As from the appointed day, the reference to the Postmaster General in section 15 (savings) of the Public Health Acts Amendment Act 1890 shall be construed as referring to the authority.
As from the appointed day, the reference to Her Majesty's Postmaster General in section 132 of the Burgh Police (Scotland) Act 1892 (erection of telegraph poles, &c, in streets) shall be construed as referring to the authority.
As from the appointed day, the reference to the Postmaster General in section 4(1)(f) of the Congested Districts (Scotland) Act 1897 (guarantees for telegraph extensions, &c), shall be construed as referring to the authority.
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As from the appointed day, the reference in section 10 of the Public Health Act 1925 (Crown rights) to works or apparatus belonging to the Postmaster General shall be construed as referring to works or apparatus belonging to the authority.
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As from the appointed day, references to the Postmaster General in paragraphs 4, 5(3) and 36 of Schedule 4 to the Water (Scotland) Act 1946 (which paragraphs contain a protection for telegraphic lines from interference) shall be construed as referring to the authority. The reference in the foregoing sub-paragraph to Schedule 4 to the Water (Scotland) Act 1946 shall be construed as including a reference to that Schedule as incorporated or applied by or under any enactment in force at the beginning of the appointed day.
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As from the appointed day, the reference to the Post Office in section 12(3)(b) of the Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.
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Where any work proposed to be done on or after the appointed day by the Northern Ireland Housing Executive in pursuance of a clearance or demolition order or a re-development scheme made by them under the Housing (Northern Ireland) Order 1981 involves, or is likely to involve, an alteration in a telegraphic line belonging to, or used by, the authority, paragraphs (1) to (8) of section 7 of the Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the Northern Ireland Housing Executive. Where, in pursuance of an order under section 22 of the Housing of the Working Classes Act 1890, section 14 of the Housing Act (Northern Ireland) 1961, Article 51 of the Housing (Northern Ireland) Order 1981 or section 25 of the New Towns Act (Northern Ireland) 1965, that comes into operation on or after the appointed day, a public right of way over land is extinguished and, immediately before the day on which the order comes into operation, there is under, in, on, over, along or across the land a telegraphic line of the authority’s, the authority shall have the same powers in respect of the line as if the order had not come into operation; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required. In this paragraph “telegraphic line” and “alteration” have the same meanings as in the Telegraph Act 1878.
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As from the appointed day, section 3 of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (access to telegraphic lines, &c.) shall have effect as if for the words " Postmaster General" there were substituted the words " Post Office " and as if, in subsection (1), for the words " he " and " him " there were substituted the word " it ".
As from the appointed day, references in section 45(1) and (2) of the Opencast Coal Act 1958 (provisions as to telegraphic lines) to the Postmaster General shall be construed as referring to the authority. Section 45(3) of the said Act of 1958 shall, in relation to an order coming into force on or before the appointed day, have effect as if, for the second reference to the Postmaster General, there were substituted a reference to the authority and, in relation to an order coming into force after that day, have effect as if, for each reference to the Postmaster General, there were substituted a reference to the authority.
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“money order” means a money order issued by the Postmaster General or the Post Office and “postal order” means a postal order so issued
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As from the appointed day, the references to the Postmaster General in section 53 of the Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.
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As from the appointed day, the reference in section 1(4) of the Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.
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As from the appointed day, the Schedule to the Building Control Act 1966 (which specifies bodies in the case of which work carried out by them is exempt from control under that Act) shall have effect as if, at the end thereof, there were added a reference to the authority.
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in subsection (1), for the reference to the Postmaster General, there were substituted a reference to the authority ; and
in subsection (2), the words " except where that authority is the Postmaster General" and the words " or, where that authority is the Postmaster General, may invite him to appoint a representative so to act" were omitted.
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As from the appointed day, the authority shall be deemed to be a public utility undertaking for the purposes of section 1 of the Local Government and Roads Act (Northern Ireland) 1968.
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A universal service provider ... in connection with the provision of a universal postal service ... shall be deemed to be a statutory undertaker and his undertaking so far as relating to the provision of a universal postal service a statutory undertaking for the purposes of the following enactments, namely,— . . .. In the following enactments, namely,— “the appropriate Minister” shall, in relation to a universal service provider ... , mean the Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In the following enactments, namely,— In the application of this sub-paragraph to Scotland, for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State. In this paragraph “universal service provider” and “universal postal service” have the same meaning as in Part 3 of the Postal Services Act 2011. This paragraph shall come into operation on the appointed day.
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Nothing in— shall affect any powers of the authority under the enactments relating to telegraphs or apply to any telegraphic lines placed or maintained by the Postmaster General or the authority by virtue of those enactments. In this paragraph, “special enactment” has the same meaning as in the Highways Act 1959.
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Nothing in a local Act passed in the same Session as this Act shall authorise the doing of anything constituting an infringement of the privilege conferred by section 24(1) of this Act.
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Sections 77, 88.
In any proceedings against a person in respect of an offence under section 45 of the Telegraph Act 1863 consisting in the improper divulging of the purport of a message or communication or an offence under section 20 of the Telegraph Act 1868 it shall be a defence for him to prove that the act constituting the offence was done under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000, under section 11(9) of that Act or in pursuance of a requirement imposed by the Interception of Communications Commissioner under section 58(1) of that Act or imposed by section 68(6) of that Act or by or in accordance with any rules under section 69 of that Act.. Subsection (2) of section 58 of the Post Office Act 1953 (warrants in Northern Ireland and the Isle of Man) shall apply for the purposes of the foregoing sub-paragraph as it applies for the purposes of subsection (1) of that section.
Section 63 of the Post Office Act 1953 shall have effect as if, in subsection (6) thereof, for the words “any stamp for denoting a current rate of postage of any country outside the British postal area” , there were substituted the words “any current stamp for denoting a rate of postage of any country outside the British postal area”.
Sections 94, 114
Provision amended and Subject-matter thereof Amendment Section 2 (general power to make regulations). In subsection (1), for the words " The Postmaster General, with the consent of the Treasury, may make regulations", there shall be substituted the words " The Treasury may make regulations ", and the words " in his department" shall be omitted; and, in subsection (2), for the words " post office savings banks " and the words " the Postmaster General", there shall be substituted, respectively, the words " the National Savings Bank " and the words " the Director of Savings ". Section 4 (limit on amount of deposits). In subsection (1), the words " by the Postmaster General" shall be repealed. Section 6 (withdrawal). For the words " the authority of the Postmaster General" there shall be substituted the word " authority "; and for the words " any Post Office where deposits are received or paid ", there shall be substituted the words " any place at which deposits can be withdrawn ". Section 7 (regulations as to deposits). In subsection (1), for the words " The power of the Postmaster General with the consent of the Treasury to make regulations ", there shall be substituted the words " The power of the Treasury to make regulations "; in paragraphs (a), (b) and (e), for the words " a post office savings bank " and the words " any post office savings bank", there shall be substituted the words " the National Savings Bank "; in paragraphs (d) and (g), for the words " the Postmaster General", there shall be substituted the words " the Director of Savings " ; for paragraph (f), there shall be substituted the following paragraph:—; and, in paragraph (l), the words " the Postmaster General to treat as a depositor in a post office savings bank" shall be omitted, and, at the end of that paragraph, there shall be added the words " to be treated as a depositor "; and, in subsection (2), for the words " a post office savings bank ", there shall be substituted the words " the National Savings Bank ". Section 8 (settlement of disputes). In subsection (1), for the words " the Postmaster General", there shall be substituted the words " the Director of Savings "; in subsection (2), for the words " the Postmaster General" there shall be substituted the words " the Director of Savings "; in subsection (4), for the words " books belonging to the Postmaster General", there shall be substituted the words " books of the National Savings Bank "; and, in subsection (5), for the words " the Postmaster General", there shall be substituted the words " the Director of Savings ". Section 10 (secrecy). In subsection (1), for the words " the Postmaster General", there shall be substituted the words " the Director of Savings ". Section 11 (transfer of deposits to other savings banks). In subsection (1), the words " under this Act" shall be repealed, and for the words " the Postmaster General " there shall be substituted the words " the Director of Savings "; in subsections (4) and (5), for the words " the Postmaster General", there shall be substituted the words " the Director of Savings "; and, in subsection (6), for the words " the post office savings bank ", there shall be substituted the words " the National Savings Bank ". Section 12 (transfer of deposits from other savings banks). In subsection (1), for the words " a post office savings bank", there shall be substituted the words " the National Savings Bank "; in subsection (2), for the words " to any person authorised to receive deposits under this Act", there shall be substituted the words " at any place where the business of the National Savings Bank is transacted ", and the words " made under this Act" shall be repealed; in subsection (5), for the words " the post office savings bank", there shall be substituted the words " the National Savings Bank "; and, in subsection (6), for the words " the Postmaster General" there shall be substituted the words " the Director of Savings ". Section 13 (transfer of deposits from and to overseas savings banks). In subsection (1), for the words " the Postmaster General" there shall be substituted the words " the Director of Savings ", and for the words " the post office savings bank" (in both places where they occur) there shall be substituted the words " the National Savings Bank " : in subsection (2), the reference to an arrangement's having been made under subsection (1) shall be construed as including a reference to an arrangement's having been made under that subsection by the Postmaster General before the appointed day, and for the words " the Postmaster General may place any amount transferred in pursuance of those arrangements to the post office savings bank", there shall be substituted the words " the Director of Savings may cause any amount transferred in pursuance of the arrangement to the National Savings Bank to be placed "; and, in subsection (3), for the words " Regulations made under this Act by the Postmaster General with the consent of the Treasury ", there shall be substituted the words " Regulations made under this Act by the Treasury ". Section 14 (deposits by charitable societies, &c). In subsections (1) and (2), for the words " a post office savings bank ", there shall be substituted the words " the National Savings Bank "; in subsection (3), for the words " The Postmaster General " there shall be substituted the words " The Director of Savings ", and, for the words " a post office savings bank " there shall be substituted the words " the National Savings Bank "; and, in subsection (4), for the words " any obligation on the Postmaster General as respects his receiving any funds" there shall be substituted the words " any obligation on the National Savings Bank to receive funds ".
Provision amended and Subject-matter thereof Amendment Section 1 (investment deposits). In subsection (1), for the words " received under the Post Office Savings Bank Act 1954 (in this Act referred to as ' the principal Act') may be so " there shall be substituted the words " may be "; in subsection (2), the words " made in a post office savings bank" shall be repealed; and, in subsection (3), after the words "The following provisions of" there shall be inserted the words " the Post Office Savings Bank Act 1954, in this Act referred to as ". Section 2 (terms of investment deposits). In subsection (1), for the words " as the Postmaster General may from time to time by regulations made with the consent of the Treasury prescribe" there shall be substituted the words " as the Treasury may from time to time by regulations prescribe ", and for the words " the Postmaster General " (where secondly occurring) there shall be substituted the words " the Director of Savings "; in subsection (2), the words " the Postmaster General's" shall be omitted; and, in subsection (4), for the words " The Postmaster General " there shall be substituted the words " The Director of Savings ". Section 4 (investment by National Debt Commissioners). In subsection (1), for the words " the Postmaster General with the consent of the Treasury " there shall be substituted the words " the Treasury "; in subsection (2), for the words " the Postmaster General with the consent of the Treasury " there shall be substituted the words " the Treasury " and for the words " to the Postmaster General" there shall be substituted the words " to the Director of Savings "; and, in subsection (3), for the words " the Postmaster General" there shall be substituted the words " the Director of Savings ". Section 6 (making of deposits). For the words " the Postmaster General " there shall be substituted the words " the Treasury ".
Enactment amended and Subject-matter thereof Amendment . . . . . . Section 10 of the Savings Banks Act 1887 (issue, for specially low fee, of certificate of birth, marriage or death for purposes of Acts relating to savings banks and government annuities). For the words “Post Office Savings Banks” there shall be substituted the words “the National Savings Bank”. Section 44 of the Friendly Societies Act 1896 (investment of funds). In subsection (1)(a), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Rule 172 in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (disposal of money payable to persons under legal disability). In paragraph (f), in sub-paragraph (1), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”, and, in sub-paragraph (4), for the words “the Post Office Savings Bank” there shall be substituted the words “the Director of Savings”. Section 47A of the Administration of Estates Act 1925 (right of surviving spouse to have own life interest redeemed). In subsection (2), in rule 2, for the words “the purchase of an immediate life annuity from the National Debt Commissioners through the Post Office Savings Bank”, there shall be substituted the words “the purchase, under the Government Annuities Act 1929, of an immediate savings bank annuity”. Section 27 of the Crown Proceedings Act 1947 (attachment of moneys payable by the Crown). In subsection (1), in the proviso, in paragraph (c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Section 46 of the Crown Proceedings Act 1947 (provisions as to arrestment). In the proviso, in paragraph (c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Section 38 of the Administration of Justice Act 1956 (attachment of debts). In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Section 143 of the County Courts Act 1959 (attachment of debts). In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Section 17 of the Trustee Investments Act 1961 (extension to the Isle of Man and the Channel Islands of so much of section 16 as relates to the Post Office Savings Bank and to trustee savings banks). In subsection (3), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Part I of Schedule 1 to the Trustee Investments Act 1961 (narrower-range invesments not requiring advice). In paragraph 2, for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
Section 25 of the Betting and Lotteries Act (Northern Ireland) 1957 (offences in connection with lotteries). In subsection (4)(c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Section 98 of the County Courts Act (Northern Ireland) 1959 (investment of funds in court). In subsection (2)(c), for the words “a Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
As soon as practicable after the appointed day, the Post Office shall pay sums equal in the aggregate to the difference between the aggregate of the sums paid by the Postmaster General in pursuance of section 2 of the Post Office Act 1961 (contributions by the Postmaster General in lieu of taxes, &c.) and what is agreed between the Treasury and the Post Office to be the aggregate of the sums which, had this Act not passed, would have been paid in pursuance of that section by the Postmaster General in respect of the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day. As from the appointed day.—
If, immediately before the appointed day, any sums of money that, by virtue of section 3(1) of the Post Office Act 1961, are subject to be paid by the Postmaster General into the Exchequer of the United Kingdom (that is to say, sums received by him by way of broadcast receiving licence revenue) are in his hands, the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Minister, who shall pay them into the Consolidated Fund. As soon as practicable after the appointed day, the Minister shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid, under section 3(2) of the Post Office Act 1961, into the Post Office Fund out of moneys provided by Parliament for paying the Postmaster General for discharging his functions under the Wireless Telegraphy Acts 1949 to 1967 and the Television Act 1964, in so far as broadcasting is concerned or otherwise in relation to broadcasting and the amount determined by the Minister, with the approval of the Treasury, to be the aggregate of the sums that, had this Act not passed, would have been paid, under that section, into that fund, out of moneys so provided for that purpose in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him from the Secretary of State for the payment on his behalf of benefit (as defined by section 114(1) of the National Insurance Act 1965 or section 86(1) of the National Insurance (Industrial Injuries) Act 1965), allowances under the Family Allowances Act 1965 or allowances or benefit under the Industrial Injuries and Diseases (Old Cases) Act 1967 or received by him in respect of sales of insurance stamps (within the meaning of the first- or second-mentioned Act of 1965), the Post Office shall, on that day, assume a liability to pay equivalent sums to the Secretary of State; and if, immediately before that day, any sums of money are owed by the Secretary of State to the Postmaster General for the purpose of reimbursing him sums paid by him on behalf of the Secretary of State by way of such benefit or allowances as aforesaid, the Secretary of State shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed. As soon as practicable after the appointed day, the Secretary of State shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him, the Minister of Social Security and the Minister of Pensions and National Insurance together in pursuance of subsection (2) of section 85 of the National Insurance Act 1965 (payment of the Postmaster General for work done by him in the execution of that Act and the other enactments mentioned in that subsection) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him and those Ministers together in pursuance of that subsection to the Postmaster General in respect of" the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day. The payment falling to be made in pursuance of the last foregoing sub-paragraph shall be defrayed as follows, that is to say.— and, for the purpose of determining what part of the residue should be attributed to each respectively of the enactments so mentioned, it shall be apportioned between them in such manner as may be determined by the Secretary of State in accordance with any directions given by the Treasury.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him from the Secretary of State for the payment on his behalf of benefit (as defined by section 36(1) of the Ministry of Social Security Act 1966), the Post Office shall, on that day, assume a liability to pay equivalent sums to the Secretary of State; and if, immediately before that day, any sums of money are owed to the Postmaster General by the Secretary of State for the purpose of reimbursing him sums paid by him on behalf of the Secretary of State by way of benefit (as so defined), the Secretary of State shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed. As soon as practicable after the appointed day, the Secretary of State shall, out of" moneys provided by Parliament, pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him and the Minister of Social Security together in pursuance of subsection (3) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the Ministry of Social Security Act 1966) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him and the Minister of Social Security together in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day appointed under section 40(2)(c) of the last-mentioned Act by the Minister of Social Security and ending with the day immediately preceding the appointed day.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a county council in respect of licences issued under the Vehicles (Excise) Act 1962, the Post Office shall, on that day, assume a liability to pay equivalent sums to the council. As soon as practicable after the appointed day, the Minister of Transport shall, out of moneys provided by Parliament, pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him in pursuance of subsection (4) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the Vehicles (Excise) Act 1962) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day. In this paragraph, the expression " county council " shall be construed in like manner as if it were contained in the Vehicles (Excise) Act 1962.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a local authority in England or Wales in respect of licences for dogs or licences to deal in, or for killing, game, the Post Office shall.— If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a local authority in Scotland in respect of licences for dogs or licences for killing game, the Post Office shall pay to the authority equivalent sums, less such sum as the Minister considers to be equal to that which, had this Act not passed and the first-mentioned sums been paid by the Postmaster General to the authority on that day, would, by virtue of section 43(2) of the Local Government (Scotland) Act 1966 or of Article 4(6) of the Game Licences and Gamedealers' Licences (Scotland) Order 1967, have been deducted by him therefrom. If subsection (3) of section 35 of the Local Government Act 1966 is not in force on the appointed day, the Minister of Housing and Local Government shall, as soon as practicable thereafter, pay to the Post Office, out of moneys provided by Parliament, a sum equal to the difference between the aggregate of the sums paid by him in pursuance of subsection (5) of section 19 of the Post Office Act 1961 to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him by way of ordinary or investment deposits or for the purpose of the repayment of such deposits or the payment of interest thereon, the Post Office shall, on that day, assume a liability to pay equivalent sums to the Director of Savings. If, immediately before the appointed day, any sums of money are owed to the Postmaster General for the purpose of reimbursing him sums paid by him by way of the repayment of, or the payment of interest on, ordinary deposits, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards discharge of this liability shall be made out of ordinary deposits. If, immediately before the appointed day, any sums of money are owed to the Postmaster General for the purpose of reimbursing him sums paid by him by way of the repayment of, or the payment of interest on, investment deposits, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards discharge of this liability shall be debited to the National Savings Bank Investment Account Fund. As soon as practicable after the appointed day, the National Debt Commissioners shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by them in pursuance of subsection (6) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the Post Office Savings Bank Act 1954) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by the Commissioners in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day; and the payment of the sum falling to be paid by virtue of the foregoing provisions of this sub-paragraph shall be treated for the purposes of section 16 of the Post Office Savings Bank Act 1954 as part of the expenses incurred by the National Debt Commissioners in the execution of that Act. As soon as practicable after the appointed day, there shall be debited to the National Savings Bank Investment Account Fund and paid to the Post Office—
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him— the Post Office shall, on that day, assume a liability to pay equivalent sums to the Director of Savings. If, immediately before the appointed day, any sums of money are owed to the Postmaster General by the Treasury for the purpose of reimbursing him sums paid by him for any such purpose as is mentioned in sub-paragraph (1)(b), (c) or (d) above, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards the discharge of this liability shall be made out of the National Loans Fund with recourse to the Consolidated Fund. If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money remitted under section 5 of the National Debt Act 1958 by the Bank of England or Ireland, the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Director of Savings. In this paragraph—
If, immediately before the appointed day, any sums of money that, by virtue of section 35(2) of the Finance Act 1961, are subject to be paid into the National Loans Fund are in the hands of the Postmaster General (that is to say, sums received by him from the sale of national savings stamps or gift tokens), the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Treasury who shall pay them into that fund; and, if, immediately before that day, any sums are due under the said section 35(2) to the Postmaster General by way of reimbursing him money paid by him in respect of the exchange or encashment of national savings stamps or national savings gift tokens, the Treasury shall, on that day or as soon as practicable thereafter, pay out of that fund equivalent sums to the Post Office.
If, immediately before the appointed day, any sum is due to the Postmaster General for reimbursing him expenses incurred by him of the kind mentioned in section 12(4)(c) or 13(4) of the National Loans Act 1968, an equivalent sum shall, on that day or as soon as practicable thereafter, be paid to the Post Office out of the National Loans Fund with recourse to the Consolidated Fund. If, in any period ending with the day immediately preceding the appointed day, the Postmaster General has done without payment work for whose doing he would, but for this Act, have received payment under subsection (7) of section 16 of the National Loans Act 1968 after the beginning of that day, there shall, on that day or as soon as practicable thereafter, be paid to the Post Office out of the National Loans Fund with recourse to the Consolidated Fund such sum as may be agreed between the Treasury and the Post Office to be equal to that which, but for this Act, would have been paid under that subsection to the Postmaster General for doing that work.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money paid to him on contracts entered into under Part II of the Government Annuities Act 1929 or received by him from the National Debt Commissioners for the payment of moneys becoming due under contracts so entered into, the Post Office shall, on that day, assume a liability to pay equivalent sums to the National Debt Commissioners. If, immediately before the appointed day, any sums of money are owed by the National Debt Commissioners to the Postmaster General for the purpose of reimbursing him sums paid by him in satisfaction of payments due under contracts entered into under the said Part II, those Commissioners shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed; and the Treasury shall, for the purpose of enabling those Commissioners to make payments in or towards discharge of this liability, in so far as it is referable to contracts for the grant of immediate savings bank annuities, provide them with the necessary sums out of the National Loans Fund with recourse to the Consolidated Fund, and shall, for the purpose of enabling them to make payments in discharge of this liability, in so far as it is not so referable, provide them with the necessary sums out of the Consolidated Fund. As soon as practicable after the appointed day, the National Debt Commissioners shall pay to the Post Office, out of moneys provided by Parliament, a sum equal to the difference between the aggregate of the sums paid by them in pursuance of subsection (7) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of Part II of the Government Annuities Act 1929) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by the Commissioners in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day.
Where, in respect of use before the appointed day of an invention by virtue of section 46 of the Patents Act 1949, a payment has fallen to be, but has not been, made by the Postmaster General, or would, if this Act had not passed, have fallen to be made by him, that payment shall be made instead by the Post Office; and if the amount of the payment has not been agreed or determined as mentioned in subsection (3) of the said section 46 before that day, it shall, in default of agreement between the Post Office and the person to whom the payment is due, be determined in like manner as it would have been determined had this Act not passed.
Where, in respect of Use before the appointed day of a registered design by virtue of paragraph 1 of Schedule 1 to the Registered Designs Act 1949, a payment has fallen to be, but has not been, made by the Postmaster General or would, if this Act had not passed, have fallen to be made by him, that payment shall be made instead by the Post Office; and, if the amount of the payment has not been agreed or determined as mentioned in sub-paragraph (3) of the said paragraph 1 before that day, it shall, in default of agreement between the Post Office and the person to whom the payment is due, be determined in like manner as it would have been determined had this Act not passed.
If, immediately before the appointed day, any sums of money are, by virtue of section 77(4) of the Post Office Act 1953 (payment of tolls in Scotland and Northern Ireland), due to be paid by the Postmaster General, the Post Office shall, as soon as practicable after that day, pay such sums to the persons to whom they are due.
Where, under any such arrangements as are mentioned in section 41(3) of the Redundancy Payments Act 1965 (arrangements for securing payments by way of compensation for loss of employment in certain circumstances where no redundancy payment is payable) a payment— that payment shall be made instead by the Post Office. If, immediately before the appointed day, any sums of money are owed by the Secretary of State to the Post Office Fund under section 41(2) of the Redundancy Payments Act 1965 (which provides for the making of a payment by the Secretary of State out of the Redundancy Fund to certain authorities or funds in a case where he is satisfied that, in accordance with any provision of the Superannuation Act 1965 or with such arrangements as are referred to in the foregoing sub-paragraph, a payment has been or will be made in respect of the termination of employment of a person) in respect of sums paid by the Postmaster General in respect of the termination of the employment of persons remunerated out of the Post Office Fund, the Secretary of State shall, on that day or as soon as practicable thereafter, pay to the Post Office sums equivalent to those owed. In the case of a payment falling to be made by the Post Office— the said section 41(2) shall have effect in relation thereto with the substitution, for the reference to the appropriate fund or authority, of a reference to the Post Office.
If, immediately before the appointed day, any sums of money are owed by the Ministry of Health and Social Services for Northern Ireland to the Post Office Fund under section 48(2) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (which provides for the making of a payment by that Ministry out of the Northern Ireland Redundancy Fund to certain authorities or funds in a case where it is satisfied that, in accordance with such arrangements as are referred to in sub-paragraph (1) of the last foregoing paragraph, a payment has been or will be made in respect of the termination of employment of a person) in respect of sums paid by the Postmaster General in respect of the termination of the employment of persons remunerated out of the Post Office Fund, that Ministry shall, on that day or as soon as practicable thereafter, pay to the Post Office sums equivalent to those owed. In the case of a payment by the Post Office— the said section 48(2) shall have effect in relation thereto with the substitution, for the reference to the appropriate fund or authority, of a reference to the Post Office.
Any payment which, if this Act had not passed, would have fallen to be made under section 3(2) of the Selective Employment Payments Act 1966 or section 4(2) of the Selective Employment Payments Act (Northern Ireland) 1966 to the Postmaster General on or after the appointed day in respect of a contribution week for which he paid selective employment tax before that day shall be made instead to the Post Office. The difference (if any) on the appointed day between the aggregate of any expenses incurred by the Postmaster General as a designated minister within the meaning of section 3 of the Selective Employment Payments Act 1966 and the aggregate of the amounts paid, by virtue of section 11(2) of that Act, into the Post Office Fund out of moneys provided by Parliament shall, as soon as practicable after that day, be paid to the Post Office out of moneys so provided.
The Secretary of State shall, out of the moneys received by him on account of national health service contributions, set aside sums equal in the aggregate to so much of the payment falling to be made under paragraph 3(2) of this Schedule as is determined by the Treasury to be attributable to work done by the Postmaster General in the execution of section 2 of the National Health Service Contributions Act 1965, and, accordingly, section 3(3) of that Act shall have effect as if the reference therein to subsection (1) of that section included a reference to this sub-paragraph. The Secretary of State shall, out of the moneys received by him on account of redundancy fund contributions, retain sums equal in the aggregate to so much of the payment falling to be made under paragraph 3(2) of this Schedule as is determined by the Treasury to be attributable to work done by the Postmaster General in the execution of section 28 of the Redundancy Payments Act 1965, and, accordingly, section 29(5) of that Act shall have effect as if the reference therein to subsection (1) of that section included a reference to this sub-paragraph. Sums retained in pursuance of either of the foregoing sub-paragraphs by the Secretary of State shall be paid into the Consolidated Fund.
Section 137.
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Section 138.
Section 3(1) of this Act shall not affect the validity of anything done by or in relation to the Postmaster General before the appointed day, being a thing done under or by virtue of the Wireless Telegraphy Act 1949, the Television Act 1964 or the Wireless Telegraphy Act 1967; and anything which, immediately before that day, is, under or by virtue of any of those Acts, in process of being done by or in relation to him (including, in particular, any legal proceeding to which he is a party) may be continued by or in relation to the Minister. Any notice served, approval or authority given or other thing whatsoever done under or by virtue of the Wireless Telegraphy Act 1949, the Television Act 1964 or the Wireless Telegraphy Act 1967 by the Postmaster General shall, if effective at the appointed day, continue in force and have effect as if similarly served, given or done by the Minister.
Any agreement, and any provision in a document not being an agreement, shall, so far as may be necessary in consequence of the enactment of Part III of this Act, have effect as from the appointed day— Without prejudice to the foregoing sub-paragraph, any agreement to which the Crown is a party, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by it, shall, as from the appointed day, have effect, so far as may be necessary for, or in consequence of, the vesting by virtue of Part III of this Act of property, rights or liabilities in the Post Office, as if the Post Office had been a party thereto. Without prejudice to sub-paragraph (1) above, where, by the operation of the said Part III, a right or liability becomes a right or liability of the Post Office, it and all other persons shall have the same rights, powers and remedies (and, in particular, the same rights, powers and remedies as to taking or resisting legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing it as they would have had if it had at all times been the right or liability of the Post Office; and legal proceedings or applications by or against the Crown, in so far as they relate to any property, rights or liabilities vested in the Post Office by virtue of sections 16 to 20 of this Act, or to any agreement or document which has effect in accordance with the foregoing provisions of this paragraph, shall not abate by reason of the Crown’s ceasing to be interested in the subject-matter thereof but may be continued by or against the Post Office to the exclusion of the Crown. With respect to instruments and documents executed or signed before the appointed day—
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References in sections 70 and 71 of this Act to a money order issued by the Post Office shall include references to— and the reference in the said section 71 to payment by the Post Office shall include a reference to payment by the Postmaster General. References in section 70 of this Act to a postal order issued by the Post Office shall include references to a postal order issued by the Postmaster General but not paid before the appointed day. In this paragraph " the British Islands" means the United Kingdom, the Isle of Man and the Channel Islands.
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This paragraph applies to the following instruments, namely,— Nothing done, on or after the appointed day, under, and in accordance with the terms of, an instrument to which this paragraph applies, shall constitute an infringement of the privilege conferred by section 24(1) of this Act.
Any licence operating by way of exception from the exclusive privilege conferred by section 4 of the Telegraph Act 1869 on the Postmaster General which is effective at the appointed day (not being a licence under the Wireless Telegraphy Act 1949) shall, as from that day, have effect as if it had been granted under section 27(1) of this Act and— Any instrument issued in pursuance of a licence falling within the foregoing sub-paragraph, being an instrument effective at the appointed day, shall, as from that day, have effect subject to the like modifications as those provided for by heads (a) and (b) of that sub-paragraph in the case of the licence.
A notice or certificate given, request made or requirement imposed under any provision of the enactments relating to telegraphs by, to or on the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given, made or imposed by, to or on the Post Office.
An authority granted under section 5(1) of the Telegraph Act 1892 which is effective at the appointed day shall, as from that day, have effect as if it had been granted under that section as amended by paragraph 5 of Schedule 4 to this Act.
Any such council as is mentioned in the Telegraph Act 1899 which, at the beginning of the appointed day, is licensed by the Postmaster General to provide a system of public telephonic communication, shall, so long as the licence continues in force, be deemed, for the purposes of that Act, to be licensed by the Post Office so to provide.
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A notice given under section 24 of the Requisitioned Land and War Works Act 1945 by or to the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given by or to the Post Office.
No steps shall be taken for the enforcement of a building law with respect to works on land that vests in the Post Office by virtue of section 16 of this Act, being works begun before the appointed day, or with respect to works on land begun by the Post Office before the expiration of six months beginning with that day; nor shall any proceedings for the recovery of a fine or other penalty be brought against the Post Office for having carried out or retained any such works as aforesaid which do not comply with a building law. In the foregoing sub-paragraph, “building law” means any obligation or restriction as to the construction, nature or situation of works on land or as to any other circumstances of such works (including the use of the land) having effect by virtue of— and “works” includes any building, structure, excavation or other work on land. Any reference in this paragraph to non-compliance with a building law means, in relation to any works on land, that the construction, nature or situation of the works or any other circumstances thereof (including the use of the land) are such either that the works do not comply with the building law in question or that, by virtue of that law, the rejection of plans for the works is expressly required or authorised. Any reference in this paragraph to the enforcement of a building law shall be construed as a reference to securing (whether by the doing of work on land or the requiring, by injunction or otherwise, that some other person shall do work on land) that works on land not complying with the building law in question shall either be demolished or removed or be altered so as to comply therewith. In the application of this paragraph to Scotland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):— In the application of this paragraph to Northern Ireland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):—
Any regulations under section 53 of the Electoral Law Act (Northern Ireland) 1962 which are effective at the appointed day shall, as from that day, have effect as if, for references therein to the Post Office or the Postmaster General, there were substituted references to the authority established by section 6 of this Act. Any security given under any such regulations as aforesaid which is effective at the appointed day shall, as from that day, have effect as if given to the said authority.
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Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day . . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time.
Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day . . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—
except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions and to the relevant condition as to time;
in a case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General, be deemed to be granted by that authority on the appointed day subject to those conditions as so modified and to the relevant condition as to time;
in a case in which those conditions are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the relevant condition as to time.
Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day . . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—
except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions;
in the case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General (otherwise than by withdrawing the stipulation as to time), be deemed to be granted by that authority on the appointed day subject to those conditions as so modified;
in a case in which those conditions (except so far as containing the stipulation as to time) are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the condition containing that stipulation.
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The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day.
Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day.
Part XII of the Town and Country Planning (Scotland) Act 1997 shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.
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Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under section 36 of the Town and Country Planning (Scotland) Act 1997 that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,—
the date on which the permission is deemed to be granted;
a general description of the development to which the permission relates and of the land to be developed in accordance with the permission;
in a case in which the authority approves, in relation to the development to which the permission relates, anything which, by virtue of sub-paragraph (6) above, falls to be approved by it, the date on which it does so;
in a case in which, in consequence of the operation of that sub-paragraph, an appeal as to any matter relating to the development to which the permission relates is entertained by the Secretary of State or an application is referred to him, the date on which the appeal or reference is disposed of, and the decision on the appeal or reference.
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In this paragraph,—
“development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have for the purposes of the Town and Country Planning Act 1990 and, in the application of this paragraph to Scotland, the same meanings as in the Town and Country Planning (Scotland) Act 1997.
“the relevant condition as to time”—
except in a case in which planning permission is, by virtue of sub-paragraph (6) above, deemed to be granted subject to a condition that application for the approval of matters must be made not later than the expiration of three years beginning with the appointed day, means a condition that the development to which the permission relates must be begun not later than the expiration of five years beginning with that day;
in the said excepted case, means a condition that the development must be begun not later than whichever is the later of the following dates, namely, the expiration of five years from the appointed day and the expiration of two years from the final approval of matters which are the subject of the condition subject to which planning permission is, by virtue of that sub-paragraph, deemed to be granted (or, in the case of approval on different dates, the final approval of the last such matter to be approved);
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For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out.
Sections 91 and 92 of the Town and Country Planning Act 1990 and sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997 (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.
Subsections (2) and (4) of section 60 of the Town and Country Planning (Scotland) Act 1997 (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of sections 58 and 59 of that Act, of a reference to planning permission deemed, by virtue of this paragraph, to be granted.
For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.
This paragraph does not extend to Northern Ireland.
In relation to an agreement which, on the appointed day, becomes subject to registration under Part I of the Restrictive Trade Practices Act 1956 by reason of its having effect as from that day as if the Post Office had been a party thereto, section 10 of that Act (particulars to be furnished for registration) and section 7 of the Restrictive Trade Practices Act 1968 (consequences of failure to register) shall have effect with the substitution, for references to the time within which particulars are required to be furnished under section 6 of the last-mentioned Act (time for registration of agreements), of references to the period of three months beginning with that day and the said section 6 shall not apply.
An order under paragraph 8 of Schedule 1 to the Solicitors Act 1957 which is effective at the appointed day shall, as from that day, have effect as if, for any reference therein to the Postmaster General, there were substituted a reference to the Post Office.
A notice given under section 5(4) of the Milford Haven Conservancy Act 1958 by the Milford Haven Conservancy Board to the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given to the Post Office.
A notice given under section 3 of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 by the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given by the Post Office; and any proceedings for the settlement of a dispute under that section in progress immediately before the appointed day, being proceedings to which the Postmaster General is a party, may be continued with the substitution of the Post Office for the Postmaster General.
Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time. Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall— Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall— Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and— planning permission for the development shall be deemed to be granted by the authority on the appointed day subject to the relevant condition as to time. The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day. Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day. Part XII of the Town and Country Planning Act 1990 shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under section 69 of the Town and Country Planning Act 1990 that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this paragraph,— For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out. Sections 91 and 92 of the Town and Country Planning Act 1990 and sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997 (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted. Subsections (2) and (4) of section 93 of the Town and Country Planning Act 1990 (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of sections 91 and 92 of that Act of 1990, of a reference to planning permission deemed, by virtue of this paragraph, to be granted. For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted. This paragraph does not extend to Northern Ireland.
Notwithstanding section 245 of the Town and Country Planning (Scotland) Act 1997 or section 296 of the Town and Country Planning Act 1990 (exercise of powers in relation to Crown land), planning permission for the development by the Post Office of land which is Crown land within the meaning of that section by reason only of the subsistence therein of an interest of the Postmaster General may be granted under either Act in pursuance of an application therefor made by the Post Office before the appointed day, and section 35 of the Act of 1997 and sections 66 and 67 of the said Act of 1990 (certificates required to accompany application) shall not apply to an application that may be granted by virtue of this sub-paragraph or to an appeal from a decision to refuse to grant planning permission in pursuance of such an application or to grant it subject to conditions. Any approval required under a development order (within the meaning of the said Act of 1997 or of the said Act of 1990) in relation to development of such land as is mentioned in the foregoing sub-paragraph, being development proposed to be carried out by the Post Office, may be granted in pursuance of an application therefor made by the Post Office before the appointed day.
No enforcement notice shall be served by virtue of paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions)(Scotland) Act 1997) or under paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990) in respect of works carried out on land that vests in the Post Office by virtue of section 16 of this Act or in respect of use of land that so vests; and no enforcement notice shall be served under section 172 of the Town and Country Planning Act 1990 or section 127 of the Town and Country Planning (Scotland) Act 1997 in respect of development carried out before the appointed day on land that so vests.
Neither an interim development authority, nor, where the Department of Development for Northern Ireland is exercising any of the functions of such an authority, that Department, shall take any action under section 4 of the Planning (Interim Development) Act (Northern Ireland) 1944 (enforcement of interim development control) in respect of any development carried out before the appointed day in or on land that vests in the Post Office by virtue of section 16 of this Act.
A licensing authority to whom an application is made before the appointed day by the Post Office for an A licence or for a B licence shall not refuse the application if it is accompanied by a certificate of the Postmaster General certifying that the vehicles proposed to be used under the licence are in use by him. Section 168(2) of the Road Traffic Act 1960 (which authorises a licensing authority to attach conditions to a B licence) shall not apply to a B licence granted in pursuance of an application which, by virtue of the foregoing sub-paragraph, the authority is bound to grant, but it shall be a condition of the licence that no vehicle which is for the time being an authorised vehicle shall be used for the carriage for hire or reward of goods other than— and accordingly, in relation to a B licence so granted, section 166(3) of that Act (which specifies the purposes for which a B licence entitles the holder thereof to use the authorised vehicles) shall have effect with the substitution, for paragraph (b), of the following paragraph, namely.— . This paragraph shall be construed as one with Part IV of the Road Traffic Act 1960.
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Notwithstanding paragraph 82 of Schedule 4 to this Act, the Ministry of Commerce for Northern Ireland may, if the Parliament of Northern Ireland makes provision for the defrayal out of moneys provided by that Parliament of any expenses which may be incurred by that Ministry under this paragraph, make to the Post Office in respect of an asset provided by the Postmaster General for the purposes of his business a grant of the like amount as it might have made to him under section 1, 2 or 5 of the Industrial Investment (General Assistance) Act (Northern Ireland) 1966 if this Act had not passed. For the purposes of the foregoing sub-paragraph, an asset shall not be deemed not to have been provided as therein mentioned by reason of the fact that it is delivered to the Post Office on or after the appointed day and is so delivered in fulfilment of a contract entered into before that day by the Postmaster General. Sections 10 and 11 of the Industrial Investment (General Assistance) Act (Northern Ireland) 1966 (conditions and fraudulent applications) shall have effect as if references therein to that Act included references to sub-paragraph (1) above.
Where an interest of the Postmaster General in land vests in the Post Office by virtue of section 16 of this Act and, at a time when the interest was vested in the Postmaster General, the land fell within any of such descriptions of land as, for the purposes of section 84 of the Land Commission Act 1967, were agreed between him and the Treasury as being at that time descriptions of land which, in relation to functions of his, corresponded as nearly as may be to the descriptions of land which were operational land in relation to statutory undertakers, then, for the purposes of section 58 of that Act, the land shall be treated as if, at that time, it had been operational land of the Post Office.
Where— and a sum is certified by the Treasury to be the sum agreed between them and the Postmaster General or between them and the Post Office as the amount which is to be treated as subsisting or having subsisted on the appointed day in respect of the act or event by way of credit under the said Schedule 11, then paragraph 6 and Parts II and III of the said Schedule 11 shall have effect as if a credit of that amount were taken to have arisen from a previous chargeable act or event falling within such of the cases distinguished as Cases A to F in the Table in section 27(2) of the Land Commission Act 1967 as is certified by the Treasury as being the Case within which the act or event falls. For the purposes of the said Schedule 11 as it has effect in any case by virtue of the foregoing sub-paragraph the original chargeable interest and the original chargeable unit shall respectively be the interest in land, and the land, designated in that behalf by the Treasury, and the original chargeable owner shall be taken to be the Post Office. Sub-paragraph (1) above shall have effect in relation to an act or event falling within Case F as it does in relation to one falling within Case E, with the modifications that for the reference to paragraph 3 of Schedule 11 there shall be substituted a reference to any provision of regulations made under paragraph 15 of that Schedule providing for a credit's being taken to have arisen from an act or event falling within Case F, and for the reference to paragraph 6 and Parts II and III of the said Schedule 11, there shall be substituted a reference to that paragraph and those Parts as they have effect by virtue of the said paragraph 15. In sub-paragraph (1) above, " relevant land " means land in the case of which an interest therein vests in the Post Office by virtue of section 16 of this Act or land (other than as aforesaid) in which the Post Office acquires, after the appointed day, an interest, being an interest in the case of which the Postmaster General was immediately before the appointed day under an enforceable contract to purchase it or had before that day served (and had not before that day withdrawn) a notice to treat for the compulsory purchase thereof, or a tenancy which on that day the Postmaster General was under an enforceable contract to take and " Case C," " Case E" and " Case F " have the same meanings respectively as in Part III of the Land Commission Act 1967.
Where work begun before the passing of this Act, or between the passing of this Act and the appointed day, constitutes development for which planning permission is, by virtue of paragraph 27 of this Schedule, deemed to be granted on that day, then, notwithstanding that the work was so begun it shall, for the purposes of paragraph 21(7) of Schedule 4 to the Land Commission Act 1967 and of paragraph 7(2) of Schedule 6 to that Act be treated as if planning permission for its carrying out had been granted before it was begun. Where work falling within the foregoing sub-paragraph constitutes the carrying out of a project of material development of relevant land, other than one which is relevant for the purposes of paragraph 21 of Schedule 4 to the Land Commission Act 1967, and is uncompleted at the date which, for the purposes of that paragraph, is the relevant date in relation to the carrying out of a project of material development of that land which is relevant for those purposes, then, notwithstanding anything in sub-paragraph (6) of that paragraph, in calculating the rent referred to in paragraph 16 of that Schedule, account shall be taken of the planning permission deemed to have been granted in respect of the development constituted by the work in so far as it authorises the carrying out of the first-mentioned project. Where work falling within sub-paragraph (1) above constitutes a project of material development of relevant land, then, notwithstanding anything in sub-paragraph (1) of paragraph 7 of Schedule 6 to the Land Commission Act 1967 (but subject to paragraph 8 of that Schedule where that paragraph applies), in calculating any such value as is referred to in paragraph 6 of that Schedule account shall, if the project was begun before, but remained uncompleted at, the relevant date, be taken of the planning permission deemed to have been granted in respect of the development constituted by the work in so far as it relates to the land comprised in that project; and for that purpose sub-paragraph (3) of paragraph 7 shall apply as it applies where account of planning permission is taken by virtue of sub-paragraph (2) thereof. In this paragraph, " project of material development" has the same meaning as it has for the purposes of Part III of the Land Commission Act 1967.
If, in the case of a hereditament vested in the Post Office by virtue of section 16 of this Act, there is, in compliance with section 37(1) of the General Rate Act 1967, entered in the valuation list immediately before the appointed day, as representing the rateable value of the hereditament, the value upon which is computed any contribution made by the Crown in lieu of rates, then there shall be ascribed in that list to the hereditament under section 19 of that Act a net annual value equal to the value so entered. Where alterations fall to be made in a valuation list in consequence of the foregoing sub-paragraph, the valuation officer shall cause those alterations to be made therein without any proposal under section 69 of the General Rate Act 1967, and section 87 of that Act (duty of rating authority to give effect to directions as to alteration of a valuation list) shall have effect in relation to this paragraph as it does in relation to any provision of that Act. No proposal shall be made under section 69 of the General Rate Act 1967 for an alteration of the rateable value ascribed by virtue of this paragraph in a list to— Expressions used in this paragraph and in the General Rate Act 1967 have the same meaning in this paragraph as in that Act; and the expression " the underground railway " means the railway constructed, and the works executed, by the Postmaster General in exercise of the powers conferred by the Post Office (London) Railway Act 1913, and the railway constructed, and the works associated therewith executed, by him in exercise of the powers conferred by the Post Office (Site and Railway) Act 1954. This paragraph extends to England and Wales only.
If, in the case of lands and heritages vested in the Post Office by virtue of section 16 of this Act, there is entered in the valuation roll immediately before the appointed day, as representing the rateable value of the lands and heritages, the value upon which is computed any contribution made'by the Crown in lieu of rates, then the rateable value of the lands and heritages on the appointed day shall be taken to be the value so entered in the valuation roll. The rateable values of lands and heritages described in section 53(1) of this Act shall remain unaltered until an apportionment as mentioned in section 53(2) of this Act is made, and the rate to be levied by a county council on the rateable value entered in the valuation roll in respect of such lands and heritages shall be the mean of the county rate and the highest aggregate rate levied in the separately rated areas of the landward area of the county. In this paragraph " county rate " has the same meaning as in section 224(1) of the Local Government (Scotland) Act 1947 and other expressions have the same meanings as in the Local Government (Scotland) Act 1966. This paragraph extends to Scotland only.
If, in the case of a hereditament vested in the Post Office by virtue of section 16 of this Act, there is entered in the valuation lists immediately before the appointed day, as representing the net annual value of the hereditament, the amount upon which is computed any contribution made by the Crown in lieu of rates, then the net annual value of the hereditament on the appointed day shall be taken to be the amount so entered in the valuation lists. A hereditament vested in the Post Office by virtue of section 16 of this Act which, immediately before the appointed day, was, under section 2 of the Valuation (Ireland) Act 1854, distinguished as exempt from rates shall, as from that day, be deemed not to be so distinguished. The Commissioner of Valuation for Northern Ireland shall not, during the period beginning with the appointed day and ending with the 31st March next following, make any interim revision of the net annual value of any hereditament (other than any such hereditament as is mentioned in section 54(1) of this Act) vested in the Post Office by virtue of section 16 of this Act unless during that period the Post Office ceases to occupy the hereditament or there is a change in the use of the hereditament by the Post Office. In this paragraph " interim revision " means a revision under section 13 of the Local Government (Finance) Act (Northern Ireland) 1936 or section 4 of the Valuation Acts Amendment Act (Northern Ireland) 1953. This paragraph extends to Northern Ireland only.
If an order made by virtue of section 67 of the Town and Country Planning Act 1962 or section 29 of the Town and Country Planning Act 1968 for the acquisition by the Postmaster General of any land or rights is effective at the appointed day, proceedings for the acquisition may be continued by the Post Office as if section 55 of this Act had been in force when the order became operative, the order were one made by virtue of that section and confirmed by the Minister, and anything done by or to the Postmaster General after the order became operative had been done by or to the Post Office. If, at the appointed day, the provisions compliance with which is, by virtue of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946, requisite in order for an order prepared in draft by a Minister to be made by him, are in course of being complied with with reference to an order prepared in draft by virtue of the said section 67 or the said section 29 for the acquisition by the Postmaster General of any land or rights, then, upon compliance with those provisions being completed, the order may (with any adaptations rendered requisite in consequence of the provisions of this paragraph) be made by the Minister and shall take effect as if it were an order made by the Post Office by virtue of section 55 of this Act and confirmed by him, being an order that authorised the acquisition by the Post Office of that land or, as the case may be, those rights. In the application of this paragraph to Scotland, for references to the Acquisition of Land (Authorisation Procedure) Act 1946 there shall be substituted references to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and for references to section 67 of the Town and Country Planning Act 1962 and to section 29 of the Town and Country Planning Act 1968 there shall be substituted respectively references to section 34 of the Town and Country Planning (Scotland) Act 1947 and to section 30 of the Town and Country Planning (Scotland) Act 1969.
An application by the Post Office made before the appointed day for an operator's licence under Part V of the Transport Act 1968 shall, if accompanied by a certificate of the Postmaster General certifying that the vehicles proposed to be used under the licence are in use by him, be treated for the purposes of section 94(1) of that Act as an application made by the holder of a carrier's licence in respect of the vehicles.
The Postmaster General shall be under obligation to provide the Post Office with such money as it requires during the period beginning with the day on which this Act is passed and ending with the day immediately preceding the appointed day; and payments in discharge of this obligation shall be made out of the Post Office Fund. The power conferred by section 9 of the Post Office Act 1961 on the Treasury to make, out of the National Loans Fund, advances to the Postmaster General shall include power to make, out of that fund, advances to him for the purpose of enabling him to discharge the obligation imposed on him by the foregoing sub-paragraph.
All expenses incurred by the Post Office before the appointed day shall, for the purposes of its accounts, be treated as expenses incurred in the first accounting year; and all sums received by the Post Office before that day shall be treated for those purposes as receipts attributable to that year.
section 107(1) of the National Insurance Act 1965 and section 4(8)(a) of the Industrial Injuries and Diseases (Old Cases) Act 1967 (which provide that certain orders, regulations and schemes shall not be made unless a draft thereof has been laid before Parliament and approved by resolution of each House);
section 108 of the said Act of 1965 (which requires a preliminary draft of any regulations under that Act to be submitted to the National Insurance Advisory Committee); and
section 62(2) of the National Insurance (Industrial Injuries) Act 1965 (which requires any proposal to make regulations under that Act to be referred to the Industrial Injuries Advisory Council for consideration and advice);
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An indemnity given under section 13 of the National Debt Act 1958 to the Postmaster General shall, if effective at the appointed day, have effect, as from that day, as if given to the Director of Savings.
Any reference to the Postmaster General in a prospectus issued with respect to securities issued under the National Loans Act 1939 or the National Loans Act 1968 shall, as from the appointed day, be construed as referring to the Director of Savings.
Where the Crown retains possession of any documents of title to any land any part of which is vested by virtue of section 16 of this Act in the Post Office, the Minister shall be assumed to have given to the Post Office an acknowledgment in writing of the right of the Post Office to production of those documents and to delivery of copies thereof, and, so far as relates to land in England or Wales, section 64 of the Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section and, so far as relates to land in Northern Ireland, section 9 of the Conveyancing Act 1881 shall have similar effect.
Any legal proceedings or applications pending on the appointed day by or against the Crown, being proceedings or applications instituted or made by or against the Postmaster General or his department (but not being proceedings in the case of which express provision is made by some other provision of this Act with respect to the continuance thereof) may be continued by or against the appropriate government department authorised for the purposes of the Crown Proceedings Act 1947.
Section 138.
For the purposes of so much of section 32(1) of the Patents Act 1949 as provides that a patent may be revoked on the grounds that the invention, so far as claimed in any claim of the complete specification, was secretly used in the United Kingdom before the priority date of that claim, no account shall be taken of any use, on or after the appointed day, of the invention by the Post Office or a person authorised by it, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly,—
before the appointed day, to a government department or person authorised by a government department; or
on or after the appointed day, in pursuance of an agreement in the case of which rights and liabilities thereunder vest in the Post Office by virtue of sections 16 to 18 of this Act, to the Post Office or a person authorised by it.
For the purpose of fulfilling obligations imposed on it by virtue of this paragraph, the Post Office shall, on and after the appointed day, have power to confer such an authority as is mentioned in head (ii) of the foregoing sub-paragraph. Nothing in the Patents Act 1949 shall be taken to prevent the use by the Post Office, for a purpose referable to its functions, of any articles made and supplied to it in the exercise of an authority continued in force by, or conferred by virtue of, this paragraph.
Where, by an agreement in force immediately before the appointed day and made in pursuance of subsection (3) of section 46 of the Patents Act 1949, terms are agreed upon which use of an invention may be made by virtue of that section for the manufacture of articles by the department of the Postmaster General, or the manufacture and supply to that department of articles by a person authorised by it,—
the agreement shall (so far as it relates to the use of the invention by, or with the authority of, that department) have effect as from the appointed day as if, for any reference to use by virtue of that section, whether or not it is expressed to be for any purpose referable to functions of the Postmaster General, there were substituted a reference to use by virtue of this paragraph for any purpose referable to functions of the Post Office corresponding to a purpose referable to functions of the Postmaster General, being a purpose in the case of which use of the invention therefor fell within the agreement, and the rights and liabilities of the Postmaster General subsisting immediately before the appointed day under the agreement shall, on that day, vest in the Post Office by virtue of this paragraph, and paragraph 2 of Schedule 9 to this Act shall apply as it does where rights and liabilities so vest by virtue of sections 16 to 18 of this Act;
the Post Office shall have power to use the invention for the manufacture of articles on the terms of the agreement as it has effect by virtue of this paragraph, and any person authorised by the Post Office in writing shall have power to use the invention for manufacture and supply to the Post Office on such terms, and the Post Office shall, accordingly, have power to use, for purposes referable to its functions, articles so manufactured by, or supplied to, it.
If an obligation of the department of the Postmaster General incurred under section 46(5) of the Patents Act 1949 to give a notification or furnish information to a person has not been fulfilled before the appointed day, the Post Office shall, on that day, become under obligation to give the notification or furnish the information to that person; and the Post Office shall, on and after that day, be under obligation to furnish to any person who requires it such other information as to the extent of use before that day of an invention as that department could have been required under the said section 46(5) to furnish to that person if this Act had not passed. Subject to sub-paragraph (4) below, where, on or after the appointed day, use of an invention is begun under an authority continued in force by, or conferred by virtue of, paragraph 2 of this Schedule, the Post Office shall notify the patentee as soon as practicable after the use is begun. Subject as aforesaid, the Post Office shall furnish the patentee with such information as he may from time to time require as to the extent of use, if any, of the invention after the beginning of the appointed day under such an authority as is mentioned in the last foregoing sub-paragraph or by virtue of paragraph 3 of this Schedule. Nothing in the foregoing provisions of this paragraph shall impose on the Post Office an obligation to give notification or furnish information if the Minister notifies it that it is contrary to the public interest to do so.
Where, in the case of an invention, an authority for its use is continued in force by, or is conferred by virtue of, paragraph 2 of this Schedule, then—
if and so far as the invention has, before the priority date of the relevant claim of the complete specification, been duly recorded by or tried by or on behalf of a government department otherwise than in consequence of the communication thereof, directly or indirectly, by the patentee or a person from whom he derives title, any use of the invention by virtue of the said paragraph 2 may be made free of any royalty or other payment to the patentee;
if and so far as the invention has not been so recorded or tried as aforesaid, any use of the invention by virtue of the said paragraph 2 at any time after the acceptance of the complete specification in respect of the patent or in consequence of any such communication as aforesaid, shall—
except where an agreement as to terms for the use of the invention was made before the appointed day under section 46(3) of the Patents Act 1949 or a determination as to those terms was made by the court under section 48 of that Act, be made upon such terms as may be agreed upon, either before or after the use, between the Post Office and the patentee, or as may, in default of such an agreement, be determined by the court on a reference under paragraph 9 of this Schedule;
in the said excepted case, be made upon the terms of the said agreement or determination.
The authority of the Post Office in respect of an invention may be given under paragraph 2 or 3 of this Schedule either before or after the patent is granted and either before or after the acts in respect of which the authority is given are done, but not so as to authorise the doing before the appointed day of any act; and such authority may be given to any person whether or not he is authorised, directly or indirectly, by the patentee to make, use, exercise or vend the invention.
The Post Office shall have power to use, for a purpose referable to its functions, any article vested in it and made before the appointed day, in the exercise of the powers conferred by section 46 of the Patents Act 1949, by a government department, or a person authorised by a government department. In the case of articles described in the foregoing sub-paragraph, and articles vested in the Post Office and made on or after the appointed day under an authority continued in force by, or conferred by virtue of, paragraph 2 of this Schedule, the Post Office, if the circumstances are such that their supply to the government of a country outside the United Kingdom is, by virtue of section 46(6) of the Patents Act 1949 included among the services of the Crown, shall have power to sell them to that government, and if the circumstances are such that their supply to the United Nations is, by virtue of that section, so included, shall have power to sell them to that organisation. In the case of articles mentioned in the last foregoing sub-paragraph and articles vested in the Post Office and made on or after the appointed day by virtue of paragraph 3 of this Schedule, the Post Office shall have power to sell to any person such, if any, of them as are not required for a purpose referable to functions of the Post Office. The purchaser of any articles sold in the exercise of powers conferred by this paragraph, and any person claiming through him, shall have power to deal with them in the same manner as if the patent were held by or on behalf of the Post Office.
Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the invention is in force under the patent, then,— Subject to the provisions of the last foregoing sub-paragraph, where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention, then— Where, under paragraph 5 of this Schedule or such an agreement as is referred to in paragraph 3 thereof, payments are required to be made by the Post Office to a patentee in respect of any use of an invention, any person, being the holder of an exclusive licence under the patent (not being such a licence as is mentioned in sub-paragraph (2) of this paragraph) authorising him to make that use of the invention, shall— and if that person, at any time before the amount of any such payment has been settled, gives to the Post Office notice in writing of his interest, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent; and, for the purposes of this sub-paragraph, a notice given before the appointed day to the department of the Postmaster General in pursuance of section 47(4) of the Patents Act 1949 shall have effect as if it had been given to the Post Office. Where any models, documents or information relating to an invention are used in connection with any such use of the invention as is described in sub-paragraph (1) above, paragraph 5 of this Schedule shall, whether or not it applies to the use of the invention, apply to the use of the models, documents or information as if, for the reference therein to the patentee, there were substituted a reference to the person entitled to the benefit of any provision of a licence, assignment or agreement which is rendered inoperative by the said sub-paragraph (1) in relation to that use. Nothing in this paragraph shall be construed as authorising the disclosure to the Post Office or any other person of any model, document or information to the use of which this paragraph applies in contravention of any such licence, assignment or agreement as aforesaid.
Any dispute as to the exercise by the Post Office or a person authorised by it of powers subsisting by virtue of the foregoing provisions of this Schedule, or as to terms for use thereunder of an invention or any models, documents or information relating to an invention, or as to the right of any person to receive any part of a payment made in pursuance of paragraph 5 of this Schedule or any such agreement as is referred to in paragraph 3 thereof may be referred to the court by either party to the dispute in such manner as is prescribed by the rules for the time being in force for the purposes of section 48(1) of the Patents Act 1949. Subsections (2) to (5) of section 48 of the Patents Act 1949 shall have effect in relation to proceedings under the foregoing sub-paragraph and disputes that may be determined thereunder as they do in relation to proceedings and disputes that may be determined under subsection (1) of the said section 48, but subject to the modifications that— Any proceedings under the said section 48 which are in progress immediately before the appointed day, being proceedings to which the department of the Postmaster General is a party, may be continued with the substitution of the Post Office for that department; but in relation to such proceedings, subsection (3) of the said section 48 shall have effect with the substitution, for the reference to the opinion of a government department, of a reference to the opinion of the Minister stated in a certificate signed by him.
Where, in pursuance of an agreement made before the appointed day in relation to an invention claimed under a complete specification, between the department of the Postmaster General and the applicant for the patent, or any person from whom he derives title, being an agreement to which the Post Office has become a party by virtue of this Act, communication of the invention is made to the Post Office or a person authorised by it to investigate the invention or its merits, the invention shall not be deemed to have been anticipated by reason only of that communication or of anything done in consequence thereof for the purposes of the investigation. An authorisation to investigate an invention given under subsection (1) of section 51 of the Patents Act 1949 by the department of the Postmaster General and in force immediately before the appointed day shall remain in force on and after that day as if given by the Post Office and, in relation to that invention, the said subsection (1) shall have effect as if references to a government department included references to the Post Office.
Expressions to which meanings are assigned by the Patents Act 1949 for the purposes of that Act have those meanings also for the purposes of this Part of this Schedule.
For the purpose of fulfilling obligations imposed on it by virtue of this paragraph, the Post Office shall, on and after the appointed day, have power to confer such an authority as is mentioned in head (ii) of the foregoing sub-paragraph.
Where, by an agreement in force immediately before the appointed day and made in pursuance of sub-paragraph (3) of paragraph 1 of Schedule 1 to the Registered Designs Act 1949, terms are agreed upon which use of a design may be made by virtue of that paragraph for the manufacture of articles by the department of the Postmaster General, or the manufacture and supply to that department of articles by a person authorised by it,—
the agreement shall (so far as it relates to the use of the design by, or with the authority of, that department) have effect as from the appointed day as if, for any reference to use by virtue of that paragraph, whether or not it is expressed to be for any purpose referable to functions of the Postmaster General, there were substituted a reference to use by virtue of this paragraph for any purpose referable to functions of the Post Office corresponding to a purpose referable to functions of the Postmaster General, being a purpose in the case of which use of the design therefor fell within the agreement, and the rights and liabilities of the Postmaster General subsisting immediately before the appointed day under the agreement shall on that day vest in the Post Office by virtue of this paragraph, and paragraph 2 of Schedule 9 to this Act shall apply as it does where rights and liabilities so vest by virtue of sections 16 to 18 of this Act;
the Post Office shall have power to use the design for the manufacture of articles on the terms of the agreement as it has effect by virtue of this paragraph, and any person authorised by the Post Office in writing shall have power to use the design for manufacture and supply to the Post Office on such terms.
If an obligation of the department of the Postmaster General , incurred under paragraph 1(5) of Schedule 1 to the Registered Designs Act 1949 to give a notification or furnish information to a person has not been fulfilled before the appointed day, the Post Office shall, on that day, become under obligation to give the notification or furnish the information to that person; and the Post Office shall, on and after that day, be under obligation to furnish to any person who requires it such other information as to the extent of use before that day of a registered design as that department could have been required under this said paragraph 1(5) to furnish to that person if this Act had not passed. Subject to sub-paragraph (4) below, where, on or after the appointed day, use of a registered design is begun under an authority continued in force by, or conferred by virtue of, paragraph 12 of this Schedule the Post Office shall notify the registered proprietor as soon as practicable after the use is begun. Subject as aforesaid, the Post Office shall furnish the registered proprietor with such information as he may from time to time require as to the extent of use, if any, of the registered design after the beginning of the appointed day under such an authority as is mentioned in the last foregoing sub-paragraph or by virtue of paragraph 13 of this Schedule. Nothing in the foregoing provisions of this paragraph shall impose on the Post Office an obligation to give notification or furnish information if the Minister notifies it that it is contrary to the public interest to do so.
Where, in the case of a design, an authority for its use is continued in force by, or is conferred by virtue of, paragraph 12 of this Schedule, then—
if and so far as the design has, before the date of registration thereof, been duly recorded by or applied by or on behalf of a government department otherwise then in consequence of the communication of the design, directly or indirectly, by the registered proprietor or a person from whom he derives title, any use of the design by virtue of the said paragraph 12 may be made free of any royalty or other payment to the registered proprietor;
if and so far as the design has not been so recorded or applied as aforesaid, any use of the design by virtue of the said paragraph 12 at any time after the date of registration thereof or in consequence of any such communication as aforesaid, shall—
except in a case where an agreement as to terms for the use of the design was made before the appointed day under paragraph 1(3) of Schedule 1 to the Registered Designs Act 1949 or a determination as to those terms was made by the court under paragraph 3 of that Schedule, be made upon such terms as may be agreed upon, either before or after the use, between the Post Office and the registered proprietor or as may, in default of such an agreement, be determined by the court on a reference under paragraph 19 of this Schedule;
in the said excepted case, be made upon the terms of the said agreement or determination.
The authority of the Post Office in respect of a design may be given under paragraph 12 or 13 of this Schedule either before or after the design is registered and either before or after the acts in respect of which the authority is given are done, but not so as to authorise the doing before the appointed day of any act; and such authority may be given to any person whether or not he is authorised, directly or indirectly, by the registered proprietor to use the design.
In the case of articles vested in the Post Office and made before the appointed day, in the exercise of the powers conferred by paragraph 1 of Schedule 1 to the Registered Designs Act 1949, and articles so vested and made on or after the appointed day under an authority continued in force by, or conferred by virtue of, paragraph 12 of this Schedule, the Post Office, if the circumstances are such that their supply to the government of a country outside the United Kingdom is, by virtue of paragraph 1(6) of the said Schedule 1 included among the services of the Crown, shall have power to sell them to that government, and if the circumstances are such that their supply to the United Nations is, by virtue of that paragraph, so included, shall have power to sell them to that organisation. In the case of articles mentioned in the last foregoing sub-paragraph and articles vested in the Post Office and made on or after the appointed day by virtue of paragraph 13 of this Schedule, the Post Office shall have power to sell to any person such, if any, of them as are not required for a purpose referable to functions of the Post Office. The purchaser of any articles sold in the exercise of powers conferred by this paragraph, and any person claiming through him, shall have power to deal with them in the same manner as if the rights in the registered design were held by or on behalf of the Post Office.
Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the design is in force under the registered design, then— Subject to the provisions of the last foregoing sub-paragraph, where the registered design or the right to apply for or obtain registration of the design has been assigned to the registered proprietor in consideration of royalties or other benefits determined by reference to the use of the design, then— Where, under paragraph 15 of this Schedule or such an agreement as is referred to in paragraph 13 thereof, payments are required to be made by the Post Office to a registered proprietor in respect of any use of a design, any person, being the holder of an exclusive licence under the registered design (not being such a licence as is mentioned in sub-paragraph (2) of this paragraph) authorising him to make that use of the design, shall— and if, at any time before the amount of any such payment has been settled, that person gives to the Post Office notice in writing of his interest, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent; and for the purposes of this sub-paragraph, a notice given before the appointed day to the department of the Postmaster General in pursuance of paragraph 2(4) of the said Schedule 1 shall have effect as if it had been given to the Post Office. Where any models, documents or information relating to a registered design are used in connection with any such use of the design as is described in sub-paragraph (1) above, paragraph 15 of this Schedule shall, whether or not it applies to the use of the design, apply to the use of the models, documents or information as if, for the reference therein to the registered proprietor, there were substituted a reference to the person entitled to the benefit of any provision of a licence, assignment or agreement which is rendered inoperative by the said sub-paragraph (1) in relation to that use. Nothing in this paragraph shall be construed as authorising the disclosure to the Post Office or any other person of any model, document or information to the use of which this paragraph applies in contravention of any such licence, assignment or agreement as aforesaid.
Any dispute as to the exercise by the Post Office or a person authorised by it of powers subsisting by virtue of this Part of this Schedule, or as to terms for use thereunder of a design, or any models, documents or information relating to a design, or as to the right of any person to receive any part of a payment made in pursuance of paragraph 15 of this Schedule or any such agreement as is referred to in paragraph 13 thereof may be referred to the court by either party to the dispute in such manner as is prescribed by the rules for the time being in force for the purposes of paragraph 3(1) of Schedule 1 to the Registered Designs Act 1949. Sub-paragraphs (2) to (5) of paragraph 3 of the said Schedule 1 shall have effect in relation to proceedings under the foregoing sub-paragraph and disputes that may be determined thereunder as they do in relation to proceedings and disputes that may be determined under sub-paragraph (1) of the said paragraph 3, but subject to the modifications that— Any proceedings under the said paragraph 3 which are in progress immediately before the appointed day, being proceedings to which the department of the Postmaster General is a party, may be continued with the substitution of the Post Office for that department; but in relation to such proceedings, sub-paragraph (3) of the said paragraph 3 shall have effect with the substitution, for the reference to the opinion of a government department, of a reference to the opinion of the Minister stated in a certificate signed by him.
Where, in pursuance of an agreement made before the appointed day in relation to a design between the department of the Postmaster General and the proprietor of the design or any person from whom he derives title, being an agreement to which the Post Office has become a party by virtue of this Act, communication of the design is made to the Post Office or a person authorised by it to consider the merits of the design, an application for the registration of the design shall not be refused and the registration of the design shall not be invalidated by reason only of that communication or of anything done in consequence thereof. An authorisation to consider the merits of a design given under subsection (3) of section 6 of the Registered Designs Act 1949 by the department of the Postmaster General and in force immediately before the appointed day shall remain in force on and after that day as if given by the Post Office and, in relation to that design, the said subsection (3) shall have effect as if references to a government department included references to the Post Office.
Expressions to which meanings are assigned by the Registered Designs Act 1949 for the purposes of that Act have those meanings also for the purposes of this Part of this Schedule.
Section 141.
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" sender ", in relation to a packet, has such meaning as may be assigned to it by any provision of a scheme made under section 28 of this Act, being a provision relating to registered inland packets ; and any reference in this section to the sender or addressee of a packet includes a reference to his personal representatives.
As from the appointed day, it shall be the duty of the Post Office so to exercise its powers as to secure that its revenues are not less than sufficient to meet all charges properly chargeable to revenue account, taking one year with another.
The Post Office shall charge to revenue in every year all charges that are proper to be made to revenue, including, in particular, proper provision for the depreciation of assets and proper allocations to general reserve; and the reference in the foregoing subsection to charges properly chargeable to revenue account shall be construed accordingly.
Without prejudice to its power to establish specific reserves, the Post Office shall establish and maintain a general reserve.
The management by the Post Office of its general reserve, the sums to be carried from time to time to the credit thereof, and the application of the moneys comprised therein shall (subject to the following provisions of this section) be as the Post Office may determine.
None of the moneys comprised in the Post Office's general reserve shall be applied otherwise than for the purposes of the Post Office.
The Minister may, with the approval of the Treasury, give to the Post Office directions as to any matter relating to the establishment or management of the Post Office's general reserve or the carrying of sums to the credit thereof or the application of the moneys comprised therein, and the Post Office shall comply with the directions.
. . .
the net book value of all chattels and corporeal moveables which, immediately before the appointed day, are used, or appropriated for use, by the Postmaster General, being chattels and corporeal moveables that do not, by virtue of section 16 of this Act, vest in the Post Office and in the provision of which the Postmaster General has incurred expenditure treated by him as capital expenditure; and
the aggregate of the sums of which, under the following provisions of this Act, the Post Office is entitled to credit for the purposes of this section.
The rate of interest on the said debt and the date from which interest is to begin to accrue, the arrangements for paying off the principal of the said debt, and the other terms of the said debt shall be such as the Minister, with the approval of the Treasury, may from time to time determine; and different rates and dates may be determined under this subsection with respect to different portions of the said debt.
Any sums received by the Minister by way of interest on, or repayment of, the said debt shall be paid into the National Loans Fund.
In this section "net book value" means, in relation to chattels and corporeal moveables, the value thereof (after deducting depreciation) as shown in the books by reference to which the final statement of accounts under section 12 of the Post Office Act 1961 is prepared.
As regards so much of any sum lent under section 8(1) of the Post Office Act 1961 by the Bank of England to the Postmaster General as is outstanding immediately before the appointed day, the liability to repay it, and to pay interest thereon, shall on that day be transferred to the Post Office.
If, on or after the appointed day, any sums are issued out of the Consolidated Fund in fulfilment of a guarantee given under the said section 8, the Post Office shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments, of such amounts as they may so direct, in or towards repayment of the sums and payments of interest on what is outstanding for the time being in respect of the sums at such rate as they may direct.
The last foregoing subsection shall, as from the appointed day, have effect in relation to sums issued as aforesaid before that day that have not been repaid before that day as it has effect in relation to sums so issued on or after that day.
The Post Office may borrow temporarily, by way of overdraft or otherwise, either from the Minister or, with the consent of the Minister and the approval of the Treasury, from any other person, such sums in sterling as it may require for meeting its obligations and performing its functions.
The Post Office may borrow from the Minister (otherwise than by way of temporary loan) such sums in sterling as it may require for all or any of the following purposes, namely.—
provision of money for meeting any expenses incurred by it in connection with any works the cost of which is properly chargeable to capital account;
provision of working capital required by it;
subscription for, or acquisition of, securities of an incorporated company or other body corporate, promotion of the formation of an incorporated company or participation in the promotion of such a company or acquisition of an undertaking or part of an undertaking ;
payment off of any part of the debt assumed by it under section 33 of this Act, repayment of any money borrowed by the Postmaster General the liability to repay which is transferred to it by the last foregoing section, payment of a sum in or towards repayment of a sum issued out of the Consolidated Fund in fulfilment of a guarantee given under section 8 of the Post Office Act 1961 and repayment of money borrowed by it;
any other purpose for which capital moneys are properly applicable.
The Post Office, with the consent of the Minister, may, from such person and on such terms as he may, with the approval of the Treasury specify, borrow, in a currency other than sterling, any sum which it has power to borrow in sterling from the Minister.
References in this section to borrowing by the Post Office do not include—
borrowing by it from a body corporate which is its subsidiary;
receiving money in its capacity as the provider of any services or using money received in that capacity.
Nothing in this section shall be taken as exempting the Post Office from the provisions of any order under section 1 of the Borrowing (Control and Guarantees) Act 1946 or section 2 of the Loans Guarantee and Borrowing Regulation Act (Northern Ireland) 1946 or from the provisions of the Exchange Control Act 1947.
This section shall come into operation on the appointed day.
The Post Office shall not have power to borrow money except in accordance with the last foregoing section.
The aggregate of— shall not at any time exceed £2,300 million or such greater sum, not exceeding £2,800 million, as the Minister may from time to time by order specify.
the amount outstanding in respect of the principal of any money borrowed under the last foregoing section by the Post Office ; and
so much as is outstanding of the debt assumed by it by virtue of section 33 of this Act;
An order under the last foregoing subsection shall be made by statutory instrument, and no such order shall be made unless a draft thereof has been approved by a resolution of the Commons House of Parliament.
Subsection (4) of the last foregoing section shall apply for the purposes of this section as it applies for the purposes of that.
The Minister may, with the approval of the Treasury, lend to the Post Office any sums which it has power to borrow under section 35(1) or (2) of this Act.
Any loans which the Minister makes under this section shall be repaid to him at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may, with the approval of the Treasury, from time to time direct.
The Treasury may issue out of the National Loans Fund to the Minister such sums as are necessary to enable him to make loans under this section.
Any sums received under subsection (2) above by the Minister shall be paid into the National Loans Fund.
The Treasury may guarantee, in such manner and on such conditions as they may think fit, the repayment of the principal of, and the payment of interest on, any sums which the Post Office borrows from a person other than the Minister.
Immediately after a guarantee is given under this section, the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling a guarantee so given the Treasury shall, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parliament a statement relating to that sum.
Any sums required by the Treasury for fulfilling a guarantee under this section shall be charged on and issued out of the Consolidated Fund.
If any sums are issued in fulfilment of a guarantee given under this section, the Post Office shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments, of such amounts as the Treasury may so direct, in or towards repayment of the sums so issued and payments of interest on what is outstanding for the time being in respect of sums so issued at such rate as the Treasury may so direct.
Any sums received under the last foregoing subsection by the Treasury shall be paid into the Consolidated Fund.
such proportion of the aggregate of the sums owed at that point of time by it to persons in the capacity of customers of its with reference to that service as has previously been determined, in relation to that period, by it with the approval of the Treasury, is matched by assets of its of one or more of the classes specified in Part I of Schedule 2 to this Act; and
the residue of that aggregate is matched by assets of its of one or more of the classes specified in Part II of that Schedule.
The Post Office shall keep proper accounts and other records and shall prepare in respect of each accounting year a statement of accounts in such form as the Minister, with the approval of the Treasury, may direct, being a form which shall conform to the best commercial standards.
The accounts of the Post Office shall be audited by auditors appointed by the Minister after consultation with it, and a person shall not be qualified to be so appointed unless he is a member of one or more of the following bodies— the Institute of Chartered Accountants in England and Wales; the Institute of Chartered Accountants of Scotland; the Association of Certified and Corporate Accountants; the Institute of Chartered Accountants in Ireland; any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(1)(a) of the Companies Act 1948 by the Board of Trade ; but a Scottish firm may be so appointed if each of the partners is qualified to be so appointed.
So soon as the accounts of the Post Office have been audited, it shall send to the Minister a copy of the statement thereof together with a copy of any report made by the auditors on the statement, and the Minister shall lay them before each House of Parliament.
The Post Office shall, in the case of such persons engaged in its business as may be determined by it with the approval of the Minister (not being members of the Post Office), pay such pensions, allowances or gratuities to or in respect of them as may be so determined, make such payments towards the provision of such pensions, allowances or gratuities as may be so determined or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be so determined.
Where a participant in such a scheme as aforesaid becomes a member of the Post Office, he may be treated for the purposes of the scheme as if his service as a member of the Post Office were service as a person engaged in its business otherwise than as such a member, and his rights under the scheme shall not be affected by paragraph 4(1)(b) of Schedule 1 to this Act.
Subject to the provisions of this section, the following shall, instead of being paid out of moneys provided by Parliament, be paid by the Post Office, that is to say:—
any sum that falls to be paid in respect of a period beginning on or after the appointed day by way of allowance or pension under the Superannuation Act 1965 referable to the service of a person who—
ceased to be a civil servant before that day; and
immediately before he so ceased, was employed in the department of the Postmaster General otherwise than wholly in connection with the discharge of the Postmaster General's functions under the following enactments (or any of them), that is to say, the Government Annuities Act 1929, the Post Office Savings Bank Act 1954, the National Debt Act 1958, the Post Office Savings Bank Act 1966 and the National Loans Act 1968;
any additional allowance or gratuity under the Superannuation Act 1965 that falls to be paid on or after the appointed day, being an allowance or gratuity referable to the service of any such person ; and
any sum that falls to be so paid under that Act to any such person by way of return (with or without interest) of periodical contributions.
Where, in the case of such a person as aforesaid, the following conditions are satisfied, namely.—
that, after he ceased to be a civil servant, but before the appointed day, he began to serve in a department other than that of the Postmaster General in an unestablished capacity; and
. . .
that his service in that department continued after the beginning of the appointed day ;
. . .
the foregoing subsection shall not apply to so much of any payment by way of a superannuation or additional allowance granted under the Superannuation Act 1965 to him or of a pension granted under that Act in respect of his service (being a pension the annual rate of which is determined by reference to the rate of his superannuation allowance) as is attributable to—
a completed year of service which begins on or after the appointed day ; or
a completed year of service which begins before, and ends after, that day, being a year in the case of which more than one hundred and eighty-two of the days therein comprised fall after the day immediately preceding that day.
Section 12 of the Superannuation Act 1965 (cessation or reduction of superannuation allowance on re-employment) shall apply in the case of any such person as is therein mentioned who is appointed to fill an office in the Post Office immediately upon his ceasing to serve in the department of the Postmaster General as in the case of a person appointed to fill an office in a public department.
For the purposes of section 13 of the Superannuation Act 1965 (additions to allowances in certain cases of unestablished employment after retirement), service in the Post Office that immediately follows service in the department of the Postmaster General shall be treated as service in the civil service in an unestablished capacity.
Where, in the case of a person who has ceased to be a civil servant, the following conditions are satisfied, namely.—
that, immediately before he so ceased, he was employed elsewhere than in the department of the Postmaster General;
that, after he so ceased, but before the appointed day, he began to serve in that department in an unestablished capacity and continued to serve therein until the appointed day ; and
that, on the appointed day, he began a period of service in the Post Office;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a completed year of service which begins on or after the appointed day ; or
a completed year of service which begins before, and ends after, that day, being a year in the case of which more than one hundred and eighty-two of the days therein comprised fall after the day immediately preceding that day;
In consideration of the fact that, after the beginning of the appointed day, the Exchequer will, by virtue of the foregoing provisions of this Part of this Act, be relieved of liabilities in respect of the provision of pensions, gratuities and other like benefits to, and in respect of, certain persons, the following provisions of this section shall have effect.
It shall be assumed that, on the appointed day, the Minister is the holder of an amount of 2 ½ % Consolidated Stock equal in nominal value to such sum (not being less than £1,000 million nor more than £1,500 million) as he may determine for the purposes of this section (which amount is hereafter in this section referred to as the " assumed amount of stock "); and trustees appointed by the Post Office for the purposes of this section (hereafter in this section referred to as " the trustees ")—
shall, subject to the following provisions of this section, be entitled to receive from him, in accordance with those provisions, quarterly payments (hereafter in this section referred to as " capital payments ") which shall severally be taken to represent the proceeds of assumed sales of portions of the assumed amount of stock and shall continue to be made until, by the operation of this section, the assumed amount of stock has been exhausted, and
shall also, subject as aforesaid, be entitled to receive from him, in accordance with the said provisions, quarterly payments (hereafter in this section referred to as " interest payments") of which the first shall be taken to represent interest on the assumed amount of stock and each subsequent one shall be taken to represent interest on the residue of the assumed amount of stock remaining on the immediately preceding day on which an interest payment was payable.
Capital and interest payments shall be payable on the same days as those on which dividends are payable in respect of 2 ½ % Consolidated Stock, that is to say, 5th January, 5th April, 5th July and 5th October (which days are hereafter in this section referred to as " pay-days "), the first of those payments being payable on the first pay-day following the appointed day.
Subject to the next following subsection, the aggregate of the sums that the trustees are, by virtue of this section, entitled to receive on a pay-day shall be £11,250,000.
Capital payments may be reduced or withheld by the Minister in not more than five financial years (but so that none be reduced or withheld unless, beforehand, the Post Office has been notified by him of the intended reduction or withholding and the reduction or withholding has been approved by resolution of the Commons House of Parliament), subject, however, to this qualification, that if the Minister avails himself of the benefit of this subsection in two successive financial years it shall not be open to him to avail himself of it in the financial year next following.
For the purpose of computing the amount of the first interest payment, it shall be assumed that interest on the assumed amount of stock begins to accrue on the appointed day and accrues from day to day.
Each interest payment subsequent to the first shall be equal to that which would be payable by way of dividend on an actual holding of 2 ½ % Consolidated Stock equal to so much of the assumed amount of stock as was outstanding on the day on which the immediately preceding interest payment was payable.
If, in the case of a pay-day on which a capital payment is payable, the residue of the assumed amount of stock that remained on the immediately preceding pay-day is of an amount such that the proceeds of an assumed sale thereof for the purpose of computing the amount of that payment amount to a sum less than that which, apart from this subsection, the trustees are entitled to receive by way thereof, the requirements of this section shall be deemed to be complied with by the payment by the Minister to the trustees of an amount equal to those proceeds and of the interest payment payable on the first-mentioned pay-day.
For the purposes of this section, an assumed sale of a portion of the assumed amount of stock shall be assumed to take place on the last day before the payment representing the proceeds of the sale is due on which bargains in 2 ½ % Consolidated Stock, other than bargains at special prices, were recorded on the London Stock Exchange, and at a price half way between the highest and lowest prices at which bargains in that stock, other than bargains at special prices, were recorded on that Exchange on that day.
Trustees appointed by the Post Office for the purposes of this section shall hold moneys received by them thereunder, .and any sums accruing by reason of the investment by them of any moneys so received, upon such trusts as may be declared by the Post Office for the purposes of this section, being trusts the objects of which consist in the payment, or the making of provision for the payment, of pensions, allowances and gratuities to, and in respect of, persons with respect to whom determinations made under section 43 of this Act are in force and in the reimbursement of the Post Office sums paid under section 44 or 46 of this Act.
Section 6(1) of this Act shall not operate so as to preclude the appointment of trustees or the declaration of trusts by the Post Office for the purposes of this section before the appointed day.
The Minister may, by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament) make, with the consent of the Treasury, such regulations with respect to the payment of pensions to, or in respect of, persons who, at the passing of this Act are serving in the department of the Postmaster General, being— as appear to him to be requisite for securing that they, and persons claiming in right of them, are not adversely affected in the matter of pension rights by reason only that, in consequence of this Act, they cease to serve in that department.
persons who have pension rights under any of the following schemes, that is to say, the existing pension schemes, the scheme for the payment of pensions commonly known as the Cable and Wireless Pension Fund (being a scheme subsisting by virtue of regulations made under section 6 of the Commonwealth Telegraphs Act 1949) and the scheme for the payment of pensions commonly known as the Cable and Wireless Staff Dependants’ Fund (being a scheme so subsisting); or
persons, other than as aforesaid, who have been in the employment of Cable and Wireless Limited;
Subsections (2) to (4), (7) and (8) of the said section 6 shall apply for the purposes of this section as if references to that section and subsection (1) thereof included references to the foregoing subsection, as if, for references to the existing pension schemes (except in subsection (8)), there were substituted references to the schemes mentioned in subsection (1)(a) above, and as if, in subsection (7), for the reference to 1st January 1947 there were substituted a reference to the day on which this Act passes; and subsection (5) of that section shall, in its application to subsection (2)(a), as applied by this section, have effect as if, for the references to the purposes of any of the existing pension schemes, there were substituted a reference to the purposes of any of the schemes so mentioned.
Regulations under this section may amend or revoke provisions of regulations under the said section 6.
The Secretary of State, with the consent of the Treasury, may from time to time make to the Post Office, out of the National Insurance Fund, such payments as are necessary to secure that, from year to year, it receives the aggregate of the sums that might, in the estimation of the Government Actuary (after consultation with the Secretary of State and the Post Office), have been paid to members, officers and servants of the Post Office under the National Insurance Act 1965 by way of sickness benefit and maternity benefit consisting in maternity allowance had they not, under agreements entered into by them with the Post Office, undertaken to refrain from claiming those benefits in consideration, while entitled to claim them, of their drawing unabated sick pay.
The Secretary of State, with the consent of the Treasury, may from time to time make to the Post Office, out of the Industrial Injuries Fund, such payments as are necessary to secure that, from year to year, it receives the aggregate of the sums that might, in the estimation of the Government Actuary (after consultation with the Secretary of State and the Post Office) have been paid to members, officers and servants of the Post Office under the National Insurance (Industrial Injuries) Act 1965 by way of injury benefit had they not, under agreements entered into by them with the Post Office, undertaken to refrain from claiming it in consideration, while entitled to claim it, of their drawing unabated sick pay.
In the application of this section to Northern Ireland—
for the references to the Secretary of State there shall be substituted references to the Ministry of Health and Social Services for Northern Ireland ;
for the references to the Treasury there shall be substituted references to the Ministry of Finance for Northern Ireland;
for the references to the National Insurance Fund and the Industrial Injuries Fund there shall be substituted respectively references to the Northern Ireland National Insurance Fund and the Northern Ireland Industrial Injuries Fund; and
for the references to the National Insurance Act 1965 and the National Insurance (Industrial Injuries) Act 1965 there shall be substituted respectively references to the National Insurance Act (Northern Ireland) 1966 and the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by order determine the aggregate amount of the rateable values of all hereditaments occupied by the Post Office by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building, being property used for the purposes of telecommunication services; and
by order determine the aggregate amount of the rateable values of the hereditaments occupied by the Post Office by the underground railway ;
and such person as that Minister may by order specify shall, in such manner as that Minister may by order prescribe.— and (subject to the provisions of this section) for the purposes of those lists, so much of the amount determined under paragraph (a) above as is apportioned to a rating district shall be the rateable value of such of the hereditaments mentioned in that paragraph as are in that district, and so much of the amount determined under paragraph (b) above as is apportioned to a rating district shall be the rateable value of such of the hereditaments mentioned in that paragraph as are in that district; and rateable values shall be shown accordingly in lists transmitted to rating authorities in pursuance of section 68(2) of the General Rate Act 1967.
apportion the amount determined under paragraph (a) above among the rating districts in which the hereditaments mentioned in that paragraph are situate; and
apportion the amount determined under paragraph (b) above among the rating districts in which the hereditaments mentioned in that paragraph are situate;
An order under paragraph (a) of the foregoing subsection may, if the Minister of Housing and Local Government thinks fit, provide, with respect to each of the years subsequent to the first with respect to which the order has effect or with respect to such of those years as may be specified in the order.— and, where such an order includes such provision as is authorised by paragraph (a) of this subsection to be included therein, the aggregate amount, as re-determined in accordance with the order, shall be apportioned amongst the rating districts in which the hereditaments in question ace situate in like manner as that amount, as determined by the order, was apportioned.
for the aggregate amount referred to in that paragraph to be re-determined in manner prescribed by the order; or
for the apportioned parts of that amount to be varied in manner so prescribed ;
Where an order under this section includes any such provision as is authorised by the last foregoing subsection to be included therein it may, further, include provision for effecting such alterations in rateable values shown in rating lists as are rendered requisite in consequence of an apportionment effected by virtue of the last foregoing subsection or a variation effected by virtue of the order and for any incidental, supplementary or consequential matters for which it appears to the Minister of Housing and Local Government requisite to provide for the purposes of the order.
No proposal shall be made under section 69 of the General Rate Act 1967 for the alteration of a rateable value shown, by virtue of this section, in a list.
For the purposes of the law relating to rating, the Post Office shall be treated as not being a public utility undertaking.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Expressions used in this section and in the General Rate Act 1967 have the same meanings in this section as in that Act, and the expression " the underground railway " means the railway constructed, and the works executed, by the Postmaster General in exercise of the powers conferred by the Post Office (London) Railway Act 1913, and the railway constructed, and the works associated therewith executed, by him in exercise of the powers conferred by the Post Office (Site and Railway) Act 1954.
This section extends to England and Wales only.
For the purposes of the valuation roll for the year 1971-72 and for each subsequent year of revaluation, the Secretary of State shall, after consultation with the Post Office and such associations of local authorities and such local authorities as he considers appropriate, by order determine the aggregate amount of the rateable values of all lands and heritages occupied by the Post Office by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building, being property used for the purposes of telecommunication services.
The aggregate amount determined under the foregoing subsection shall be entered by the Assessor of Public Undertakings (Scotland) in the valuation roll made up by him and shall be apportioned by him in that roll among rating areas in such manner as the Secretary of State may by order determine.
An order under subsection (1) above may, if the Secretary of State thinks fit, provide, with respect to each of the years subsequent to the first with respect to which the order has effect or with respect to such of those years as may be specified in the order.— and, where such an order includes such provision as is authorised by paragraph (a) above to be included therein, the aggregate amount, as re-determined in accordance with the order, shall be apportioned among rating areas in like manner as that amount, as determined by the order, was apportioned.
for the aggregate amount referred to in that subsection to be re-determined in manner prescribed by the order ; or
for the apportioned parts of that amount to be varied in manner so prescribed ;
Where an order under this section includes any such provision as is authorised by the last foregoing subsection to be included therein it may, further, include provision for effecting such alterations in rateable values shown in the valuation roll as are rendered requisite in consequence of an apportionment effected by virtue of the last foregoing subsection or a variation effected by virtue of the order and for any incidental, supplementary or consequential matters for which it appears to the Secretary of State requisite to provide for the purposes of the order.
The rate to be levied by a county council for the year 1971-72 and subsequent years on the rateable value apportioned to their area by virtue of subsection (2) above shall be the mean of the county rate and the highest aggregate rate levied in the separately rated areas of the landward area of the county.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section "county rate " has the same meaning as in section 224(1) of the Local Government (Scotland) Act 1947, and other expressions have the same meanings as in the Local Government (Scotland) Act 1966.
This section extends to Scotland only.
For the purposes of any valuation lists coming into force for the year beginning 1st April in a relevant year the Secretary of State shall, after consultation with the Post Office and such associations of rating authorities and such rating authorities as he considers appropriate, by order determine the aggregate amount of the net annual value of the following hereditaments occupied by the Post Office for the purposes of telecommunication services, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building.
The aggregate amount determined under subsection (1) above shall be apportioned by the Commissioner of Valuation for Northern Ireland in the valuation lists prepared by him among the areas of local authorities in such manner as the Secretary of State may by order prescribe.
An order under subsection (1) above may, if the Secretary of State thinks fit, provide, with respect to each of the years subsequent to the first with respect to which the order has effect or with respect to such of those years as may be specified in the order.— and, where such an order includes such provision as is authorised by paragraph (a) above to be included therein, the aggregate amount, as re-determined in accordance with the order, shall be apportioned among the areas of the local authorities in which the hereditaments in question are situate in like manner as that amount, as determined by the order, was apportioned.
for the aggregate amount referred to in that subsection to be re-determined in manner prescribed by the order; or
for the apportioned parts of that amount to be varied in manner so prescribed ;
Where an order under this section includes any such provision as is authorised by the last foregoing subsection to be included therein it may, further, include provision for effecting such alterations in net annual values shown in valuation lists as are rendered requisite in consequence of an apportionment effected by virtue of that subsection or a variation effected by virtue of the order and for any incidental, supplementary or consequential matters for which it appears to the Secretary of State requisite to provide for the purposes of the order.
Where the Secretary of State makes an order under subsection (1) above which includes any such provision as is authorised by subsection (3) above, any such hereditament as is mentioned in subsection (1) above shall, for the purposes of sections 4 and 5 of the Valuation (Ireland) Act 1854, be deemed to have been included in any lists prepared under those sections for any year in which any re-determination or variation effected by virtue of the order has effect.
The Commissioner of Valuation for Northern Ireland shall not—
make any interim revision of the net annual value of any such hereditament as is mentioned in subsection (1) above; or
except as authorised by virtue of the foregoing provisions of this section, make any annual revision of any such hereditament as is so mentioned.
The Post Office shall, for the purposes of section 4 of the Rating and Valuation (Apportionment) Act (Northern Ireland) 1928, be deemed not to be a public supply undertaking.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
This section extends to Northern Ireland only.
The Minister may authorise the Post Office to purchase compulsorily any land in Great Britain which is required by it for, or in connection with, the exercise of its powers or as to which it can reasonably be foreseen that it will be so required ; and the Acquisition of Land (Authorisation Procedure) Act 1946 shall apply to the compulsory purchase of land in Great Britain by the Post Office as if the Post Office 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.
The power of purchasing land compulsorily in this section shall include power to acquire, by the creation of a new right, an easement or other right over land, other than land which would, for the purposes of the Acquisition of Land (Authorisation Procedure) Act 1946, form part of a common, open space or fuel or field garden allotment.
In the application of this section to Scotland, there shall be substituted, for any reference to the Acquisition of Land (Authorisation Procedure) Act 1946, a reference to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and, for any reference to an easement, a reference to a servitude; and the reference in the last foregoing subsection to a fuel or field garden allotment shall be omitted.
Where the Post Office desires to acquire, otherwise than by agreement, any land in Northern Ireland required by it for, or in connection with, the exercise of its powers or as to which it can reasonably be foreseen that it will be so required, it may apply to the Minister for an order vesting that land in it, and the Minister shall have power to make such an order.
For the purposes of the acquisition of land by means of a vesting order under this section, Schedules 5 and 6 to the Roads Act (Northern Ireland) 1948 (as amended by any enactment of the Parliament of Northern Ireland passed before the passing of this Act) are hereby incorporated in this Act subject to the modifications specified in Schedule 3 to this Act.
The Acquisition of Land (Assessment of Compensation) Act 1919 shall, in its application to any land vested in the Post Office by an order made under this section, have effect as amended by the Lands Tribunal and Compensation Act (Northern Ireland) 1964.
In this section, and in Schedule 3 to this Act and in the said Schedule 5 as incorporated in this Act, " land " has the meaning assigned to it by section 45(1)(a) of the Interpretation Act (Northern Ireland) 1954 and, in Schedule 3 to this Act and in the said Schedule 5 as so incorporated, " estate" has the meaning assigned to it by section 45(2) of that Act.
A person duly authorised in writing by the Post Office may, at any reasonable time, enter upon and survey any land in England or Wales other than land covered by buildings or used as a garden or pleasure ground, for the purpose of ascertaining whether the land would be suitable for use for the purposes of its business.
Sections 211(6) and 212(1) to (3) and (6) of the Town and Country Planning Act 1962 (which contain supplementary provisions relating to the powers of entry conferred by section 211(1) to (5) thereof) shall have effect in relation to the power conferred by this section as they have effect in relation to the powers conferred by the said section 211, subject, however, to the following modifications, namely.—
that section 211(6) (which relates to power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein) shall so have effect as if the words " or the presence of minerals therein " were omitted; and
that section 212(1) (which requires twenty-four hours' notice to be given of an intended entry upon occupied land) shall so have effect as if, for the words " twenty-four hours", there were substituted the words " twenty-eight days ".
Where, in an exercise of the power conferred by this section, any damage is caused to land or to chattels, any person interested in the land or chattels may recover from the Post Office compensation in respect of the damage; and where, in consequence of an exercise of that power, any person is disturbed in his enjoyment of any land or chattels, he may recover from the Post Office compensation in respect of the disturbance.
Section 128 of the Town and Country Planning Act 1962 (which provides for the determination of disputes as to compensation under Part VII of that Act) shall apply to any question of disputed compensation under this section.
This section shall come into operation on the appointed day.
A person duly authorised in writing by the Post Office may, at any reasonable time, enter upon and survey any land in Scotland, other than land covered by buildings or used as a garden or pleasure ground, for the purpose of ascertaining whether the land would be suitable for use for the purposes of its business.
Subsections (4) to (6) and subsection (9) of section 99 of the Town and Country Planning (Scotland) Act 1947 (supplementary provisions as to powers of entry) shall have effect in relation to the power conferred by this section as they have effect in relation to the powers conferred by the said section 99 subject, however, to the following modifications, namely.—
that section 99(4) (twenty-four hours' notice to be given of an intended entry upon occupied land) shall so have effect as if, for the words, " twenty-four hours ", there were substituted the words " twenty-eight days "; and
that section 99(9) (power to search and bore for minerals, &c.) shall so have effect as if the words " or the presence of minerals therein " were omitted.
Where, in an exercise of the power conferred by this section, any damage is caused to land or to corporeal moveables, any person interested in the land or corporeal movables may recover from the Post Office compensation in respect of the damage; and where, in consequence of an exercise of that power, any person is disturbed in his enjoyment of any land or corporeal moveables, he may recover from the Post Office compensation in respect of the disturbance.
Any question arising under this section as to the effect of damage or as to the amount of compensation shall, in the case of dispute be determined by arbitration, and the reference in such an arbitration shall be to a single arbiter to be appointed by agreement between the parties or, in default of an agreement, by the Minister.
This section shall come into operation on the appointed day.
A person duly authorised in writing by the Post Office may, at any reasonable time, enter upon and survey any land in Northern Ireland, other than land covered by buildings or used as a garden or pleasure ground, for the purpose of ascertaining whether the land would be suitable for use for the purposes of its business.
Subsections (2) to (5) and (8) of section 40 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 (which contain supplementary provisions relating to the power of entry conferred by subsection (1) of that section) shall have effect in relation to the power conferred by this section as they have effect in relation to the power conferred by the said subsection (1), subject, however, to the following modifications, namely.—
that section 40(2) (which relates to power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein) shall so have effect as if the words " or the presence of minerals therein " were omitted ; and
that section 40(3)(b) (which requires three days' notice to be given of an intended entry upon occupied land) shall so have effect as if, for the word " three ", there were substituted the word " twenty-eight ".
Where, in an exercise of the power conferred by this section, any damage is caused to land or to chattels, any person interested in the land or chattels may recover from the Post Office compensation in respect of the damage; and where, in consequence of an exercise of that power, any person is disturbed in his enjoyment of any land or chattels, he may recover from the Post Office compensation in respect of the disturbance.
Section 31 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 (which provides for the determination of disputes as to compensation under Part III of that Act) shall apply to any question of disputed compensation under this section.
This section shall come into operation on the appointed day.
For the purpose of the acquisition by the Post Office by agreement of land in England or Wales, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 27 and section 31 shall apply.
For the purpose of the acquisition by the Post Office by agreement of land in Scotland, section 37(2) of the Town and Country Planning (Scotland) Act 1947 (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.
For the purpose of the acquisition by the Post Office by agreement 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.
Subject to the provisions of this section, a packet in the post, anything contained in a packet in the post and a mail-bag containing a packet in the post shall (if it is not the property of the Crown) have the like immunity from examination under a power conferred by or under any enactment (whether passed before or after this Act), from seizure or detention under such a power, from seizure under distress or in execution and from retention by virtue of a lien, as it would have if it were the property of the Crown.
The Post Office and a person who is engaged in its business shall be entitled to the like immunity from prosecution for possession of anything contained in a packet in the post, being a thing whose possession is prohibited by or under any enactment (whether passed before or after this Act), and for failure to comply, as respects anything contained in a packet in the post, with any condition or restriction imposed by or under any enactment (whether passed before or after this Act) with respect to its possession, carriage or delivery, as the Post Office and that person would be entitled to if the Post Office were a government department.
Subsection (1) above does not apply to a power conferred by an enactment for the time being in force relating to customs in its application, by virtue of section 16 of the Post Office Act 1953 or any regulations made under that section, to goods contained in postal packets, or to the powers conferred by sections 17 (detention of postal packets containing contraband) and 26(6) (search and seizure of postal packets by officers of customs and excise) of that Act.
Information obtained by a person in the course of the provision for another, by virtue of this Part of this Act, of data processing services or services connected therewith shall not, without the consent of that other, be disclosed by the first-mentioned person except for the purpose of performing his duties in relation to those services or in such cases as may be required by law.
A person who discloses information in contravention of the foregoing subsection shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
on summary conviction, to a fine not exceeding £400.
Any statutory provision made with respect to a harbour authority shall, on the appointed day, cease to have effect in so far as it exempts mail-bags or any description thereof from charges.
No charge imposed by a harbour authority in respect of goods brought into, taken out of, or carried through a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing shall apply to goods contained in—
mail-bags carried by the Post Office or consigned by it to another for carriage (whether to a foreign administration or not) or by a foreign administration to it for carriage; or
mail-bags consigned by one foreign administration to another, being mail-bags which, when in the United Kingdom, are in the charge of the Post Office.
Charges in respect of mail-bags and their contents exigible by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (being mail-bags carried or consigned as aforesaid) shall, notwithstanding anything in any statutory provision made with respect to the authority, not be payable before the expiration of the period of eight weeks beginning with the day on which the bags are brought within the limits of the harbour, and shall be recoverable by means of proceedings instituted in that behalf in any court of competent jurisdiction to the exclusion of any other means.
In this section, except in its application to Northern Ireland or the Isle of Man, references to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed in like manner as if they were contained in the Harbours Act 1964.
In the application of this section to Northern Ireland, references to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed as references to a harbour which is being improved, maintained or managed by such an authority in the exercise of powers conferred by a statutory provision, in the performance of duties imposed by a statutory provision or in the exercise and performance of powers conferred and duties imposed by a statutory provision.
In the application of this section to the Isle of Man, references to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed as referring to a harbour vested in the Isle of Man Harbour Board.
mail-bags carried by the Post Office or consigned by it to another for carriage (whether to a foreign administration or not) or by a foreign administration to it for carriage; or
mail-bags consigned by one foreign administration to another, being mail-bags which, when in the United Kingdom, are in the charge of the Post Office.
section 77 of the Post Office Act 1953 (exemption from toll); and
any other statutory provision, in so far as (apart from this section) it would operate to exempt from a toll a person engaged in the business of the Post Office or an animal or vehicle used for the purposes of that business, or a mail-bag (within the meaning of the Post Office Act 1953) or person in charge thereof.
A certificate of the Post Office that a specified sum is due to it from a specified person under provisions of a scheme made under section 28 of this Act with respect to telecommunication services shall, in any proceedings instituted by it against him or his personal representatives or against it by him or his personal representatives, be evidence (and, in Scotland, sufficient evidence) of that fact.
A certificate of the Post Office that a specified sum is due to it from a specified person under an agreement with respect to telecommunication services provided by it shall (subject to any term of the agreement to the contrary), in any proceedings instituted by it against him or his personal representatives or against it by him or his personal representatives, be evidence (and, in Scotland, sufficient evidence) of that fact.
In any proceedings instituted by or against the Post Office to which the rate at which a charge was levied at any time, in respect of a service, by an authority outside the British Islands is material, a certificate of the Post Office that the charge was levied at that rate at that time in respect of that service by that authority shall be conclusive evidence of that fact.
Where, in the British Islands, a money or postal order issued by the Post Office is presented for payment by a banker to whom it has been delivered for collection, payment of it to him discharges it.
Where, in the British Islands.— is presented for payment 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.
an uncrossed money or postal order issued by the Post Office, being an order expressed to be payable to a person specified or described therein and being, or purporting to be, signed by him or on his behalf; or
an uncrossed postal order so issued, being an order not expressed to be payable to such a person;
A money or postal order issued by the Post Office is discharged by the payment thereof outside the British Islands in accordance with arrangements in that behalf made by the Post Office.
Where a money or postal order issued by a foreign administration is paid by the Post Office 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 Post Office shall not be liable to the true owner of the order by reason of having paid it to that banker.
Where— is presented to the Post Office 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 Post Office to the person presenting it shall not render the Post Office liable to the true owner of the order.
an uncrossed money or postal order issued by a foreign administration, being an order expressed to be payable to a person specified or described therein and purporting to be signed by him or on his behalf ; or
an uncrossed postal order so issued, being an order not expressed to be payable to such a person;
No proceedings shall lie against the Post Office for loss or damage due to refusal by it to pay, or delay by it in paying, a money or postal order issued by it or a foreign administration.
A scheme made under section 28 of this Act may provide that a money or postal order issued by the Post Office or a foreign administration will not, after the expiration of a specified period, be paid by the Post Office except on satisfaction of specified conditions.
References in this section (except that in subsection (3)) to a money order issued by the Post Office shall be construed as including references to an order issued by it in pursuance of such an arrangement as is mentioned in section 24 of the Post Office Act 1953 (arrangements with other countries as to transmission of small sums through post offices), being an order which is for the payment of money in the British Islands and corresponds to a money order issued by the Post Office.
Where, after payment by the Post Office to a banker to whom it has been delivered for collection of a money order issued by the Post Office or a foreign administration, it is found that it ought not to have been paid, the sum paid may be deducted from sums subsequently falling to be paid by the Post Office to that banker by way of payment of money orders so issued that have been delivered to him for collection.
References in this section to a money order issued by the Post Office shall be construed as including references to an order issued by it in pursuance of such an arrangement as is mentioned in section 24 of the Post Office Act 1953, being an order which is for the payment of money in the British Islands and corresponds to a money order issued by the Post Office.
In the case of a postal or telegraphic service rendered by the Post Office in pursuance of the Representation of the People Act 1949 without charge, the Post Office shall be entitled to be remunerated for having rendered it at the rate for the time being fixed in relation thereto by virtue of section 28 of this Act.
A sum which, by virtue of the foregoing subsection, the Post Office is entitled to receive shall be charged on, and issued out of, the Consolidated Fund.
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The Taxation of Chargeable Gains Act 1992 shall apply in relation to a disposal by the Post Office of an asset acquired by virtue of this Part of this Act as if the acquisition or provision of the asset by the Crown had been the acquisition or provision of it by the Post Office.
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The provisions of Schedule 4 to this Act shall have effect for adapting the provisions of the enactments and Orders in Council therein mentioned in consequence of the assumption by the Post Office of functions which, before the appointed day, are exercised and performed by the Postmaster General.
sends, by means of a public telecommunication service, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character ; or
for the purpose of causing annoyance, inconvenience or needless anxiety to another, sends by those means a message that he knows to be false or persistently makes use for that purpose of public telecommunication services;
There shall be excluded from the workers in relation to whom the Road Haulage Wages Council and any wages council established under Part I of the Wages Councils Act 1959 may operate any persons employed by the Post Office on road haulage work within the meaning of the Road Haulage Wages Act 1938 ; and there shall be excluded from the workers in relation to whom the Road Haulage Wages Council (Northern Ireland) and any wages council established under the Wages Councils Act (Northern Ireland) 1945 may operate any persons employed by the Post Office on road haulage work within the meaning of paragraph 1 of the Schedule to the Road Haulage Wages Council (Northern Ireland) (Variation) Order 1952.
Part II of the Road Haulage Wages Act 1938 (provisions with respect to the remuneration of workers employed by private carriers in connection with the mechanical transport of goods by road) shall not apply to work done by a person employed by the Post Office.
For the purposes of any wages regulation order in force under Part II of the Wages Councils Act 1959 on the appointed day, vehicles which are being used by the Post Office by persons employed by it, being vehicles which are specified in licences, shall be deemed to be vehicles not specified in any licence, and so much of section 94(10) of the Transport Act 1968 as requires vehicles not specified in an A licence or a B licence to be treated as so specified if used wholly or mainly for a purpose for which, but for section 93 of that Act, an A licence or a B licence would be required shall not apply to vehicles that are being used by the Post Office by persons employed by it.
The Minister may, at the request of a county council and after consultation with the Post Office, give to the Post Office a direction that, during such period as may be specified in the direction (which shall not begin before the appointed day nor end after the day immediately preceding the transfer date), it shall, in normal business hours, issue on behalf of the council licences under the Vehicles (Excise) Act 1962.
Subsections (4), (5) and (6) of section 12 of this Act shall apply for the purposes of the foregoing subsection as if any reference in those subsections to subsection (2) of that section included a reference to the foregoing subsection.
In consideration of its complying with a direction given under this section with reference to a county council, the Post Office shall be entitled to receive payment from that council (of an amount to be determined, in the event of a dispute's arising as to the amount thereof, by the Minister).
In this section the expression " county council" shall be construed in like manner as if it were contained in the Vehicles (Excise) Act 1962 and " the transfer date" means the date which, by virtue of subsection (2) of section 1 of the Vehicle and Driving Licences Act 1969, is appointed by the Minister of Transport for the purposes of subsection (1) of that section.
section 9(6)(g) (the effect of which is to require the transmission, free of charge, of business telegrams sent by the successors to certain railway undertakers);
section 9(7) (the effect of which is to enable the said successors to be required to transmit the telegrams of others by means of lines controlled by them);
section 9(8) (the effect of which, as read with section 5 of the Telegraph Act 1869, is to enable the said successors to work, without infringement of the exclusive privilege conferred by section 4 of that Act, telegraphs erected under arrangements made by them with certain traders); and
section 12 (the effect of which is to subject part of the British Waterways Board's canal system to a way-leave for telegraphs and to require the transmission, free of charge, of certain telegrams sent by that Board).
Notwithstanding anything in a scheme made under section 28 of this Act.—
petitions and addresses forwarded to Her Majesty or, in Northern Ireland, to the Governor of Northern Ireland, by post shall be exempt from postage chargeable by the Post Office ; and
petitions and addresses to Her Majesty, and petitions addressed to either House of Parliament, sent by post to a member of either House of Parliament shall be exempt from postage so chargeable if the petitions or addresses do not exceed thirty-two ounces in weight and are sent without covers or in covers open at the sides.
Notwithstanding anything in a scheme made under section 28 of this Act, where the postage chargeable by the Post Office on a packet consisting of parliamentary proceedings has not been prepaid by the sender or has been insufficiently prepaid by him, there shall not be recoverable by the Post Office (whether from the sender or the addressee) a sum exceeding the amount, as the case may be, of the postage or of the deficiency.
In the application of this section to Northern Ireland, "Parliament" includes the Parliament of Northern Ireland and " parliamentary " shall be construed accordingly.
The following provisions shall have effect in relation to the financial year ending 31st March next before the appointed day:—
the duties imposed by section 12 of the Post Office Act 1961 on the Postmaster General to prepare, in respect of each financial year, a statement of accounts and a report on the business of the Post Office, shall, if not discharged by him before the appointed day, be discharged instead by the Post Office;
the duty imposed by that section on him to lay before Parliament copies of that report having annexed thereto copies of the statement of accounts and of the Comptroller and Auditor General's report thereon shall, if not discharged by the Postmaster General before the appointed day, be discharged instead by the Minister;
the statement of accounts in respect of that year and the copy of the Comptroller and Auditor General's report thereon shall, if not returned by him to the Postmaster General before the appointed day, be returned to the Post Office; and
the Post Office shall transmit to the Minister copies of any document prepared by, or returned to, it in pursuance of this subsection.
If the appointed day is other than a 1st April, the said section 12 and the last foregoing subsection shall have effect in relation to the period beginning with the immediately preceding 1st April and ending with the day immediately preceding the appointed day as they apply with respect to the financial year mentioned in that subsection, subject, however.—
in the case of that section, to the modification that anything required to be done before the end of a specified month shall be done as soon as possible; and
in the case of that subsection, to the omission of any such words as render conditional a duty thereby imposed.
In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
" accounting year " means the period beginning with the appointed day and ending with 31st March next following or any subsequent period of twelve months beginning with the end of a previous accounting year ;
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In the event of the conclusion of any such agreement as follows, namely.— Her Majesty may by Order in Council make such provision as it appears to Her requisite or expedient to make in order to enable effect to be given to the agreement or in consequence of the conclusion thereof, including in particular, provision for the amendment or repeal of enactments (including enactments contained in this Act) or other instruments.
an agreement between the Minister and the Government of the Isle of Man providing for either or both of the following, namely.—
the surrender by the Post Office, as regards that Isle, of the privilege conferred on the Post Office by section 3 of the Post Office Act 1953 and the administration in that Isle of postal services by, or under the authority of, that government instead of by the Post Office ;
the surrender by the Post Office, as regards that Isle, of the privilege conferred on the Post Office by section 24 of this Act and the administration in that Isle of telecommunication services by, or under the authority of, that government instead of by the Post Office;
an agreement between the Minister and the States of Jersey providing for either or both of the following, namely.—
the surrender by the Post Office, as regards the Bailiwick of Jersey, of the privilege conferred on the Post Office by the said section 3 and the administration in that Bailiwick of postal services by, or under the authority of, the States instead of by the Post Office;
the surrender by the Post Office, as regards that Bailiwick, of the privilege conferred on the Post Office by the said section 24 and the administration in that Bailiwick by, or under the authority of, the States instead of by the Post Office of such telecommunication services as are being administered there by the Post Office ; or
an agreement between the Minister and the States of Guernsey providing for either or both of the following, namely.—
the surrender by the Post Office, as regards the Bailiwick of Guernsey, of the privilege conferred on the Post Office by the said section 3 and the administration in that Bailiwick of postal services by, or under the authority of, the States instead of by the Post Office ;
the surrender by the Post Office, as regards that Bailiwick, of the privilege conferred on the Post Office by the said section 24 and the administration in that Bailiwick by, or under the authority of, the States instead of by the Post Office of such telecommunication services as are being administered there by the Post Office ;
The power conferred by the foregoing subsection on Her Majesty to make an Order in Council shall include power, exercisable in like manner, to vary or revoke an Order in Council made in exercise of that power.
The following shall extend to the Isle of Man and the Channel Islands, namely,—
this Part of this Act, except sections 76 and 77 and any provision which, by its terms, is limited in its operation to a part of the United Kingdom; and
Schedules 1 and 2 to this Act.
Section 76 of, and Schedule 4 to, this Act shall—
in their application to an enactment that is expressed (either in the Act containing it or in another Act, and either directly or indirectly) to extend to the Isle of Man, extend to that Isle; and
in their application to an enactment that is so expressed to extend to the Channel Islands, extend to those Islands.
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shall, except so far as relating to the Post Office (Protection) Act 1884, extend to the Isle of Man; and
shall, except so far as relating to that Act and the Telegraph Act 1863, extend to the Channel Islands.
Subsections (1), (2) and (4) above shall have effect subject to the provisions of any Order in Council made under the last foregoing section.
Subject to the provisions of this section and to any exceptions for which provision may be made by order of the Minister, it shall not, as from the appointed day, be lawful, except under, and in accordance with, a written licence in that behalf granted by him, for a system to be run for—
the distribution in the United Kingdom, through the agency of energy of any of the kinds specified in subsection (2) below, of a programme of matter serving, by means of sounds or visual images (or both), to inform persons of anything or to educate or entertain them ; or
the conveyance, through the agency of energy of any of the said kinds, of any such programme as aforesaid to a place in the United Kingdom to which members of the public have access (whether on payment or not), for the purpose of its being presented there to members of the public.
The said kinds of energy are electric, magnetic, electromagnetic, electro-chemical and electro-mechanical.
In the event of a contravention of this section in relation to a system, the person running it (or, if different parts of it are run by different persons, each of them) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £400.
This section shall not apply to the Post Office, the British Broadcasting Corporation or the Independent Television Authority.
Where a body corporate is guilty of an offence under this section and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In this section, the expression " director", in relation to a body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
Without prejudice to subsection (3) of this section, compliance with subsection (1) thereof shall be enforceable by civil proceedings by the Crown for an injunction or for any other appropriate relief.
The prohibition imposed by this section shall not extend to the doing of anything by the sole means of apparatus for wireless telegraphy (within the meaning of the Wireless Telegraphy Act 1949).
In the application of subsection (6) above to Scotland, for the words " civil proceedings by the Crown for an injunction ", there shall be substituted the words " civil proceedings by the Lord Advocate for an interdict ".
A licence granted under the last foregoing section may be issued subject to such terms, provisions and limitations as the Minister may mink fit.
A licence so granted shall, unless previously revoked by the Minister, continue in force for such period as may be specified in the licence.
A licence so granted may be revoked, or the terms, provisions or limitations thereof varied, by a notice in writing of the Minister served on the holder of the licence or by a general notice applicable to licences of the class to which the licence in question belongs published in such manner as may be specified in the licence.
On the issue or renewal of a licence so granted, and, where the regulations under this section so provide, at such times thereafter as may be prescribed by the regulations, there shall be paid to the Minister by the person to whom the licence is issued such sums as may be prescribed by regulations to be made by the Minister with the consent of the Treasury; but this provision shall be subject to the qualification that the regulations thereunder may contain provisions authorising, in such cases as are not otherwise dealt with under the regulations, the charge by the Minister of such sums, whether on the issue or renewal of the licence or subsequently, as may in the particular case appear to him to be proper.
Different provision may be made by regulations under the last foregoing subsection in relation to different licences, according to the nature, terms, provisions, limitations and duration thereof.
A payment required by virtue of this section to be rendered to the Minister may be recovered by him in any court of competent jurisdiction as if it were a simple contract debt.
The Minister shall have power to make, in such cases or classes of cases as the Treasury may determine, refunds of sums received by him under subsection (4) above.
A payment made in exercise of the power conferred by the last foregoing subsection shall be defrayed out of sums received by the Minister under subsection (4) above.
The surplus of sums received under subsection (4) above over sums paid in exercise of the power conferred by subsection (7) above shall from time to time be paid into the Consolidated Fund.
In the application of subsection (6) above to Scotland, the words " as if it were a simple contract debt" shall be omitted.
If, in England, Wales or Northern Ireland, a justice of the peace, or, in Scotland, the sheriff, is satisfied by information on oath that there is reasonable ground for suspecting that an offence under section 89 of this Act has been, or is being, committed, and that evidence of the commission of the offence is to be found on any premises specified in the information, he may grant a search warrant authorising any person or persons authorised in that behalf by the Minister and named in the warrant, with or without any constables, to enter, at any time within one month from the date of the warrant, the premises specified in the information and to search the premises and examine and test any apparatus found thereon.
Where, under this section, a person has a right to examine any apparatus on any premises, it shall be the duty of any person who is on the premises to give him any such assistance as he may reasonably require in the examination or testing of the apparatus.
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £400, and a person who discloses, otherwise than for the purposes of this Part of this Act or of a report of proceedings thereunder, any information obtained by means of an exercise of powers conferred by this section, being information relating to a manufacturing process or trade secret, shall be guilty of an offence and liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
on summary conviction, to a fine not exceeding £400.
The power conferred by section 89 of this Act on the Minister to make an order and the power conferred on him by section 90 of this Act to make regulations shall be exercisable by statutory instrument.
A statutory instrument by which either of the aforesaid powers is exercised shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The power conferred by section 89 of this Act on the Minister to make an order shall include power, exercisable in like manner, to vary or revoke an order made in exercise of that power.
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The expenses of the Director of Savings shall, unless required by some provision of this Act to be borne in some other manner, be defrayed out of moneys provided by Parliament.
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, as from the appointed day, and—
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the provisions of the Post Office Savings Bank Act 1966 specified in column 1 of Part II of that Schedule shall have effect subject to the amendments respectively specified in relation thereto in column 2 of that Part;
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any reference to the Postmaster General in a nomination executed under regulations made, or having effect as if made, under section 2 of the Post Office Savings Bank Act 1954 shall be construed as referring to the Director of Savings.
The amendment of section 27 of the Crown Proceedings Act 1947 effected by virtue of subsection (2)(c) above is an amendment of that section as well in its application to the Crown in right of Her Majesty’s Government in Northern Ireland as in its application to the Crown in right of Her Majesty’s Government in the United Kingdom.
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For section 16 of the Post Office Savings Bank Act 1954 (repayment of sums withdrawn by depositors, payment of expenses and investment of funds), there shall be substituted the following section:—.
This section shall come into operation on the appointed day.
As from the appointed day, section 3 of the Post Office Savings Bank Act 1966 (which requires a separate account to be kept for the purposes of that Act) shall have effect with the substitution, for subsections (1) and (2) thereof, of the following subsections:—, and with the substitution, for the reference, in subsection (3)(b), to the Postmaster General, of a reference to the Treasury.
There shall be included amongst the sums to be debited from time to time to the National Savings Bank Investment Account Fund—
such sums as the Treasury may determine to be equal to those expended by the Director of Savings in connection with investment deposits ; and
such sums as may be necessary to secure that, year by year, there is contributed to the Exchequers of the United Kingdom and Northern Ireland as nearly as may be what would be contributed thereto in respect of the National Savings Bank by way of corporation tax if that bank were a savings bank certified under the Trustee Savings Banks Act 1954, section 439(1) of the Income Tax Act 1952 (exemption of trustee savings banks' income from tax in respect of interest and dividends arising from investments with the National Debt Commissioners) had not been enacted and the business of that bank were confined to activities concerned with investment deposits.
Sums debited by virtue of paragraph (a) or (b) of the foregoing subsection shall be paid into the Consolidated Fund, and those debited by virtue of paragraph (b) shall be treated, for the purposes of subsection (2) of section 22 of the Government of Ireland Act 1920 (annual determination by Joint Exchequer Board of what part of the proceeds of the reserved taxes is properly attributable to Northern Ireland), as being proceeds of the duties and taxes referred to in subsection (1) of that section.
This section shall come into operation on the appointed day.
The Director of Savings and the National Debt Commissioners shall, as respects the year in which the appointed day falls and each subsequent year, prepare a statement showing— and shall, before the end of May next following, transmit it to the Comptroller and Auditor General who shall examine, certify and report on it and lay copies of it, together with copies of his report on it, before Parliament.
the aggregate of the sums received and repaid during the year in respect of ordinary deposits;
the aggregate of the sums paid or credited during the year by way of interest on ordinary deposits ;
the aggregate liabilities, as at the end of the year, so far as regards ordinary deposits ;
the nominal value and the description, as at the end of the year, of the investments held by the Commissioners which have been made under section 16 of the Post Office Savings Bank Act 1954;
the aggregate of the sums that accrued during the year by way of interest on investments made under that section by the Commissioners; and
the amount of the expenses incurred during that year in the execution of that Act;
No accounts or statements shall be made out or prepared under the Post Office Savings Bank Act 1954 as respects the year in which the appointed day falls or any subsequent year; and anything which, in the first-mentioned year, falls, by virtue of section 15 or 20 of that Act (annual account of ordinary deposits to be laid before Parliament, and annual account of liabilities with respect to such deposits to be so laid), to be done by the Postmaster General shall, if not done before that day, be done instead by the Treasury.
In this section "year " means a period of twelve months ending 31st December.
If, in the year in which the appointed day falls or any subsequent year, the aggregate of the sums that accrued by way of interest on investments made under section 16 of the Post Office Savings Bank Act 1954 by the National Debt Commissioners, after deduction of any sum required by the Treasury to be set aside to provide for depreciation in the value of investments so made, exceeds the aggregate of— the excess shall be paid into the Consolidated Fund; and if in any such year as aforesaid the aggregate of the sums that accrued as aforesaid, after deduction of any sum required by the Treasury to be set aside as aforesaid, falls short of the second-mentioned aggregate, the deficiency shall be made good out of that fund.
the aggregate of the sums paid or credited during the year by way of interest on ordinary deposits ; and
the amount of the expenses incurred during that year in the execution of that Act;
In this section, " year " means a period of twelve months ending 31st December.
Anything which, in the year in which the appointed day falls, falls, by virtue of section 5 (preparation and audit of accounts) of the Post Office Savings Bank Act 1966, to be done by or to the Postmaster General shall, if not done before that day, be done instead by or to the Treasury.
The following requirements shall, as respects the year in which the appointed day falls and each subsequent year, have effect in place of those of the said section 5, namely.—
the Director of Savings and the National Debt Commissioners shall prepare, for the year, a statement of accounts of the National Savings Bank Investment Account Fund;
the statement of accounts for each year shall, before the end of May next following the expiration of the year, be transmitted to the Comptroller and Auditor General who shall examine, certify and report on it and lay copies of it, together with copies of his report on it, before Parliament.
In this section "year " means a period of twelve months ending 31st December.
If at any time claims in respect of ordinary or investment deposits cannot be met, the Treasury shall provide the Postmaster General or the Director of Savings with such sum out of the Consolidated Fund as is necessary to meet them.
As from the appointed day, section 22(1) of the Post Office Savings Bank Act 1954 (which provides that certain sums are to be deemed to be included amongst the expenses incurred in the execution of that Act by the National Debt Commissioners and, before the passing of the Post Office Act 1961, also provided that certain sums were to be deemed to be included amongst the expenses so incurred by the Postmaster General), shall have effect with the substitution, for the words " the Commissioners " (except where occurring in paragraph (c)), of the words " the Director of Savings and the Commissioners respectively " and with the addition, at the end thereof, of the following paragraph:—.
As from the appointed day, section 22(2) of the Post Office Savings Bank Act 1954 shall have effect with the omission of the words " by the Commissioners ", with the insertion, after the word " premises " (where first occurring) of the words " or equipment" and with the substitution, for the words " the premises or of that part of the premises which was used for the said purposes " , of the words " the premises or equipment or, in the case of premises or equipment partly used for the said purposes, such proportion of that sum as the Treasury determine to be appropriate having regard to the extent to which the premises or equipment were so used ".
Section 10(1) of the Post Office Savings Bank Act 1954 (secrecy) shall not prevent the disclosure by a person authorised for the purpose by the Director of Savings of information to any person in connection with an offence committed with reference to the account of a depositor or for the purpose of ascertaining whether or not an offence has been so committed.
In subsection (3) of section 12 of the Post Office Savings Bank Act 1954 (which requires the necessary financial adjustment to be made in the books of the National Debt Commissioners in consequence of a depositor in a trustee savings bank having transferred the amount due to him from that bank to a post office savings bank), for the words from " from the account of the first-mentioned savings bank " onwards, there shall be substituted the words " from the account of the trustee savings bank in question to that kept for the purposes of this Act ".
A statutory instrument containing regulations under the Post Office Savings Bank Act 1954 or the Post Office Savings Bank Act 1966 (not being an instrument whereof a draft has been laid before Parliament before the passing of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
On the appointed day, the land delineated (and coloured pink) on the plans deposited in connection with the Bill for this Act with the Minister of Public Building and Works and authenticated by the signature of the Postmaster General (being land in the London borough of Hammersmith held by the Postmaster General and appropriated to the exercise and performance of his functions under the Post Office Savings Bank Acts 1954 and 1966) shall, by virtue of this subsection, vest in the Minister of Public Building and Works and shall be taken by him as land necessary for the public service and held by him for all the estate and interest for which it was previously held by the Postmaster General.
The Postmaster General may by order provide that the foregoing subsection shall operate— or to do both of those things.
to annex to the said land such easements or other rights over contiguous land which, immediately before the appointed day, may be vested in him for an estate in fee simple, as may be specified in the order; or
to annex to the last-mentioned land such easements or other rights over the first-mentioned land as may be so specified;
in section 48 of the Finance (No. 2) Act 1915 (procedure on death of a person entitled to government stock), for the words “the Postmaster General” there shall be substituted the words “the Director of Savings” ;
in sections 66 (transfer of government stock on authority of order of a court) and 67 (indemnity on transfer of government stock) of the Finance Act 1916, for the words “the Postmaster General” there shall be substituted the words “the Director of Savings” ;
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in section 1(4)(c) of the Stock Transfer Act 1963 (simplified transfer of securities), for the words “the Post Office register” there shall be substituted the words “the National Savings Stock Register”; and
any reference to the Postmaster General in a nomination executed under regulations made, or having effect as if made, under section 2 of the National Debt Act 1958 shall be construed as referring to the Director of Savings.
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Sections 4 (disputes between the Postmaster General or the trustees of a savings bank and stockholders) and 5 (transfer to the register referred to in subsection (1) above of holdings in names of deceased persons) of the said Act of 1958 shall have effect with the substitution, for references to the Postmaster General, of references to the Director of Savings.
For the purposes of section 6 of the said Act of 1958 (acceptance of probate issued in Isle of Man or Channel Islands), the appropriate authority, in relation to stock registered otherwise than in a part of the register referred to in subsection (1) above kept by the trustees of a trustee savings bank shall, instead of being (as prescribed by subsection (3) of that section) the Postmaster General, be the Director of Savings.
This section shall come into operation on the appointed day; but, without prejudice to section 37 of the Interpretation Act 1889, the power conferred by section 2 of the National Debt Act 1958, as amended by subsection (2) above, may be exercised at any time after the passing of this Act as if that subsection had come into operation on the passing of this Act, but so that regulations made in exercise of it shall not come into operation before that day.
The power conferred by section 12 of the National Loans Act 1968 on the Treasury to raise money shall extend to raising money under the auspices of the Director of Savings and, in particular, by the issue, under his auspices, of national savings certificates;
The power conferred by subsection (1) of section 12 of the National Debt Act 1958 on the Treasury to make regulations with respect to the manner in which and the conditions under which, amongst other things, money authorised to be raised under the National Loans Act 1939 or the National Loans Act 1968 may be raised through the Post Office shall include power to make regulations with respect to the manner in which and the conditions under which money authorised to be raised under the last-mentioned Act may be raised under the auspices of the Director of Savings.
In subsection (2)(a) of the said section 12, for the words " apply any provision of any Act (including this Act) relating to the Post Office, to savings banks, to the Post Office register or to any other matter under the administration of the Postmaster General", there shall be substituted the words " apply any provision of any Act (including this Act) relating to savings banks or the National Savings Stock Register ".
This section shall come into operation on the appointed day; but, without prejudice to section 37 of the Interpretation Act 1889, the power conferred by section 12 of the National Debt Act 1958, as amended by this section, may be exercised at any time after the passing of this Act as if this section had come into operation on the passing of this Act, but so that regulations made in exercise of it shall not come into operation before that day.
Where the Director of Savings is satisfied that a bond to bearer issued on behalf of the Treasury by him or by the Postmaster General, or a coupon of any such bond, has been lost or destroyed, he may, if he thinks fit, and on such conditions as he thinks fit, but subject to any general directions of the Treasury, issue a new bond or coupon on receiving indemnity to his satisfaction against the claims of all persons deriving title under the bond or coupon lost or destroyed.
This section shall come into operation on the appointed day and have effect in place of section 13 of the National Debt Act 1958.
As from the appointed day, section 35 of the Finance Act 1961 (national savings stamps and gift tokens) shall have effect as if, in subsection (1), after the words " the Postmaster General", there were inserted the words " or the Director of Savings " and as if, in subsection (5), for the words " payable out of the Post Office Fund in respect of those stamps or tokens ", there were substituted the words " payable in respect of the exchange or encashment of those stamps or tokens ".
The Post Office shall, for the purposes of section 33 of this Act, be entitled to credit of—
the sum certified by the Minister to be the net book value of buildings erected at the expense of the Postmaster General on the land mentioned in section 107(1) of this Act, being buildings in the case of which expenditure incurred by him after 9th July 1952 with reference to the erection thereof was treated by him as capital expenditure;
the sum so certified to be the net book value of works executed at the expense of the Postmaster General on that land, being works in the case of which expenditure so incurred with reference to the execution thereof was so treated ; and
the sum so certified to be the net book value of apparatus installed by the Postmaster General on that land, being apparatus in the case of which expenditure so incurred in the provision and installation thereof was so treated, but not being telegraphic apparatus.
The Post Office shall, for the purposes of section 33 of this Act, be entitled to credit of—
the sum certified by the Minister to be the net book value of every such parcel of land as follows, namely.—
every parcel in the case of which an estate or interest subsisting therein of the Postmaster General is, after the passing of this Act, conveyed, assigned or transferred by him to the Minister of Public Building and Works (being a parcel the whole or part of which is occupied, or is intended to be occupied, by the Postmaster General in connection with the exercise and performance of his functions under the Government Annuities Act 1929, the Post Office Savings Bank Acts 1954 and 1966, the National Debt Act 1958 or the National Loans Act 1968); and
every parcel in the case of which an estate or interest subsisting therein of the Postmaster General vests in the Post Office by virtue of this Act (being a parcel which, immediately before the appointed day, is the subject of an agreement, to which the parties are the Postmaster General, the Minister of Public Building and Works and the Post Office for the conveyance, assignment or transfer by the Post Office to that Minister of the estate or interest that so vests);
the sum so certified to be the net book value of buildings erected, on any such parcel as aforesaid, at the expense of the Postmaster General, being buildings in the case of which the expenditure of the Postmaster General with reference to the erection thereof was treated by him as capital expenditure ; and
the sum so certified to be the net book value of works executed, at his expense, on any such parcel as aforesaid, being works in the case of which the expenditure of the Postmaster General with reference to the execution thereof was so treated.
The Post Office shall, for the purposes of section 33 of this Act, be entitled to credit of—
the sum certified by the Minister to be the net book value of every building erected at the expense of the Postmaster General on land in England in which— being a building in the case of which the expenditure of the Postmaster General with reference to the erection thereof was treated by him as capital expenditure ; and
the Minister of Public Building and Works has an estate or interest immediately before the appointed day; but
the Postmaster General does not then have, and never previously had, an estate or interest;
the sum so certified to be the net book value of works executed at the expense of the Postmaster General on every parcel of such land as aforesaid, being works in the case of which the expenditure of the Postmaster General with reference to the execution thereof was so treated.
In this section " building " includes part of a building and " net book value " means, in relation to land, buildings, works or apparatus, the value thereof (after deducting depreciation) as shown in the books by reference to which the final statement of accounts under section 12 of the Post Office Act 1961 is prepared.
This Part of this Act and Schedule 6 thereto shall extend to the Isle of Man and the Channel Islands.
Any stamp duty which is required or permitted by law to be denoted by adhesive stamps not appropriated by any word or words on the face of them to any particular description of instrument may be denoted by adhesive postage stamps.
The Post Office shall pay to the Commissioners of Inland Revenue such sums at such times as, in default of agreement between it and them, may be determined by the Treasury to be requisite to secure that, year by year, the Commissioners receive as nearly as may be the difference between the sums received by the Post Office that are attributable to the operation of the foregoing subsection as regards stamp duties chargeable in Great Britain and the sums requisite to remunerate it for having prepared and issued adhesive postage stamps by which duties so chargeable have been denoted.
This section shall come into operation on the appointed day, and subsection (1) thereof shall have effect in place of section 7 of the Stamp Act 1891.
Sections 9 and 10 of the Stamp Duties Management Act 1891 (allowance to be made by the Commissioners of Inland Revenue for spoiled stamps, and allowances to be so made for misused stamps) shall apply to adhesive postage stamps as they apply to other stamps, but subject, in the case of section 9, to the qualification that allowance is not to be made by virtue of this section for stamps not appearing to the Commissioners to have been intended to be used for denoting a duty or fee ; and the second and third references to stamps in section 11 of that Act (how allowance is to be made) shall, for the purpose of its operation in relation to allowance made by virtue of this section, be construed as referring to adhesive postage stamps.
This section shall come into operation on the appointed day.
As from the appointed day, section 9 of the Stamp Act 1891 (penalty for frauds in relation to adhesive stamps) shall have effect as if references therein to such stamps included references to adhesive postage stamps.
The following enactments making provision with respect to the institution of, and otherwise in relation to, proceedings for the recovery of fines under the Acts relating to inland revenue, namely, sections 21, 22 and 35 of the Inland Revenue Regulation Act 1890, section 121 of the Stamp Act 1891 and section 7(5) of the Revenue Act 1898, shall not apply to proceedings in respect of an offence under section 9 of the Stamp Act 1891 committed on or after the appointed day in relation to a postage stamp, but any such proceedings shall be summary ones.
The definitions of "die" and "stamp" in section 27 of the Stamp Duties Management Act 1891 shall, for the purposes of the application thereof, on and after the appointed day, to section 13 of that Act (offences in relation to dies and stamps), have effect as if the reference to the Commissioners of Inland Revenue included a reference to the Post Office and as if references to any duty included references to postage.
Matters or things seized under the authority of a warrant issued under section 16 of the said Act of 1891 on or after the appointed day shall, if they relate to postage, be delivered to the Post Office instead of to the Commissioners of Inland Revenue.
Section 14 of the National Insurance Act 1965 shall have effect with the substitution, for subsection (2) thereof (which, amongst other things, makes provision for the preparation, issue and sale, under the auspices of the Postmaster General, of adhesive stamps by means of which contributions under that Act are payable), of the following subsection:—; and the reference in section 67(2) of the National Insurance (Industrial Injuries) Act 1965 (which applies section 14(2) of the first-mentioned Act to insurance stamps within the meaning of the last-mentioned Act) to subsection (2) of the said section 14 shall be construed as referring to the subsection substituted therefor by this subsection.
The foregoing subsection shall come into operation on the appointed day; but, without prejudice to section 37 of the Interpretation Act 1889, the powers conferred by virtue of that subsection may be exercised at any time after the passing of this Act as if that subsection had come into operation on the passing of this Act, but so that any stamps prepared or regulations made in exercise of the powers shall not be sold or come into operation, as the case may be, before that day.
The Treasury may, by statutory instrument (which shall be laid before Parliament), make regulations for applying to national savings stamps, with the necessary modifications, all or any of the provisions of the Stamp Duties Management Act 1891, section 9 of the Stamp Act 1891 and section 63 of the Post Office Act 1953.
In this section "national savings stamp " has the meaning assigned to it by section 35(1) of the Finance Act 1961.
The Commissioners of Inland Revenue may enter into an agreement with the Post Office for the composition, in accordance with the following provisions of this section, of the stamp duty chargeable in Great Britain under the heading beginning " Bill of Exchange or promissory note of any kind whatsoever " in Schedule 1 to the Stamp Act 1891 on money orders issued by it.
Such an agreement shall require the Post Office to deliver to the Commissioners of Inland Revenue periodical accounts of the orders issued by it and may contain such other terms and conditions as the Commissioners think proper.
Where such an agreement has been made, a money order issued by the Post Office bearing such indication of the payment of stamp duty as the Commissioners of Inland Revenue may require shall not be chargeable with stamp duty, but the Post Office shall pay to the Commissioners, on the delivery of any account under the agreement, such sums as would, but for the provisions of this section, have been chargeable by way of stamp duty in Great Britain on money orders issued by it during the period to which the account relates.
Where the Post Office makes default in delivering an account required by such an agreement or in paying the duty payable on the delivery of any such account, it shall be liable to a fine not exceeding £50 for each day during which the default continues and shall also be liable to pay to Her Majesty, in addition to the duty, interest thereon at the rate of five per cent, per annum from the date when the default begins.
References in this section to money orders issued by the Post Office shall be construed as including references to orders issued by it in pursuance of such an arrangement as is mentioned in section 24 of the Post Office Act 1953, being orders corresponding to money orders issued by the Post Office.
So far as regards the provision by it of services by means of which money may be remitted by means of money orders, the Post Office shall be deemed to be a banker for the purposes of section 31 of the Finance Act 1967 (composition by bankers of stamp duty chargeable on foreign bills of exchange presented to them for payment).
Stamp duty shall not be chargeable on a postal order (whether issued by the Post Office or another postal administration) or on a note, memorandum or writing whereby a postal order (whether issued by the Post Office or another postal administration) is acknowledged to have been paid.
for any reference to the Commissioners of Inland Revenue (except in section 119), or to Her Majesty, there shall be substituted a reference to the Ministry of Finance for Northern Ireland ;
for any reference to Great Britain there shall be substituted a reference to Northern Ireland ;
any reference (except in sections 117 and 122) to the Stamp Duties Management Act 1891 or to the Stamp Act 1891 shall be construed as a reference to that Act as it applies to stamp duties chargeable in Northern Ireland or to stamps which may denote any such duties, as the case may require ;
for the reference to the Treasury in section 115 there shall be substituted a reference to the Joint Exchequer Board established under section 32 of the Government of Ireland Act 1920 ; and
for the reference in section 125 to section 31 of the Finance Act 1967 there shall be substituted a reference to section 8 of the Finance Act (Northern Ireland) 1967.
Section 12 of the Finance Act 1895 (which, in its application to Northern Ireland, requires a person in whom property is, by virtue of an Act, vested by way of sale to produce to the Ministry of Finance for Northern Ireland a copy of the Act stamped with the duty payable on a conveyance on sale) shall not operate to require the delivery to that Ministry of a copy of this Act or any order made under section 17 of this Act or the payment of stamp duty under that section on any copy of this Act or any copy of such an order.
Section 9 of the Finance Act (Northern Ireland) 1936 (presentation to the Ministry of Finance for Northern Ireland of particulars relating to transfers of land) shall not apply in relation to any vesting of an estate or interest in land in the Post Office effected by this Act.
This section extends to Northern Ireland only.
The Treasury may dispose, before the appointed day to the Postmaster General or on or after that day to the Post Office, of their interest in the shares of Cable and Wireless Limited in consideration of such sum as they may fix (to be paid, if the disposition is to the Postmaster General, out of the Post Office Fund); and sections 1(1) of the Imperial Telegraphs Act 1938 and 3(5) of the Cable and Wireless Act 1946 (which require the payment into the Exchequer of dividends paid on the said shares) shall not apply to dividends so paid after the disposition.
The sum received by the Treasury in consideration of the disposition of their interest in the said shares shall be paid into the Consolidated Fund.
The provisions of Schedule 7 to this Act shall have effect for the purpose of securing the settlement on, or as soon as practicable after, the appointed day of outstanding financial matters with which the Postmaster General is concerned and of making provision consequential on the settlement of such of those matters as are connected with the exercise and performance by him of functions under the National Health Service Contributions Act 1965 and the Redundancy Payments Act 1965.
Section 22(2) of the National Loans Act 1968 (construction of references in that Act to the charge of payments on the National Loans Fund with recourse to the Consolidated Fund) shall have effect as if the first reference to that Act included a reference to Schedule 7 to this Act.
In section 52(2) of the Government Annuities Act 1929 (which empowers the National Debt Commissioners, with the concurrence of the Treasury, to make regulations for carrying out the provisions of Part II of that Act so far as regards any annuities or insurances granted by the Commissioners, either directly or through any parochial or other society, and so far as the trustees of savings banks are concerned), the words from “so far as regards” to “concerned” shall cease to have effect on the appointed day.
Without prejudice to section 13 of the Interpretation Act 1978, the power to make regulations under the said section 52(2), in so far as it is conferred by virtue of the foregoing subsection, may be exercised at any time after the passing of this Act as if that subsection had come into operation on the passing of this Act, but so that regulations made by virtue of that subsection shall not come into operation before the appointed day.
This section shall extend to the Isle of Man and the Channel Islands.
A fund to which this section applies is one (whether described by the addition thereto of the attribute "welfare", " benevolent" or " mutual aid " or by the addition thereto of any other attribute) the objects of which consist in, or include, the provision for persons who are, or have been, employed in the department of the Postmaster General, or for such persons of any class or description, or for the relatives or dependants of persons who are, or have been, so employed or of such persons of any class or description, of benefits in case of need, sickness or distress, and a society or organisation to which this section applies is one (however described) the objects of which are similar; and, in this section, " managers " in relation to a fund, society or organisation, means the trustees, committee or other persons entrusted with its management.
The provisions of the trust deed, rules, regulations or other instrument constituting or regulating a fund, society or organisation to which this section applies may, by resolution of the managers of the fund, society or organisation, be altered— but so that no alteration be made that alters the character of the fund, society or organisation.
so as to permit persons of any of the following descriptions, namely.— or persons who are members of a class of persons of any of those descriptions, to become members of, or subscribers to, the fund, society or organisation ;
officers or servants of the Post Office (past or present);
persons who, having been employed in the department of the Postmaster General, are or have been, in consequence of this Act, employed in the department of the Minister; and
persons who, having been employed in the department of the Postmaster General, are or have been, in consequence of this Act, employed in the Department for National Savings ;
so as, in the case of persons of the said descriptions or persons who are members of a class of persons of any of those descriptions, to entitle them and persons claiming in right of them (subject to such, if any, terms and conditions as may be specified in the resolution) to receive benefits from the fund, society or organisation if, and to the extent that, they would be entitled to receive benefits therefrom if employment by the Post Office, employment in the department of the Minister or, as the case may be, employment in the Department for National Savings were employment in the department of the Postmaster General;
If a resolution of the managers of a fund, society or organisation to which this section applies so provides, any reference in the trust deed, rules, regulations or other instrument constituting or regulating the fund, society or organisation to the Postmaster General or his department (not being a reference in a context referring, in whatever terms, to persons employed in that department or persons so employed of a specified description) shall be construed as referring (or, if the context so requires, as including a reference) to the Post Office, and any reference in that instrument, in whatever terms, to persons so employed or persons so employed of a specified description shall be construed as referring (or, if the context so requires, as including a reference) to officers and servants of the Post Office or, as the case may be, to officers and servants thereof of a corresponding description.
For the purposes of a resolution deriving validity from this section, the definition of a class of persons may be framed by reference to any circumstances whatsoever.
As from the appointed day, licences for dogs shall be issued in Great Britain by the councils having power to levy the duties thereon and so, in England and Wales, shall licences for dealing in, or killing, game.
A council in Great Britain having power to levy the duties on any such licences as aforesaid may employ persons to act as its agents for the purpose of the issue of the licences and may pay to persons employed so to act such reasonable remuneration as it thinks fit.
Any sums falling to be paid by the Secretary of State to the Post Office companyin pursuance of any agreement to which he, it and a council in England or Wales are parties, being— shall be paid out of moneys provided by Parliament.
an agreement providing for the issue by the Post Office company, on behalf of the council, of licences of all or any of the following kinds, namely, licences for dogs, licences for dealing in game and licences for killing game, and the payment by that Minister to the Post Office company of sums in consideration of its issuing the licences; . . .
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In subsection (1) above “the Post Office company” has the same meaning as in Part IV of the Postal Services Act 2000.
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Any increase attributable to the provisions of this Act in sums which, under any other enactment (other than the Ministers of the Crown Act 1964), are defrayed out of moneys provided by Parliament shall be defrayed out of moneys so provided, and any increase so attributable in sums which under any other enactment are defrayed out of the Consolidated Fund or the National Loans Fund shall be defrayed out of the first-or last-mentioned fund, as the case may be.
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The general transitional provisions contained in Schedule 9 to this Act, and the special transitional provisions with respect to patents for inventions and registered designs contained in Schedule 10 to this Act, shall have effect.
This section and the said Schedules 9 and 10 shall extend to the Isle of Man, and this section and the said Schedule 9 shall extend to the Channel Islands.
In the application of this Act to Northern Ireland—
any reference to an enactment of the Parliament of Northern Ireland (except a reference to Schedule 5 or 6 to the Roads Act (Northern Ireland) 1948) or to an enactment which that Parliament has power to amend—
shall, except in Schedule 4 to this Act, be construed as including a reference to any enactment of the Parliament of Northern Ireland passed after this Act and re-enacting the said enactment with or without modification;
shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by any enactment, whether passed before or after this Act, and including a reference thereto as extended or applied by or under any other enactment, including this Act;
“Act” and “enactment” (except in subsection (1) of the next following section) respectively include an Act and an enactment of the Parliament of Northern Ireland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..., regulations made by the Secretary of State under the Civil Defence Act (Northern Ireland) 1950 may apply to a universal service provider ... in connection with the provision of a universal postal service ... such of the provisions of the Civil Defence Act (Northern Ireland) 1939 (except section 7(4) thereof) relating to public utility undertakers as may be specified in the regulations and may specify the Secretary of State as the appropriate department in relation to a universal service provider ... in connection with the provision of a universal postal service ... for the purpose of the application of any provisions so specified to a universal service provider ... in connection with the provision of a universal postal service ... .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (3) “universal service provider” and “universal postal service” have the same meaning as in Part 3 of the Postal Services Act 2011.
Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended, and including a reference thereto as extended or applied, by or under any other enactment, including this Act.
Any reference in an Act passed before the passing of this Act to an enactment which is amended by this Act shall, unless the contrary intention appears, be construed, as from the day on which the amendment takes effect, as referring to that enactment as so amended.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The enactments specified in columns 1 and 2 of Part I of Schedule 11 to this Act shall, on the passing of this Act, be repealed to the extent specified in column 3 of that Part (but subject to the provision made at the end of that Part), the enactments specified in columns 1 and 2 of Part II of that Schedule shall, on the appointed day, be repealed to the extent specified in column 3 of that Part and the Orders in Council specified in columns 1 and 2 of Part III of that Schedule shall, on that day, be revoked to the extent specified in column 3 of that Part.
A reference in column 3 of Part II of Schedule 11 to this Act to an enactment shall be taken to refer as well to it as incorporated in any Act or other instrument as to it as originally enacted.
This section, and Parts I and II of the said Schedule 11, shall extend to the Isle of Man, so far as regards any enactment specified in those Parts that so extends, and shall extend to the Channel Islands, so far as regards any enactment so specified that so extends.
This Act may be cited as the Post Office Act 1969.
Act wholly in force at Royal Assent Act: This Act extends to the U.K. but see s. 88 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only. This version of this provision extends to Scotland only; a separate version has been created for England and Wales only. Act repealed in part (Isle of Man) (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 11(5) S. 1 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 2(1)–(5)(7) repealed by S.I. 1974/691, Sch. Words substituted by virtue of S.I. 1974/691, arts. 2, 3(3) S. 3 repealed (25.6.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(2), Sch. 21 para. 2 (with Sch. 21 para. 3) S. 6 repealed (1.5.2007) by Postal Services Act 2000 (c. 26), s. 130(1), Sch. 9; S.I. 2007/1181, art. 2, Sch. S. 7 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 8 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) Ss. 9, 11(7) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 10 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 11 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 12 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42) S. 13 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 14 repealed (1.1.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(2), Sch. 2 Table S. 15 repealed (1.1.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(2), Sch. 2 Table S. 16 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(1)(11)) Ss. 17, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 18 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(1)(2)(11)) Ss. 17, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 20(1)(a)(c) and word “and” at the end of para. (c) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 20(1)(b)(d) repealed (1.4.1994) by 1993 c. 43, ss. 152(3), Sch. 14; S.I. 1994/571, art. 5 S. 20(2) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 21 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Ss. 23–27 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 28 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 29 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 30 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) Ss. 31, 32, 34 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 33 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3. Ss. 31, 32, 34 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Ss. 35, 36, 42 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 37 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S.38 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 39 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 40 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 S. 41 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Ss. 35, 36, 42 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 43 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 44 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 45 repealed by Superannuation Act 1972 (c. 11), ss. 2(12), 29(4), Sch. 2, 8 S. 46 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 47 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 48 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Words substituted by virtue of S.I. 1981/1670, arts. 2 (c), 3(5) S. 50 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 51 repealed by National Insurance and Supplementary Benefit Act 1973 (c. 42), Sch. 7 S. 52 repealed (E.W.) by S.I. 1990/776, art. 3(1)(2), Sch. 1 and s. 52(2)(3) repealed by S.I. 1976/206, art. 7(b)(ii) S. 53 repealed by S.I. 1978/1173, Sch. S. 54 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 55 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 56 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 57 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 59 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 59 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 60 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 61 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 26 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 63 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 64 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34) S. 65 repealed with saving by British Telecommunications Act 1981 (c. 38), s. 89(4), Sch. 6 Pt. II S. 66 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 67 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 68 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 69 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 70 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 71 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 72 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 S. 73 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 S. 74(1) repealed by British Telecommunications Act 1981, (c. 38), Sch. 6 Pt. I Words in s. 74(2) substituted by Capital Gains Tax Act 1979 (c. 14), Sch. 7 para. 8(b) Table Pt. II Words in s. 74(2) substituted (6.3.1992 with effect as mentioned in s. 289(1)(2) of the substituting Act) by virtue of Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch. 10 para.1 (with ss. 60, 101(1), 201(3)) S. 75(1) repealed (1.5.2007) by Postal Services Act 2000 (c. 26), s. 130(1), Sch. 9; S.I. 2007/1181, art. 2, Sch. S. 75(2) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) S. 77 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 78 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 79 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 80 repealed (except in so far as it extends to the Bailiwick of Guernsey) (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34) S. 81 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42 of the said S.I.) Ss. 82, 85 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 83 repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. I and expressed to be repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I S. 84 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Ss. 82, 85 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Words in s. 86(1) repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 S. 86(1): definition of “banker” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “the British Islands” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “cash on delivery service” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “foreign administration” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “harbour” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “harbour authority” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “hovercraft” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “local authority” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “mail-bag” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “national health service authority” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “statutory provision” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “telecommunication system” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(1): definition of “telepost service” repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 86(2) repealed (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 2 (with art. 10) S. 86(3) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II S. 86(4) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 87 repealed (1.5.2007) by Postal Services Act 2000 (c. 26), s. 130(1), Sch. 9; S.I. 2007/1181, art. 2, Sch. S. 88(3) repealed by Civil Aviation (Amendment) Act 1982 (c. 1), Sch. 2 S. 88(4) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) S. 88(6) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II Pt. IV (ss. 89–92) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I S. 93(1)(2) repealed by National Debt Act 1972 (c. 65), s. 17, Sch. S. 93(3) repealed by Parliamentary and Health Service Commissioners Act 1987 (c. 39, SIF 89), s. 10, Sch. 2 S. 93(4) repealed by S.I. 1988/1847 (N.I. 17), art. 16(2), Sch. 3 Pt. II; and expressed to be repealed (S.) (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I (with Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4) (with art. 4). Ss. 94(1)(4), 95–105 repealed by National Savings Bank Act 1971 (c. 29), Sch. 2 Words and s. 94(2)(a)(b) repealed by National Savings Bank Act 1971 (c. 29), Sch. 2 Ss. 94(1)(4), 95–105 repealed by National Savings Bank Act 1971 (c. 29), Sch. 2 Ss. 106, 107 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Words repealed by National Debt Act 1972 (c. 65), s. 17, Sch. S. 108(1)(c) repealed by Finance Act 1981 (c. 26, SIF 96), s. 187, Sch. 17 Pt. XII and expressed to be repealed (20.7.1998) by S.I. 1998/1446, 30(2), Sch. 2 Pt. I S. 108(1)(d) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 9 Group 6 S. 108 (1)(e) repealed by National Debt Act 1972 (c. 65), s. 17, Sch. Ss. 108(2)–(5), 110–112 repealed by National Debt Act 1972 (c. 65), s. 17, Sch. Words repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 537(1), 539, Sch. 16 Ss. 108(2)–(5), 110–112 repealed by National Debt Act 1972 (c. 65), s. 17, Sch. S. 113 repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. X Group 5 Ss. 115, 116 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVIII S. 117 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 118 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 119 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 120 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 121 repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I S. 122 repealed by National Debt Act 1972 (c. 65), s. 17, Sch. S. 123 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Ss. 124–126 repealed by Finance Act 1970 (c. 24), Sch. 8 Pt. V and Finance Act (Northern Ireland) 1970 (c. 21), Sch. 3 Pt. III Ss.127, 130, 131 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I S. 128 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 129 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Ss.127, 130, 131 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2) S. 133 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(3)(11)) S. 134 repealed (E.W.) (1.8.2007) by The Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), art. 1(1), Sch. para. 1(k) Words repealed (E.W.S.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. IV Words repealed (E.W.S.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. IV S. 135 repealed (E.W.) (1.8.2007) by The Regulatory Reform (Game) Order 2007 (S.I. 2007/2007), art. 1(1), Sch. para. 1(k) Words substituted by virtue of S.I. 1970/1681, arts. 2, 6(3) Words in s. 135(1) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8, Pt. II para. 11; S.I. 2000/2957, art. 2(3), Sch. 3 (as substituted by S.I. 2001/1148, art. 43) Words repealed (E.W.S.) by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 41, Sch. 7 Pt. IV S. 135(1)(b) and word “or” immediately preceding it repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 135(1A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(2) (with arts 1(3). 4(11)) S. 135(2)(3) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table S. 137(1)(2) repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) S. 137(3) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) S. 137(4) repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) S. 139(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I Words repealed by S.I. 1973/2163, Sch. 6 Words substituted by S.I. 1973/2163, Sch. 5 para. 20(b) Words in s. 139(3) substituted (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 1 para. 3 Words in s. 139(3) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 91(2); S.I. 2011/2329, art. 3 S. 139(3A) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 91(3); S.I. 2011/2329, art. 3 S. 139(4) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. II S. 141 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Sch. 1 repealed (1.5.2007) by Postal Services Act 2000 (c. 26), s. 130(1), Sch. 9; S.I. 2007/1181, art. 2, Sch. Sch. 2 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Sch. 3 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Sch. 4 para. 2 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 3 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 4 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 7, 9 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 7, 9 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 11 repealed (E.W.S.) by Energy Act 1983 (c. 25, SIF 44:1), Sch. 4 Pt. I Sch. 4 paras. 12, 13 repealed by Electricity (Northern Ireland) Order 1972 and S.I. 1972/1072 (N.I. 9), Sch. 7 Sch. 4 para. 14 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Sch. 4 para. 15 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 20 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX Sch. 4 para. 21 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2000/2957, art. 2(3), Sch. 3 Table Sch. 4 para. 22 repealed (S.) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 11:2), s. 75(2), Sch. 8 Sch. 4 para. 23 repealed (E.W.) by Insolvency Act 1985 (c. 65, SIF 11:1), s. 235, Sch. 10 Pt. III Sch. 4 para. 24 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX Sch. 4 para. 25 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. II Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 27 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) and expressed to be repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1) Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 30 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Sch. 4 para. 31 repealed by Consumer Credit Act 1974 (c. 39, SIF 60), s. 192, Sch. 5 Pt. I Sch. 4 para. 32 repealed by Land Drainage Act 1976 (c. 70), Sch. 8 Sch. 4 para. 33 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 34repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 35 repealed by Solicitors (Northern Ireland) Order 1976 and S.I. 1976/582 (N.I. 12), Sch. 3 Sch. 4 para. 36 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 37 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23 Sch. 4 paras. 38, 45 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 34, 39, 40, 43 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 41 repealed (4.12.1997) by S.I. 1997/2779, art. 14, Sch. 3 Sch. 4 para. 42 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23 Sch. 4 paras. 34, 39, 40, 43repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 44 repealed by S.I. 1980/1085 (N.I. 11), Sch. 9 Sch. 4 paras. 38, 45repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 46 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Sch. 4 para. 47 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 9 Pt. II Sch. 4 para. 48 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 49 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII Sch. 4 para. 50 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX Sch. 4 para. 51 repealed (1.1.1996) by 1994 c. 40, s. 81, Sch. 17; S.I. 1995/2835, art. 2 Sch. 4 para. 52 repealed by Drainage (Northern Ireland) Order 1973 and S.I. 1973/69 (N.I. 1), Sch. 10 Sch. 4 para. 53 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I and expressed to be repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6 Sch. 4 para. 54 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 56 repealed (31.7.1996) by S.I. 1996/1141, art. 32(3), Sch. 5; S.R. 1996/267, art. 2 Sch. 4 para. 57 repealed by Solicitors (Amendment) Act 1974 (c. 26), Sch. 3 Pt. II Sch. 4 paras. 58, 61 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2 Words substituted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II Words inserted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2 Sch. 4 para. 60 repealed by S.I. 1973/69 (N.I. 1), Sch. 10 Sch. 4 paras. 58, 61 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 62–64 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 65 repealed by Highways Act 1980 (c. 66), Sch. 25 Sch. 4 para. 66 repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I Sch. 4 para. 67 repealed (E.W.S.) by Wages Act 1986 (c. 48, SIF 43:2), s. 33(5), Sch. 5 Pt. III Sch. 4 paras. 68, 72 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 69 repealed by Highways Act 1980 (c. 66), Sch. 25 Sch. 4 para. 70 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Sch. 4 para. 71 repealed by Town and Country Planning Act 1971 (c. 78), s. 292(2), Sch. 25 Sch. 4 paras. 68, 72 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 74 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 75 repealed by S.I.1980/1085 (N.I. 11), Sch. 9 Sch. 4 para. 76 repealed by Airports Authority Act 1975 (c. 78), Sch. 6 Sch. 4 para. 77 repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. III Sch. 4 para. 78 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II and New Towns Act 1981 (c. 64), s. 81, Sch. 13 Sch. 4 para. 79 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II Sch. 4 para. 80 repealed (E.W.) by Housing and Building Control Act 1984 (c. 29, SIF 61), Sch. 12 Pt. I Sch. 4 para. 81 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 4 para. 82 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Gp. 2. Sch. 4 para. 83 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11)) Sch. 4 para. 84 repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Sch. 4 paras. 85, 86 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 86 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 87 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 4 para. 88 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. II Sch. 4 para. 89 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I Sch. 4 para. 91 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Gp. 1 Sch. 4 para. 92 repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(a) (with arts. 1(3), 4(11)) Words in Sch. 4 para. 93 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 92(2); S.I. 2011/2329, art. 3 Words in Sch. 4 para. 93(1) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 92(3); S.I. 2011/2329, art. 3 Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(b) (with arts. 1(3), 4(11)) Words in Sch. 4 para. 93(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(c) (with arts. 1(3), 4(11)) Para 93(1)(i)(ii) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I; para. 93(1)(iii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II; para. 93(1)(iv) repealed (E.W.) by Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I Para. 93(1)(vi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(1)(viii) substituted by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(11) Para. 93(1)(ix) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Sch. 4 para. 93(1)(xi) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Para. 93(1)(xiii) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX Sch. 4 para. 93(1)(xiv) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Para. 93(1)(xv) repealed by Highways Act 1980 (c. 66), Sch. 25; para. 93(1)(xvi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(1)(xix) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II Sch. 4 para. 93(1)(xxiii) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts.1(3), 4(11)) Sch. 4 para. 93(1)(xxv) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 4 para. 93(1)(xxvi) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Para. 93(1)(xxix) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II Para. 93(1)(xxxi) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Para. 93(1)(xxxii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Sch. 4 para. 93(1)(xxxiii) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I Sch. 4 para. 93(1)(xxxiv) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 4 para. 93(1)(xxxv) added (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 3 Words in Sch. 4 para. 93(1) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Para. 93(2)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(2)(b) (specifying Acquisition of Land (Authorisation Procedure) Act 1946) repealed by virtue of Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I (expressed as repealing sub-para. (2)(iv) in para. 93) Para. 93(2)(d) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(2)(e) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Para. 93(2)(f) repealed by S.I. 1976/1775, art. 6(2), Sch. 4 Para. 93(2)(g) repealed by Highway Act 1971 (c. 41), s. 86(2), Sch. 12 Para. 93(2)(h) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Paras. 93(2)(l)–(p) repealed by S.I. 1976/1775, art. 6(2), Sch. 4 Para. 93(2)(q) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Para. 93(2)(r) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(2)(s)(t) repealed by S.I. 1976/1775, art. 6(2), Sch. 4 Words in Sch. 4 para. 93(2) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(4) (with arts. 1(3), 4(11)) Sch. 4 para. 93(3) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Para. 93(4)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(4)(b) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Para. 93(4)(c)(h) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Words substituted by New Towns Act 1981 (c. 64), Sch. 12 para. 5 Sch. 4 para. 93(4)(f) repealed (U.K. & Isle of Man) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Para. 93(4)(i) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Sch. 4 para. 93(4)(j) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I Sch. 4 para. 93(4)(k) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) WOrds in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(5)(a) (with arts. 1(3), 4(11)) Word in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(3)(b) (with arts. 1(3), 4(11)) Words in Sch. 4 para. 93(4) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 26(5)(c) (with arts. 1(3), 4(11)) Sch. 4 para. 93(4A) inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 92(4); S.I. 2011/2329, art. 3 Sch. 4 para. 94 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 98 repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II and expressed to be repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 100 repealed (26.3.2001) by S.I. 2001/648, art. 4(2), Sch. 2 Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 4 para. 103 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11)) Sch. 4 para. 104 repealed (26.3.2001) by S.I. 2001/1149, arts. 1(3), 3(2), Sch. 2 (with art. 4(11)) Sch. 5 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Words in Sch. 5 para. 1(1) substituted (25.9.2000) by 2000 c. 23, s. 82, Sch. 4 para. 2; S.I. 2000/2543, art. 3 Sch. 5 para. 2 repealed by S.I. 1969/1368, art. 9(b) Sch. 6 Pt. III: entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 9 Group 1 Entry repealed by Merchant Shipping Act 1970 (c. 36), s. 100(3), Sch. 5 Entry repealed by Northern Ireland Constitution Act 1973 (c. 36), s. 41(1), Sch. 6 pt. II Sch. 6 Pt. III: entries repealed (E.W.) by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7 Entry repealed by Statute Law (Repeals) 1973 (c. 39) Entry repealed by Insurance Companies Amendment Act 1973 (c. 58), ss. 54(3), 56, Sch. 2, Sch. 3 para. 40, Sch. 5 Entry repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 538(1), 539(1), Sch. 16 Entry repealed by Insurance Companies Amendment Act 1973 (c. 58), ss. 54(3), 56, Sch. 2, Sch. 3 para. 40, Sch. 5 Sch. 7 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 8 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Para. 2(4) inserted by British Telecommunications Act 1981 (c. 38), s. 89(2) Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 3(2) repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (with art. 34) Sch. 9 para. 3(5) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 6 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) Sch. 9 para. 7 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11)) Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 14 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Words repealed (E.W.) by S.I. 1985/1936, reg. 3(2), Sch. 4 Words in Sch. 9 para. 17(5) repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), sch. 1 Sch. 9 para. 17(5)(c) repealed (8.11.1995) by 1995 C. 44, s. 1, Sch. 1 Pt. VI Sch. 9 paras. 3(1)(3)(4)(6), 4, 5, 8, 15, 16, 18, 19 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 20 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 9 para. 21 repealed by Income and Corporation Taxes Act 1970 (c. 10), ss. 537(1), 539, Sch. 16 Sch. 9 paras. 22–26 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Words in Sch. 9, para. 27(7) substituted (E.W.)(25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31(4), Sch. 6, para. 4 (with s. 84(5)); S.I. 1991/2067, art.3 Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23 Sch. 9 para. 27(8) repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II and para. 27(8) expressed to be repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3) Words substituted (as they apply in England and Wales) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(ii) Words substituted (E.W.) by virtue of S.I. 1970/1681, art. 2, 6(3) Sch. 9 para. 27(10) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Sch. 9 para. 27(11) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3) Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iii) Words in Sch. 9 para. 27(12)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iii) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iv) Words in Sch. 9 para. 27(14) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iv) Words substituted (as they apply in England and Wales) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(v) Words in Sch. 9 para. 27 substituted (U.K)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(b)(i) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(b)(i) Words in Sch. 9 para. 28(2) substituted (U.K)(27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(b)(ii) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(b)(ii) Words in Sch. 9 para. 29 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(c) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(c) Words in Sch. 9 para. 29 substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(c) Words substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1) Sch. 9 paras. 31, 32 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 33 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) Sch. 9 para. 34 repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17 S. 35 repealed (24.9.1996) by S.I. 1996/1919, arts. 256, 257, Sch. 3 (with saving in Sch. 2) Sch. 9 paras. 36–47 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 9 para. 48 repealed by Social Security Act 1973 (c. 38), Sch. 28 Pt. I Sch. 9 para. 49 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Sch. 9 para. 50 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I Sch. 10 repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with arts. 1(3), 4(11)) Words inserted by Copyright, Design and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 11 Words inserted by Copyright, Design and Patents Act 1988 (c. 48, SIF 67A), s. 303(1), Sch. 7 para. 11 Sch. 11 repealed (12.11.2003) by The Postal Services Act 2000 (Consequential Modifications) Order 2003 (S.I. 2003/2908), art. 1(2), Sch. 2 (with art. 4(3)) Words in Sch. 9 para. 27(1)(2)(3) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16) Sch. 9 para. 27(4)(12)(c) omitted for purposes of general application of para. 27 to Scotland pursuant to para. 27(16) Words in Sch. 9 para. 27(7) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(i) Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23 Sch. 9 para. 27(8) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3) Words in Sch. 9 para. 27(9) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(ii) Words substituted (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II Sch. 9 para. 27(10) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2 Sch. 9 para. 27(11) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 (with s. 5, Sch. 3) Words substituted by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iii) Words in Sch. 9 para. 27(12)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iii) Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(3)(a)(iv) Words in Sch. 9 para. 27(14) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(iv) Words in Sch. 9 para. 27(15) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(v) Words in Sch. 9 para. 27(15) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 19(2)(a)(v) Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1 1.10.1969 appointed by S.I. 1969/1066 as the day which in the repealed s. 1(1) of the Act is specified as being referred to in the Act as the “appointed day” Act explained by British Telecommunications Act 1981 (c. 38), s. 66(6) Unreliable marginal note Pt. III (ss. 6–88) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(c) The text of ss. 20(2), 22(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 49 extended by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 5 para. 46(2) S. 86(1): by s. 84(2)(a) of the Local Government Act 1985 it is provided that until 1.4.1986 references to the Inner London Education Authority in any amendment made by Sch. 14 to the said Act shall be construed as references to the Inner London Interim Education Authority S. 86(1) extended (E.W.) by S.I. 1985/1884, art. 4(f) S. 86(1) amended by S.I. 1987/2110, art. 8(c) The text of s. 108(1)(a)(b)(d)(f) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 121: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5, 7(2), Sch. 3 para.15 The text of ss. 132(1), 137(1)(2), 141(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 132(1), 137(1)(2), 141(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. References to Acts or enactments of the Parliament of Northern Ireland to be construed as including references to Measures of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 1(1)(2) The text of Sch. 4 paras. 2(8)(10)(15)(22), 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681, art. 2 The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Sch. 6 Pt. III is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Sch. 9 para. 17(2)(a) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI Sch. 9 para. 48: power to continue conferred (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 5 , 7(2), Sch. 3 Pt. II para.15 1949 c. 39. 1865 c. 87. 1876 c. iii. 1913 c. cxvi. 1954 c. xxix. 1959 c. 43. 1966 c. 25. 1930 c. clxxix. 1950 c. v. 1949 c. 39. 1992 c. 12 1981 c. 38. 1954 c. 62. 1947 c. 44. 1915 c. 89. 1916 c. 24. 1963 c. 18. 1958 c. 6 (7 & 8 Eliz. 2). 1968 c. 13. 1929 c. 29. 1978 c. 30. 1964 c. 98. 1948 c. 28 (N.I.) 1950 c. 11 (N.I.) 1939 c. 15 (N.I.) 1961 c. 62. 1961 c. 62. 1948 c. 28 (N.I.) 1919 c. 100. 1953 c. 14 (N.I.). S.I. 1981/156 (N.I.3). 1878 c. 76. 1890 c. 70. 1961 c. 12 (N.I.) 1965 c. 13 (N.I.) 1878 c. 76. 1960 c. 37. 1962 c. 14 (N.I.). 1965 c. 20 1966 c. 27. 1968 c. 30 (N.I.) 1947 c. 42. 1948 c. 17. 1948 c. 28 (N.I.) S.I. 1980/1085. (N.I.11) 1949 c. 97. 1954 c. 56. 1961 c. 33. 1961 c. 41. 1962 c. 58. 1963 c. 51. 1964 c. 40. 1967 c. 86. 1968 c. 16. 1968 c. 47. 1947 c. 42. 1962 c. 58. 1964 c. 40. 1962 c. 58. 1968 c. 16. 1959 c. 25. 1959 c. 25. 1863 c. 112. 1868 c. 110. 1887 c. 40 1896 c. 25. 1907 c. 51. 1925 c. 23. 1929 c. 29. 1947 c. 44. 1956 c. 46. 1959 c. 22 1961 c. 62. 1957 c. 19 (N.I.). 1959 c. 25 (N.I.). 1949 c. 54. 1964 c. 21. 1967 c. 72. 1953 c. 36. 1869 c.73. 1949 c. 54. 1953 c. 36. 1892 c. 59. 1899 c. 38. 1936 c. 49. 1961 c. 64. 1957 c. 40. 1959 c. 25. 1963 c. 33. 1944 c. 3 (N.I.) 1958 c. 6 (7 & 8 Eliz. 2). 1939 c. 117. 1968 c. 13. 1925 c. 20. 1881 c. 41. 1947 c. 44. 1949 c. 87. 1949 c. 87. 1949 c. 87. 1949 c. 87. 1949 c. 87. 1949 c. 87. 1949 c. 87. 1949 c. 88. 1949 c. 88. 1949 c. 88. 1949 c. 88. 1949 c. 88. 1949 c. 88. An Act to abolish the office of master of the Post Office, distribute the business conducted by the holder thereof amongst authorities constituted for the purpose and make provision consequential on the abolition of that office and the distribution of the business so conducted; to amend, replace or repeal certain provisions of the enactments relating to posts, telegraphs and savings banks; to amend the law relating to stamp duty; and to empower the Treasury to dispose of their interest in the shares of Cable and Wireless Limited.
On such day as Her Majesty may by Order in Council appoint for the purposes of this Act (in this Act referred to as the " appointed day "), the office of master of the Post Office shall cease to exist.
The following provisions of this Act shall have effect for the purpose of distributing powers and duties, and rights and liabilities, of the person for the time being holder of the office of master of the Post Office and property used or appropriated for use for, or in connection with, the discharge of that person's functions, and of making other provision whereof the making is for the most part rendered necessary or expedient in consequence of the abolition of the office of master of the Post Office.
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such of the functions of the Postmaster General as are transferred to him by, or by virtue of, the following provisions of this Act; and
such functions as are conferred on him by those provisions.
Schedule 1 to the Ministers of the Crown Act 1964 (provisions as to new Ministers and their departments) shall apply (except as provided in subsection (4) below) to the Minister of Posts and Telecommunications, and references in that Schedule to the Minister and the Ministry shall be construed accordingly.
The offices of Minister of Posts and Telecommunications and of Parliamentary Secretary to the Ministry of Posts and Telecommunications shall be included—
among the ministerial offices referred to in section 2 of the House of Commons Disqualification Act 1957 (maximum number of Ministers in the House of Commons); and
among the offices in respect of which salaries are payable, at the annual rates of £8,500 and £3,750 respectively, under section 1 of the Ministerial Salaries Consolidation Act 1965.
So much of Schedule 1 to the Ministers of the Crown Act 1964 as provides for the defraying of expenses out of moneys provided by Parliament shall not apply to expenses of the Minister of Posts and Telecommunications consisting in the making by him, in exercise of powers conferred by this Act, of a loan.
Schedule 2 to the Parliamentary Commissioner Act 1967 (which specifies departments and authorities subject to investigation under that Act) shall have effect as if, after the reference to the Ministry of Overseas Development, there were inserted a reference to the Ministry of Posts and Telecommunications.
In the following provisions of this Act, “the Minister” means the Secretary of State . . .
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in Schedule 2 to the House of Commons Disqualification Act 1957, immediately before the words " Minister of Power " there shall be inserted the words " Minister of Posts and Telecommunications " and immediately before the words "Parliamentary Secretary to the Ministry of Power " there shall be inserted the words " Parliamentary Secretary to the Ministry of Posts and Telecommunications "; and
Minister of Posts and Telecommunications £8,500 and immediately before the entry (under the heading " Parliamentary Secretaries ") relating to the Ministry of Power there shall be inserted the following entry— Ministry of Posts and Telecommunications £3,750
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in relation to Scotland, means a county council or a town council;
those of the Wireless Telegraphy Act 1949 which remain in force on and after that day and those of the Wireless Telegraphy Act 1967 ; and
so much of advances made under section 9 of the Post Office Act 1961 by the Treasury to the Postmaster General as remains outstanding immediately before that day; and
obstructs a person in the exercise of powers conferred on him under this section ; or
those of the Television Act 1964;
so much of the amount referred to in section 13(2) of that Act as remains outstanding immediately before that day;
fails or refuses to give to a person any assistance which he is, under this section, under a duty to give to him ;
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references in those provisions to the Postmaster General (except those in section 5 of the Wireless Telegraphy Act 1967), and the first reference to him in section 24(4) of the Merchant Shipping (Safety and Load Line Conventions) Act 1932 (report of dangers to navigation) shall be construed as referring to the Minister, and references to the Postmaster General in the said section 5, the second and third references to him in the said section 24(4) and the references to him in section 9(3) of the Defamation Act 1952 (extension to broadcasting of certain defences) and of the Defamation Act (Northern Ireland) 1955 shall be construed as including references to the Minister ; and
any reference to the Postmaster General in a provision of regulations, rules or a licence under the Wireless Telegraphy Act 1949 or the Wireless Telegraphy Act 1967 which is in force at the beginning of that day shall (unless the context otherwise requires) be construed as referring to the Minister and any reference to an officer of the Post Office in any such provision shall (unless the context otherwise requires) be construed as referring to a person acting under the authority of the Minister
As from the appointed day.—
section 2(1) of the Wireless Telegraphy Act 1949 (fees and charges for wireless telegraphy licences) shall, subject to the foregoing subsection, have effect as originally enacted, and not as amended by section 16(4) of the Post Office Act 1961 (which dispenses, in certain cases, with the requirement of the consent of the Treasury to the making of regulations under the first-mentioned section);
Schedule 1 to the Wireless Telegraphy Act 1949 (procedure in relation to suspension and revocation of authorities to wireless personnel) shall have effect with the substitution, for paragraph 3 thereof, of the following paragraph:—.
The Minister shall, as from the appointed day, have power to make, in such cases or classes of cases as the Treasury may determine, refunds of sums paid under section 2(1) of the Wireless Telegraphy Act 1949 (fees and charges for wireless telegraphy licences).
A payment made in exercise of the power conferred by the last foregoing subsection shall be defrayed out of sums received under the Wireless Telegraphy Act 1949 by the Minister.
The surplus of sums received under the Wireless Telegraphy Act 1949 by the Minister over sums paid in exercise of the power conferred by subsection (3) above shall from time to time be paid into the Consolidated Fund of the United Kingdom (hereafter in this Act referred to as the " Consolidated Fund "), and any sums received under section 11(4) of the Wireless Telegraphy Act 1967 by the Minister shall be so paid.
Section 20(3) of the Wireless Telegraphy Act 1949 (power of Her Majesty in Council to extend that Act to the Isle of Man and the Channel Islands) shall have effect as if the reference to that Act included a reference to the foregoing provisions of this section, and section 36 of the Merchant Shipping (Safety and Load Line Conventions) Act 1932 (application of Part I of that Act to British possessions) shall have effect as if any reference to that Part included a reference to the said provisions.
The functions which are vested in the Postmaster General by virtue of section 6 of the Commonwealth Telegraphs Act 1949 (provisions as to pensions of employees of Cable and Wireless Limited and certain other persons) shall, on the appointed day, vest in the Minister; and, accordingly, as from that day, references in that section to the Postmaster General shall be construed as referring to the Minister.
The power conferred by subsection (3) of section 1 of the Recorded Delivery Service Act 1962 on the Postmaster General by order to make such amendments of enactments contained in local or private Acts as appear to him to be necessary or expedient in consequence of subsection (1) of that section shall, on the appointed day, vest in the Minister; and, accordingly, as from that day, the reference to the Postmaster General in the said subsection (3) and the reference to him in subsection (4) of that section (which lays on him a duty of consultation before making an order under subsection (3)) shall each be construed as referring to the Minister.
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There shall be established a public authority, to be' called the Post Office, which shall have such powers and duties as are conferred and imposed on it by, or by virtue of, the following provisions of this Act; so, however, that, until the appointed day, the purpose for which its powers are exercised shall be restricted to the preparation for the assumption by it of functions theretofore discharged by the Postmaster General.
The Post Office shall consist of a chairman and, to a number not exceeding twelve nor falling short of— of other members, whether part-time or full-time.
three, as regards the period beginning with the day on which this Act is passed and ending with the day immediately preceding the appointed day; and
six, after the expiration of that period,
The chairman of the Post Office shall be appointed by the Minister, and the other members of the Post Office shall be appointed by the Minister after consultation with the chairman.
Schedule 1 to this Act shall have effect as respects the Post Office and the members thereof.
It is hereby declared that the Post Office is not to be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown, or (subject to the express provisions of this Act relating to stamp duty) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that its property is not to be regarded as property of, or property held on behalf of, the Crown.
The Post Office shall have power—
to provide postal services (including cash on delivery services) and telecommunication services ;
to provide a banking service of the kind commonly known as a giro system and such other services by means of which money may be remitted (whether by means of money orders, postal orders or otherwise) as it thinks fit;
to provide data processing services ; and
to perform services for Her Majesty's Government in the United Kingdom, Her Majesty's Government in Northern Ireland or the government of a country or territory outside the United Kingdom or for local or national health service authorities in the United Kingdom.
The Post Office shall have power, for the purpose of securing the effective exercise of any of the powers conferred on it by the foregoing subsection, or in connection with or in consequence of an exercise thereof, to do anything that appears to the Post Office to be requisite, advantageous or convenient for it to do, including in particular (but without prejudice to the generality of the foregoing words) power— and may turn its resources to account so far as not required for the purposes of its business.
to construct, manufacture, produce, purchase, take on hire or hire-purchase, install, maintain and repair anything required for the purposes of its business or of the business of a subsidiary of its;
to construct, manufacture, produce or purchase for supply to others any articles of a kind similar to any so required and to install, maintain, repair and test for others articles of such a kind ;
to provide others with the services of persons employed by it for the purpose of undertaking for them tasks of a kind which, in the course of the provision or performance by it of any service falling within the foregoing subsection, are undertaken by persons so employed;
to provide, for the benefit of others, consultancy and advisory services concerning anything that it does in exercise of its powers or has power to do and facilities for the training of persons for any purpose connected with anything that it so does or has power to do;
to enter into and carry out agreements with any person for the carrying on by him, whether as its agent or otherwise, of any of the activities which itself may carry on or for the carrying on jointly by him and it of any of those activities;
to acquire land which is required by it for, or in connection with, the exercise of its powers or as to which it can reasonably be foreseen that it will be so required ;
to dispose (whether absolutely or for a term of years) of any part of its undertaking or any property which in its opinion is not required by it for or in connection with the exercise of its powers, and, in particular, to dispose of an interest in, or right over, any property which, subject to the interest or right, is retained by it;
for the purposes of its business, to subscribe for or acquire any securities of an incorporated company or other body corporate, to procure its admission to membership of an incorporated company limited by guarantee and not having a share capital, to promote the formation of an incorporated company or participate in the promotion of such a company or to acquire an undertaking or part of an undertaking;
to give or lend money to, or give a guarantee for the benefit of, any person with whom it has entered into an agreement by virtue of paragraph (e) above for the purpose of enabling him to carry out the agreement and, for the purposes of its business, to give or lend money to, or give a guarantee for the benefit of, any other person for the purposes of an undertaking carried on by him or, where that person is a body corporate, an undertaking carried on by a subsidiary of its ;
to do anything for the purpose of advancing the skill of persons employed by it or that of persons who, though not so employed, are engaging themselves, or have it in contemplation to engage themselves, in work of a kind in the case of which it has or may have a direct or indirect concern in the products thereof;
to promote (either by prosecuting it itself or by its promoting it by others) research into matters which affect, or arise out of, the carrying on of its business, or other matters which, though not such as aforesaid, are such as to which it appears to it that advantage will or may accrue to it as a consequence of research's being prosecuted into them;
to promote the doing of such work as is requisite to enable there to be turned to account—
the results of research (whether promoted by it or not) into matters affecting, or arising out of, the carrying on of its business ;
the results of research promoted by it into other matters;
to provide assistance (including financial assistance) to any institution or body whose activities (or any of them) are such as, in its opinion, to be of benefit to it;
to carry for hire or reward passengers in vehicles used by it for the purposes of its business ;
to enter into, and carry out, agreements with persons who carry on business as carriers of goods, for the carriage by it on their behalf of goods consigned to them for carriage by them ;
to provide houses, hostels and other like accommodation for persons engaged in its business ;
to make loans to persons employed by it (including, in particular, loans to assist them to acquire housing accommodation) and to guarantee loans made to persons so employed (including, in particular, loans made by building societies and other bodies for housing purposes);
to promote recreational activities for, and activities conducing to the welfare of, persons who are, or have been, engaged in its business or have been officers, servants or agents of the Postmaster General and the families of such persons- and to assist the promotion by others of such activities;
For the avoidance of doubt, it is hereby declared that the foregoing provisions of this section relate only to the capacity of the Post Office as a statutory corporation, and nothing in those provisions shall be construed as authorising the disregard by it of any enactment or rule of law.
The Post Office shall not be regarded as a common carrier in respect of any of its activities.
The provisions of this section shall not be construed as limiting any power of the Post Office conferred by or under any subsequent provision of this Act.
Nothing in this section shall be taken to confine the exercise of the powers thereby conferred on the Post Office to the British Islands.
to furnish any authority or person outside the United Kingdom with assistance (whether financial, technical or of any other nature) if, in its opinion, the consequences of doing so will enure for its benefit;
to enter into, and carry out, agreements with the Minister of Overseas Development whereunder it acts, at the expense of that Minister, as the instrument by means whereof technical assistance is furnished by him in exercise of the power conferred on him by section 1(1) of the Overseas Aid Act 1966.
It shall be the duty of the Post Office (consistently with any directions given to it under the following provisions of this Part of this Act) so to exercise its powers as to meet the social, industrial and commercial needs of the British Islands in regard to matters that are subserved by those powers and, in particular, to provide throughout those Islands (save in so far as the provision thereof is, in its opinion, impracticable or not reasonably practicable) such services for the conveyance of letters and such telephone services as satisfy all reasonable demands for them.
In discharging the duty imposed on it by the foregoing subsection, the Post Office shall have regard—
to the desirability of improving and developing its operating systems;
to developments in the field of communications; and
to efficiency and economy.
Subsection (1) above shall not be taken to preclude the Post Office from interrupting, suspending or restricting, in case of emergency, any service provided by it.
Nothing in this section shall be construed as imposing upon the Post Office, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court.
The Minister may, after consultation with the Post Office, give to it such directions of a general character as to the exercise by it of its powers as appear to the Minister to be requisite in the national interest.
If it appears to the Minister that there is a defect in the general plans or arrangements of the Post Office for exercising any of its powers, he may, after consultation with it, give it directions of a general character for remedying the defect.
Without prejudice to the foregoing provisions of this section, if it appears to the Minister to be requisite or expedient so to do— he may, after consultation with the Post Office, give to it directions requiring it (according to the circumstances of the case) to secure that a particular thing that it or a subsidiary of its is doing is no longer done or that a particular thing that it has power to do, but is not being done either by it or by a subsidiary of its, is so done.
in the interests of national security or relations with the government of a country or territory outside the British Islands; or
in order—
to discharge, or facilitate the discharge of, an obligation binding on Her Majesty's Government in the United Kingdom by virtue of its being a member of an international organisation or a party to an international agreement;
to attain, or facilitate the attainment of, any other object the attainment of which is, in the Minister's opinion, requisite or expedient in view of Her Majesty's Government in the United Kingdom being a member of such an organisation or a party to such an agreement; or
to enable Her Majesty's Government in the United Kingdom to become a member of such an organisation or a party to such an agreement;
If it appears to the Minister that the Post Office is showing undue preference to, or is exercising undue discrimination against, any person or persons of any class or description in the charges or other terms and conditions applicable to services provided by it, being services which, by virtue of the following provisions of this Part of this Act, it has the exclusive privilege of providing, he may, after consultation with the Post Office, give it such directions as appear to him requisite to secure that it ceases so to do.
The Post Office shall comply with directions given to it under any of the foregoing provisions of this section.
The Post Office shall not disclose any directions given to it under any of the foregoing provisions of this section if the Minister notifies it that he is of opinion that it is against the interests of national security to do so.
In the case of a wholly owned subsidiary of the Post Office, it shall so exercise the rights conferred on it by the holding of its interest therein as to secure that no person is appointed to be a director of the subsidiary except after previous consultation with the Minister as to his suitability for appointment.
The Post Office, in carrying out any such work of development as involves substantial outlay on capital account and, if it has subsidiaries, in securing the carrying out by them of any such work, shall act in accordance with a general programme settled from time to time with the approval of the Minister.
The Post Office shall furnish the Minister with such returns, accounts and other information with respect to its property and activities, and, if it has subsidiaries, with respect to their property and activities, as he may from time to time require.
Without prejudice to the provisions of the last foregoing subsection, the Post Office shall, as soon as possible after the end of each accounting year, make to the Minister a report on the exercise and performance by it of its functions during that year (which shall include such particulars as the Minister may, after consultation with the Post Office and with the approval of the Treasury, direct with respect to its activities and those of its subsidiaries so far as consisting in the construction, manufacture or production of articles in that year), and the Minister shall lay a copy of every such report before each House of Parliament.
The report made under the last foregoing subsection for any year shall set out any directions given under this section by the Minister to the Post Office during that year, except such (if any) as were the subject of notifications under subsection (6) above.
Subject to the provisions of this section, the Minister may, after consultation with the Post Office, give to it a direction that it shall do, for Her Majesty's Government in the United Kingdom or Her Majesty's Government in Northern Ireland, work of such a description as may be specified in the direction, being work consisting in the effecting of transactions in normal business hours in such parts of post offices as are open to the public during those hours for the transaction of postal business.
Subject to the provisions of this section, the Minister may, after consultation with the Post Office, give to it a direction that it shall, in normal business hours, issue, on behalf of a local authority in Great Britain specified in the direction, licences of the following kinds (or of such of them as may be so specified) namely:— but so that no direction be given under this subsection with reference to a local authority except at its request.
dog licences;
licences for dealing in game ; and
licences for killing game ;
Subject to the provisions of this section, the Minister may, after consultation with the Post Office, give to it a direction that it shall, in normal business hours, issue licences under the Vehicles (Excise) Act (Northern Ireland) 1954 on behalf of a county council or county borough council in Northern Ireland specified in the direction, but so that no direction be given under this subsection with respect to such a council except at its request.
The Post Office shall comply with a direction given to it under subsection (1), (2) or (3) above.
In the event of a dispute's arising as to the places at which, days on which or periods during which work is to be done in compliance with a direction given under subsection (1) above or licences are to be issued in compliance with a direction given under subsection (2) or (3) above, it shall be determined by the Minister.
The Minister shall not give a direction under subsection (1), (2) or (3) above or proceed to a determination under the last foregoing subsection except after taking into consideration the administrative arrangements of the Post Office for the time being in force and the facilities available to it for the time being for doing the work in question or, as the case may be, issuing the licences in question and for exercising and performing its other functions.
In consideration Of its complying with a direction given under subsection (1) above, the Post Office shall be entitled to receive payment from the Crown (of an amount to be determined, in the event of a dispute's arising as to the amount thereof, by the Minister), and the direction may include provision as to the person by whom the payment is to be made and the manner in which it is to be defrayed.
In consideration of its complying with a direction given under subsection (2) above with reference to a local authority in Scotland, the Post Office shall be entitled to receive payment from that authority (of an amount to be determined, in the event of a dispute's arising as to the amount thereof, by the Minister).
In consideration of its complying with a direction given under subsection (3) above, the Post Office shall be entitled to receive payment from the Crown in right of Her Majesty's Government in Northern Ireland (of an amount to be determined, in the event of a dispute's arising as to the amount thereof, by the Minister).
No direction shall be given under this section requiring the Post Office to do anything before the appointed day.
Consultation with the Minister by the Post Office shall be requisite before it or a subsidiary of its constructs, manufactures or produces, for the relevant purpose, things of any kind to an extent substantially greater than that to which the Postmaster General constructed, manufactured or produced, for the corresponding purpose, things of that kind during the period beginning with the 1st April 1961 and ending with the day immediately preceding the appointed day; and it shall similarly be requisite before the Post Office or a subsidiary of its constructs, manufactures or produces, to a substantial extent for the relevant purpose, things of a kind that the Postmaster General did not construct, manufacture or produce for the corresponding purpose during that period.
The approval of the Minister shall be requisite to the carrying on by the Post Office or a subsidiary of its of activities consisting in the construction, manufacture, production or purchase for supply to outside persons of things for use by such persons otherwise than in connection with services provided by the Post Office or a subsidiary of its; and—
the approval of the Minister may be given for the purposes of this subsection subject to such conditions (if any) as he may deem fit; but
notwithstanding the giving of approval, the Minister may at any time, after consultation with the Post Office, direct it to discontinue or, as the case may be, to exercise its control over a subsidiary of its so as to require the subsidiary to discontinue, any activity that the Post Office or, as the case may be, the subsidiary is carrying on with approval.
The Minister shall publish, in such manner as he thinks fit, particulars of any approval given under the last foregoing subsection by him, and shall send them to the Confederation of British Industry and the Trades Union Congress.
In carrying on any activities to which subsection (2) of this section applies the Post Office shall act as if it were a company engaged in a commercial enterprise, and it shall so exercise its control over a subsidiary of its that carries on any such activities as to ensure that the subsidiary so acts.
In this section.— and, for the purposes of this section, the assembly of an article in the course of its installation at the place where it is to be used shall not be taken to constitute its manufacture, construction or production.
" outside persons" means persons other than the Post Office or its subsidiaries;
" the relevant purpose " means the purpose of use by the Post Office or a subsidiary of its or of supply to outside persons for use by them in connection with services provided by the Post Office or a subsidiary of its; and
" the corresponding purpose " means the purpose of use by the Postmaster General or of supply to others for use by them in connection with services provided by him;
There shall be established, in accordance with the provisions of this section.— and the Post Office Users' National Council is hereafter in this section referred to as " the National Council" and the councils mentioned in paragraph (b) above are so referred to as " Country Councils".
a users' council for the British Islands, to be called " the Post Office Users' National Council " ; and
a users' council for Scotland, to be called " the Post Office Users' Council for Scotland ", a users' council for Wales and Monmouthshire, to be called " the Post Office Users' Council for Wales and Monmouthshire " and a users' council for Northern Ireland, to be called " the Post Office Users' Council for Northern Ireland " ;
The National Council shall consist of— and, in appointing members in pursuance of paragraph (c) above, the Minister shall have regard to the desirability of having members who are familiar with the special requirements and circumstances of particular parts of the British Islands.
a chairman appointed by the Minister;
the chairmen of the Country Councils;
such other members, not exceeding twenty-six, as the Minister may appoint after consultation with such bodies as appear to him to be representative of the interests of persons likely to be concerned with matters within the competence of the Council;
such other members, not exceeding three, as the Minister may appoint without any such consultation;
Each of the Country Councils shall consist of a chairman appointed by the Minister and such other members, not exceeding twenty-four, as the Minister may appoint after consultation with the chairman and such bodies in the part of the United Kingdom for which the Council is to be or is established as appear to him to be representative of the interests of persons likely to be concerned with matters within the competence of the Council.
A person appointed to be a member of a council established under this section shall hold and vacate office in accordance with the terms of his appointment; but, notwithstanding anything in those terms, he may at any time resign his office by notice in writing to the Minister.
A person who has held office as a member of a council established under this section shall be eligible for reappointment.
The Minister and the Post Office may each refer to the National Council, for consideration and report, any matter relating to the services provided by the Post Office.
In the case of each of the Country Councils, the Minister and the Post Office may each refer to it for consideration and report a matter relating to services provided by the Post Office that affects persons in the part of the United Kingdom for which the Council is established (being persons for whom those services are provided), but does not affect others, but neither shall refer to it any other matter.
It shall be the duty of each of the Country Councils—
to consider— and, if it is of opinion that action ought to be taken with respect to any such matter, to give to the Minister, the Post Office and the National Council notice of that fact (stating whether or not the matter was the subject of a representation made to the Council) and of the action which the Council thinks ought to be taken;
any matter relating to the services provided by the Post Office in the part of the United Kingdom for which the Council is established which is the subject of a representation (other than one appearing to the Council to be frivolous) made to the Council by, or on behalf of, a user in that part of the United Kingdom of those services; and
any matter relating to the services so provided in that part of the United Kingdom which appears to the Council to be one to which consideration ought to be given by it notwithstanding that no representation has been made to it with respect to it;
to consider any matter which is referred to it under the last foregoing subsection and to report thereon to the Minister and the Post Office.
It shall be the duty of the National Council—
to consider— and, if it is of opinion that action ought to be taken with respect to any such matter, to give to the Minister and the Post Office notice of that fact (stating whether or not the matter was the subject of a representation made to the Council) and of the action which the Council thinks ought to be taken ;
any matter relating to the services provided by the Post Office in the British Islands which is the subject of a representation (other than one appearing to the Council to be frivolous) made to the Council by or on behalf of a user of the services so provided in those Islands ; and
any matter relating to the services so provided in those Islands which appears to the Council to be one to which consideration ought to be given by it notwithstanding that no representation has been made to it with respect to it;
to consider the subject-matter of a notice given to it in pursuance of subsection (8)(a) above by a Country Council and to transmit to the Minister, the Post Office and that Council its observations thereon ;
to consider any matter referred to it under subsection (6) above and to report thereon to the Minister and the Post Office.
Where it falls to the National Council to consider a matter that affects persons in a part of the United Kingdom for which one of the Country Councils is established, being persons for whom services are provided by the Post Office, but does not affect persons elsewhere for whom services are so provided, it shall be the duty of the National Council to consult with that Country Council with respect to that matter.
Every council established under this section shall meet when convened by the chairman thereof, but not less frequently than twice a year; and, without prejudice to the discretion of the chairman to call a meeting whenever he thinks fit, he shall call a meeting when required to do so by any three members of the council.
Minutes shall be kept of the proceedings at each meeting of each of the councils established under this section but, subject to that, each of those councils may determine its own quorum and procedure.
It shall be the duty of each of the Country Councils to comply with a requisition made on it by the National Council for a copy of the minutes of a specified meeting of the Council.
Each of the councils established under this section shall, as respects each accounting year, make to the Minister a report on the exercise and performance by the council of its functions during that year and the Minister shall lay a copy of each such report before each House of Parliament.
Each of the councils established under this section shall be furnished by the Minister with such officers and staff as appear to him to be requisite for the proper discharge of its functions, and with such office accommodation and equipment, and such services, as appear to him to be so requisite.
The Minister may pay such allowances and remuneration to the chairman of the National Council and the officers and staff of any of the councils established under this section as he may determine and such allowances to the members of any of those councils (other than the chairman of the National Council) as he may determine; and may pay such expenses of any of those councils as he may determine.
The Minister may pay such allowances as he may determine to members of any body recognised by him, after consultation with the National Council, to be assisting the Council to ascertain the opinion of users of services provided by the Post Office in any part of the British Islands, and may pay such expenses of a body so recognised as he may determine ; but he shall not recognise a body to be assisting the National Council to ascertain the opinion of users of services so provided in any part of the United Kingdom for which one of the Country Councils is established except after consultation with that Council.
Notwithstanding section 1(3) of the Post Office Act 1961, any expenses incurred by the Postmaster General in the discharge, by virtue of section 2(6) of this Act, of the duty imposed by subsection (15) above or the exercise, by virtue of the said section 2(6), of the power conferred by subsection (16) or (17) above shall be defrayed out of moneys provided by Parliament, and moneys so provided for the payment by the Postmaster General of those expenses shall be excepted from the operation of section 1(2) of the Post Office Act 1961.
The approval of the Minister for the Civil Service shall be requisite as regards the number of persons to be furnished under subsection (15) above and to a determination under subsection (16) or (17) above by the Minister relating to allowances or remuneration, and the approval of the Treasury shall be requisite to a determination under either of the last-mentioned subsections by the Minister relating to the expenses of a body.
Part III of Schedule 1 to the House of Commons Disqualification Act 1957 (which specifies offices whereof the holders are disqualified under that Act) shall, in its application to the House of Commons of the United Kingdom, be amended by inserting, at the appropriate point in alphabetical order, the words " Chairman of the Post Office Users' National Council ".
Before the Post Office so puts into effect any major proposals relating to any of its main services as to affect the persons for whom they are provided, it shall be incumbent on it, subject to the next following subsection, to refer the proposals to, and consult thereon with, the Post Office Users' National Council.
The foregoing subsection shall not apply to proposals containing no matter other than such as is requisite to comply with a direction given by the Minister under section 11(3) or (4) or 12 of this Act or matter ancillary to matter such as is so requisite.
Any question arising whether or not any proposals are major proposals or relate to a main service shall be referred to the Minister, whose decision shall be final.
The validity of any action taken by the Post Office shall not be impugned on the ground that it was taken otherwise than in pursuance of proposals that had been the subject of a reference under subsection (1) above, but ought not to have been so taken.
On the appointed day, there shall vest by virtue of this section in the Post Office—
all property which, immediately before that day, is vested in the Postmaster General and held in trust for Her Majesty;
all works and apparatus belonging to the Postmaster General to which the enactments relating to telegraphs apply;
the portions of the tube laid by the Pneumatic Despatch Company, Limited, that are vested in the Postmaster General under the Post Office (Pneumatic Tubes Acquisition) Act 1922;
all estates and interests in land in the Channel Islands which, immediately before that day, are vested in Her Majesty, being estates and interests in land then occupied or used, in whole or in part, by the Postmaster General or (for, or in connection with, the exercise and performance of any of the Postmaster General's functions) by an officer or servant of the Crown;
all property which, immediately before that day, is vested in the Crown and used, or appropriated for use, for, or in connection with, the exercise and performance of any of the Postmaster General's functions (being neither land nor property falling within paragraph (b) or (c) above);
all interests of the Minister of Public Building and Works in the land delineated (and coloured blue) on the plans deposited in connection with the Bill for this Act with that Minister and authenticated by the signature of the Postmaster General (being land in the City of Edinburgh which, though held by that Minister, is occupied by the Postmaster General);
all rights and liabilities enjoyed by, or incumbent on, the Crown immediately before that day with reference to the functions of the Postmaster General (including, in particular, but without prejudice to the generality of the foregoing words, all rights so enjoyed, and liabilities so incumbent, that subsist by virtue of a contract entered into by the Minister of Public Building and Works on behalf of the Crown for the erection or execution of buildings or works on land in whose case an estate or interest therein vests in the Post Office by virtue of paragraph (a) above, not being land which, immediately before that day, is the subject of an agreement to which the parties are the Postmaster General, the Minister of Public Building and Works and the Post Office for the conveyance, assignment or transfer by the Post Office to that Minister of the estate or interest that so vests).
The following shall be excepted from the operation of the foregoing subsection, namely.—
chattels or corporeal moveables used, or appropriated for use, exclusively for, or in connection with, the exercise and performance by the Postmaster General of his functions under the Government Annuities Act 1929, the Post Office Savings Bank Acts 1954 and 1966, the National Debt Act 1958 or the National Loans Act 1968, not being telegraphic apparatus;
records within the meaning of the Public Records Act 1958;
copyright (other than copyright in registered designs);
property for whose vesting in the Post Office or the Minister of Public Building and Works provision is made by the following provisions of this Act;
rights and liabilities for whose vesting in the Post Office provision is so made ;
rights and liabilities enjoyed by, or incumbent on, the Crown referable solely to the exercise and performance by the Postmaster General of his functions under the Wireless Telegraphy Acts 1949 to 1967 (other than rights and liabilities that subsist by virtue of a contract for the supply of chattels or corporeal moveables or by virtue of such a contract to which the Minister of Public Building and Works is a party as falls within subsection (1)(g) above);
rights and liabilities enjoyed by, or incumbent on, the Crown referable solely to the exercise and performance by the Postmaster General of his functions under the Government Annuities Act 1929, the Post Office Savings Bank Acts 1954 and 1966, the National Debt Act 1958 or the National Loans Act 1968 (other than rights and liabilities that subsist by virtue of such a contract to which the Minister of Public Building and Works is a party as falls within subsection (1)(g) above);
rights and liabilities that subsist by virtue of section 46 of the Patents Act 1949 or paragraph 1 of Schedule 1 to the Registered Designs Act 1949 (Crown use of patented inventions and registered designs);
rights and liabilities that subsist by virtue of a contract entered into by the Controller of Her Majesty's Stationery Office on behalf of the Crown; and
rights and liabilities that subsist under such a contract entered into on behalf of the Crown as falls within subsection (1) of section 18 of this Act (it being assumed that subsection (2) thereof had been omitted).
If it appears to the Minister expedient so to do for the purpose of removing any difficulties or uncertainties arising out of the operation of the last foregoing section, he may by order—
direct that such property (other than land), rights or liabilities as may be specified in the order (being property, rights or liabilities which, apart from the order, would vest in -the Post Office by virtue of that section or which have so vested) shall, notwithstanding that section, not so vest or, as the case may be, be deemed not to have so vested ; or
direct that such property (other than land), rights or liabilities as may be so specified (being property, rights or liabilities which, apart from the order, would not so vest or which have not so vested) shall, notwithstanding that section, so vest on the appointed day or, as the case may be, on such day as may be so specified.
No order shall be made under this section by the Minister with respect to chattels or corporeal moveables after the expiration of the period of twelve months beginning with the appointed day.
Where an order under this section operates to the advantage of the Post Office, the Minister may, with the consent of the Treasury, direct that the debt that will fall, or has fallen, by virtue of the following provisions of this Part of this Act, to be assumed by the Post Office to him shall be increased by a sum specified in the direction (being a sum appearing to him to represent the value of the advantage); and where an order under this section operates to the disadvantage of the Post Office, the Minister may, with the like consent, direct that that debt shall be reduced by a sum specified in the direction (being a sum sufficient, in his opinion, to compensate the Post Office for the disadvantage).
Where a contract entered into on behalf of the Crown by the Postmaster General contains provision conferring on the Crown (otherwise than by reference to the office of master of the Post Office and incidentally only to other matters with which the contract is principally concerned) rights in respect of a patent, invention or registered design, the rights of the Crown subsisting by virtue of the contract (other than such as subsist by virtue of that provision) and the liabilities of the Crown so subsisting (other than such, if any, as relate to payment in respect of an exercise of rights that so subsist) shall, on the appointed day, vest in the Post Office by virtue of this section but the Post Office shall—
enjoy, concurrently with the Crown and subject to the like liability (if any) as is incumbent on the Crown to make payment in respect of an exercise thereof, the Crown's rights under the contract that so subsist and
be liable to satisfy any unsatisfied liability of the Crown to make payment in respect of an exercise by the Postmaster General, on behalf of the Crown, of those rights.
In so far as a contract provides for the terms upon which use of an invention may be made by virtue of section 46 of the Patents Act 1949 for the manufacture of articles by the department of the Postmaster General or the manufacture and supply to that department of articles by a person authorised by it or provides for the terms upon which use of a registered design may be made by virtue of paragraph 1 of Schedule 1 to the Registered Designs Act 1949 for either of these purposes, it shall be excepted from the operation of the foregoing subsection.
On the appointed day, the assets of the Post Office Fund and of the general reserve maintained by the Postmaster General in pursuance of section 7 of the Post Office Act 1961 shall, by virtue of this section, vest in the Post Office, and that fund and that reserve shall cease to exist.
On the appointed day, there shall vest in the Post Office, by virtue of this section.—
all moneys in the hands of the Postmaster General which, though not forming part of the assets of the Post Office Fund, would, if this Act had not passed, have fallen to be paid by him into that fund ;
any right of the Postmaster General to repayment of Ways and Means advances made by him under section 11 (investment powers) of the Post Office Act 1961;
any bills or securities vested in him in consequence of an exercise of the power of investment conferred on him by that section ; and
any shares acquired by him under Part VII of this Act.
On the appointed day—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the rights which, by virtue of sections 33, 34, 36(1) and 42 of the principal Act (which contain provisions enabling him to compel railway undertakers to undertake the conveyance of mail-bags by train and by ships which are owned or worked by them or in the case of which they are parties to arrangements for the use, maintenance or working thereof) he enjoys immediately before that day and the countervailing obligations with respect to payment of remuneration for services performed which, immediately before that day, are, by virtue of sections 35 and 36(2) of the principal Act, incumbent on him shall become those of the Post Office;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the obligation to him which, by virtue of subsection (1) of section 38 of the principal Act, is, immediately before that day, incumbent on railway undertakers to perform services with respect to the conveyance of mail-bags and the other matters mentioned in that subsection and the right which, by virtue of subsection (2) of that section, they enjoy, immediately before that day, to receive from him remuneration for services performed shall respectively become an obligation to the Post Office and a right against it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sections 29, 33 to 36, 38, 44 and 45 of the principal Act shall have effect as if, for references to the Postmaster General, there were substituted references to the Post Office ; and
sections 39, 40 and 41 of that Act (which respectively prohibit railway undertakers from making byelaws, &c, which militate against the provisions of that Act relating to the conveyance of mails by railway, provide for the manner in which notices may be served under that Act on railway undertakers and penalize certain refusals and neglects by such undertakers in the matter of the conveyance of mails by railway) shall have similar effect.
On the appointed day, the rights and liabilities which, by virtue of the provisions of the Telegraph Acts which are not repealed by this Act, are enjoyed by, and incumbent on, the Postmaster General immediately before that day shall become those of the Post Office, and it shall become subject to the restrictions imposed by those provisions to which the Postmaster General is subject immediately before that day; and, accordingly.—
on that day, so much of section 2 of the Telegraph Act 1868 as provides that the term " the company " in the Telegraph Act 1863 shall, in addition to the meaning assigned to it in that Act, mean the Postmaster General shall cease to have effect; and
as from that day, references in the said provisions and in section 20 of the Public Utilities Street Works Act 1950 (which extends the powers exercisable under section 21 of the Telegraph Act 1863) to the company and to the Postmaster General (except references in such of those provisions as are expressly dealt with by the following provisions of this Act and except the first two references to the company in section 30 of the Telegraph Act 1863, the first three such references in section 33 of that Act, the ninth reference to the Postmaster General in section 6 of the Telegraph Act 1878, the first reference to him in the Telegraph (Construction) Act 1911 and the first reference to him in the Telegraph (Construction) Act 1916) shall be construed as referring to the Post Office, except so far as the context excludes such a construction, and the excepted references in the said sections 30, 33 and 6 and those in the two last-mentioned Acts shall be construed as including references to the Post Office.
In this section "the Telegraph Acts" means the Telegraph Act 1863, the Telegraph Act 1868, the Telegraph Act 1870, the Telegraph Act 1878, the Telegraph (Isle of Man) Act 1889, the Telegraph Act 1892, the Telegraph (Construction) Act 1908, the Telegraph (Arbitration) Act 1909, the Telegraph (Construction) Act 1911 and the Telegraph (Construction) Act 1916.
Any provision of the Sites Acts, the Post Office Extension Act 1865, the Manchester Post Office Act 1876, the Post Office (London) Railway Act 1913, the Post Office (Site and Railway) Act 1954, the Post Office Works Act 1959 or the Post Office Subway Act 1966 which is in force immediately before the appointed day and contains references to the Postmaster General shall, so far as necessary for preserving its effect on and after that day, have effect as from that day as if those references were references to the Post Office.
As from the appointed day, any rights or powers vested in, or exercisable by, the Post Office under the enactments relating to telegraphs in respect of works of any kind whatsoever executed under those enactments shall extend to, and may be exercised by it in respect of, the portions of the tube constructed by the Pneumatic Despatch Company, Limited, that vest in the Post Office by virtue of section 16 of this Act.
Section 20 of the Bristol Cattle Market Act 1930 (which empowers the Postmaster General, amongst others, to enter into and carry out agreements with reference to any of the matters referred to in that Act or the agreements mentioned in that section) shall, as from the appointed day, have effect with the substitution, for the reference to the Postmaster General, of a reference to the Post Office.
Section 16 of the City of London (Various Powers) Act 1950 (which provides for the continuance of the making, by the Postmaster General, the Mayor and commonalty and citizens of the city of London acting by the common council and the Mercers’ Company of certain periodic payments to the incumbents and clerks of certain benefices in the city, being payments originally required to be made under enactments repealed by that Act) shall, as from the appointed day, have effect as if, in Schedule 1 to that Act, for references to the Postmaster General, there were substituted references to the Post Office; and the rights of indemnity in favour of the Postmaster General that are saved by the proviso to section 18 of that Act shall, as from that day, enure for the benefit of the Post Office and the charges on property to secure the payment of money payable to the Postmaster General in respect of indemnities so saved which are themselves also saved by that proviso shall, as from that day, have effect accordingly.
The reference in subsection (1) above to the Sites Acts is a reference to the Acts passed during the years 1885 to 1938 (both inclusive) the short title of each of which consists of the words “The Post Office (Sites) Act” followed by the year in which it was passed.
Subject to the restriction imposed by the following subsection, as from the appointed day, the privilege with respect to the conveyance of letters and the performance of services of receiving, collecting, despatching and delivering letters which, by virtue of section 3 of the Post Office Act 1953 is (subject to the exceptions provided for by that section) enjoyed by the Postmaster General at the passing of this Act, shall (subject to the like exceptions) become that of the Post Office; and, accordingly, as from that day.—
that section shall have effect as if, for references to the Postmaster General, there were substituted references to the Post Office ; and
section 4 of that Act (which penalizes infringements of the privilege conferred by the said section 3) and sections 26 to 28 thereof (which make provision for securing the due transmission of postal packets carried in ships or aircraft inward bound) shall have similar effect.
The said restriction is that the power to authorise letters to be sent, conveyed and delivered otherwise than by post and the collection of letters otherwise than by an officer of the Post Office which is conferred by the proviso to subsection (1) of the said section 3 and with which the Post Office becomes invested by virtue of the foregoing subsection shall not be exercisable except with the consent of, or in accordance with the terms of a general authority given by, the Minister.
Subject to the following provisions of this Act, as from the appointed day, the Post Office shall have throughout the British Islands, the exclusive privilege of running systems for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy of—
speech, music and other sounds ;
visual images;
signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sound or visual images ; and
signals serving for the actuation or control of machinery or apparatus.
In the case of an infringement, in relation to a system not extending beyond the British Islands, of the privilege conferred by the foregoing subsection, the person running the system (or, if different people run different parts of it, each of them), shall be guilty of an offence and liable.— and, in the case of an infringement, in relation to a system extending beyond those Islands, of that privilege, the person running the portion of the system within those Islands (or, if different people run different parts of it, each of them) shall be guilty of an offence and similarly liable.
on summary conviction, to a fine not exceeding £400;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both,
Where a body corporate is guilty of an offence under this section and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In this subsection, the expression "director ", in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
In any proceedings in respect of an offence under this section consisting in the running of a system in the case of which, at the time of the commission of the offence, different parts were run by different persons, it shall be a defence for the defendant to prove that a part of the system had been included without his knowledge and that, had it not been, the running of the system would not have constituted an infringement of the privilege conferred by subsection (1) above.
The privilege conferred by subsection (1) of the last foregoing section is not infringed by—
the running of a system in the case of which the only agency involved in the conveyance of things thereby conveyed is light and the things thereby conveyed are so conveyed as to be capable of being received or perceived by the eye and without more;
the running by a person of a system in the case of which all the apparatus comprised therein is situate either—
on a single set of premises occupied by him; or
in a vehicle, vessel, aircraft or hovercraft or in two or more vehicles, vessels, aircraft or hovercraft mechanically coupled together ; or
the running by a single individual of a system in the case of which—
all the apparatus comprised therein is under his control; and
everything conveyed by it that falls within paragraphs (a) to (d) of the said subsection (1) is conveyed solely for domestic purposes of his.
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in a case in which all the apparatus therein comprised is situate in the British Islands, no person except him or the Post Office is concerned in the control of the apparatus;
in any other case, no person except him or the Post Office is concerned in the control of so much of the apparatus as is so situate ;
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that nothing falling within paragraphs (a) to (d) of subsection (1) of the last foregoing section is conveyed by the system by way of rendering a service to another;
that, in so far as sounds or visual images are conveyed by the system, they are not conveyed for the purpose of their being heard or seen by persons other than the person carrying on that business or any servants of his engaged in the conduct thereof ;
that in so far as such signals as are mentioned in paragraph (c) of that subsection are conveyed by the system, they are not conveyed for the purpose of imparting matter otherwise than to the person carrying on that business, any servants of his engaged in the conduct thereof or things used in the course of that business and controlled by him; and
that, in so far as such signals as are mentioned in paragraph (d) of that subsection are conveyed by the system, they are not conveyed for the purpose of actuating or controlling machinery or apparatus used otherwise than in the course of that business.
In the case of a system in the case of which all the apparatus therein comprised is let on hire by the Post Office, the said privilege is not infringed by the running of the system by the person to whom the apparatus is let on hire; and in the case of a system in the case of which part of the apparatus comprised therein consists of apparatus let on hire by the Post Office to a person, the said privilege is not infringed by the running by him of so much of the system as comprises the last-mentioned apparatus.
In this section "business " includes a trade, profession or employment and includes any activity carried on by a body of persons, whether corporate or unincorporated, and " vessel" means a vessel of any description used in navigation.
The privilege conferred by subsection (1) of section 24 of this Act is not infringed by a broadcasting authority by reason only of the transmission by it, by wireless telegraphy, of sounds or visual images from a transmitting station for general reception direct from that station, nor is it infringed by the reception of sounds or visual images transmitted, by wireless telegraphy, from a transmitting station for general reception direct from that station or through the medium of a relay service licensed under the Wireless Telegraphy Act 1949.
In this section, "broadcasting authority " means a person licensed under the Wireless Telegraphy Act 1949 to broadcast programmes for general reception and " wireless telegraphy" has the same meaning as in that Act.
A licence may, with the consent of, or in accordance with the terms of a general authority given by, the Minister, be granted by the Post Office, either unconditionally or subject to any conditions specified in the licence, and either irrevocably or subject to revocation as therein specified, for the running of any such system falling within subsection (1) of section 24 of this Act as is specified in the licence ; and nothing done under, and in accordance with, a licence granted under this subsection shall constitute an infringement of the privilege conferred by that subsection.
A licence granted under the foregoing subsection shall, unless previously revoked in accordance with any terms in that behalf contained in the licence, continue in force for such period as may be specified therein.
A licence granted under subsection (1) above may be granted either to all persons, to persons of a class or to a particular person, and may include (without prejudice to the power to impose conditions conferred by that subsection) conditions requiring the rendering to the Post Office of a payment on the grant of the licence or the rendering to it of periodic payments during the currency of the licence, or both.
A payment required by virtue of this section to be rendered to the Post Office may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.
A licence granted under subsection (1) above (not being one expressed to be granted to a specified person) shall be published in such manner as appears to the Post Office to be appropriate for bringing it to the attention of the persons for whose benefit it will enure, and a licence expressed to be so granted must be in writing.
No person shall be concerned to inquire whether the grant of a licence under subsection (1) above was, or was not, effected with the consent of, or in accordance with the terms of a general authority given by, the Minister; and the validity of a licence granted under that subsection shall not be impugned on the ground that it was granted neither with the consent of, nor in accordance with the terms of a general authority given by, him.
In the application of subsection (4) above to Scotland, the words " as if it were a simple contract debt" shall be omitted.
Section 6(1) of this Act shall not operate so as to preclude the grant by the Post Office before the appointed day of licences under subsection (1) above.
For the purposes of a licence granted under subsection (1) above, the definition of a class of persons may be framed by reference to any circumstances whatever.
The Post Office may make, as respects any of the services provided by it, a scheme for determining either or both of the following, namely.— but so that no provision be included in any such scheme for limiting liability of the Post Office for loss or damage or for amending the rules of law with respect to evidence.
the charges which (save in so far as they are the subject of an agreement between it and a person availing himself of those services) are to be made by it; and
the other terms and conditions which (save as aforesaid) are to be applicable to those services;
A scheme made under this section may, as respects the services to which it relates, adopt such system for the determination of the charges or other terms and conditions or (as the case may be) the charges and other terms and conditions that are to be applicable as may appear desirable and, in particular and without prejudice to the generality of the foregoing words, may, in all or any cases, leave the determination thereof to the Post Office subject to such (if any) conditions and limitations as may be provided for in the scheme.
A scheme made under this section may, as respects the services to which it relates, specify the manner in which, time at which and person by whom the charges that are to be applicable are to be paid.
A scheme made under this section may make different provision for different cases or classes of cases determined by, or in accordance with, the provisions of the scheme.
A charge exigible by virtue of this section may be recovered by the Post Office in any court of competent jurisdiction as if it were a simple contract debt.
A scheme made under this section may revoke or amend any previous scheme so made.
A scheme made under this section shall come into operation on such day as is specified therein, not being earlier than the day after that on which publication of the scheme in the London, Edinburgh and Belfast Gazettes has been effected; and conclusive evidence of a scheme so made may be given, in all courts of justice and in all legal proceedings whatsoever, by the production of a copy of any of those Gazettes purporting to contain it.
In the application of subsection (5) above to Scotland, the words " as if it were a simple contract debt" shall be omitted.
Save as provided by the next following section, no proceedings in tort shall lie against the Post Office in respect of any loss or damage suffered by any person by reason of—
anything done or omitted to be done in relation to anything in the post or omission to carry out arrangements for the collection of anything to be conveyed by post;
failure to provide, or delay in providing, a telecommunication service, apparatus associated therewith or a service ancillary thereto;
failure, interruption, suspension or restriction of a telecommunication service or a service ancillary thereto or delay of, or fault in, communication by means of a telecommunication service; or
error in, or omission from, a directory for use in connection with a telecommunication service.
No officer or servant of the Post Office or person who, not being such an officer or servant, is a sub-postmaster or telephone exchange attendant shall be subject, except at the suit of the Post Office, to any civil liability for any loss or damage in the case of which liability of the Post Office therefor is excluded by the foregoing subsection.
No person engaged in or about the carriage of mail and no officer, servant, agent or sub-contractor of such person shall be subject except at the suit of the Post Office to any civil liability for any loss or damage in the case of which liability of the Post Office therefor is excluded by subsection (1) of this section.
In the application of subsection (1) above to Scotland, the reference to proceedings in tort shall be construed in the same way as in section 43(b) of the Crown Proceedings Act 1947.
Subject to the provisions of this section, proceedings shall lie against the Post Office under this section, but not otherwise, in respect of loss of, or damage to, a registered inland packet in so far as the loss or damage is due to any wrongful act done or any neglect or default committed by an officer, servant or agent of the Post Office while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet; but no proceedings shall lie under this section in relation to a packet unless begun within the period of twelve months beginning with the day on which the packet was posted.
For the purposes of any proceedings under this section in relation to a packet it shall be presumed, until the contrary is shown, that loss of, or damage to, the packet was due to a wrongful act done, or neglect or default committed by, an officer, servant or agent of the Post Office while performing or purport-ting to perform such functions of his as aforesaid.
The amount recoverable in any proceedings under this section in relation to a packet shall not exceed—
the market value of the packet (excluding the market value of any message or information which it bears) at the time when the cause of action arises; or
the maximum amount available under a scheme made under section 28 of this Act for compensating the persons aggrieved having regard to the fee paid in respect of the registration of the packet.
The Post Office shall not be liable under this section in respect of a packet unless any such conditions as are required by a scheme under section 28 of this Act to be complied with in relation to registered inland packets have been complied with in the case of the packet.
No relief shall be available under this section in relation to a packet except upon a claim by the sender or the addressee of the packet; and the sender or addressee of the packet shall be entitled to claim any relief available under this section in respect of the packet, whether or not he is the person damnified by the injury complained of, and to give a good discharge in respect of all claims in respect of the packet under this section: but where the court is satisfied, upon an application by a person who is not the sender or addressee of the packet, that the sender and the addressee are unable or unwilling to enforce their remedies in respect of the packet under this section, the court may, upon such terms as to security, caution, costs, expenses and otherwise as the court thinks just, allow that other person to bring proceedings under this section in the name of the sender or the addressee of the packet.
Where, by virtue of the last foregoing subsection, a person recovers any money or property which, apart from that sub' section, would have been recoverable by some other person, the money or property so recovered shall be held on trust for that other person.
In this section—
" inland packet " means anything which is posted in the British Islands for delivery at a place in those Islands to the person to whom it is addressed ;
Sections 6, 43, 88.
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Sections 41, 88.
Cash.
Money held on current account by other bankers on behalf of the Post Office in its capacity as the provider, in exercise of the power conferred on it by virtue of section 7(1)(b) of this Act, of a banking service.
Loans repayable either on demand or not later than the expiration of the period of fourteen days beginning with the day next following that on which notice is given to the borrower requiring repayment, being loans in the case of each of which the following condition is satisfied on each day on which it is outstanding, that is to say, that it is secured on one or more of the following, namely,—
Treasury bills and bills of Her Majesty’s Government in Northern Ireland;
accepted and transferable bills of exchange payable at a fixed period after date or sight expiring before the end of the fifth anniversary of that day;
marketable fixed interest securities issued by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of that anniversary;
marketable fixed interest securities in the case of which the payment of interest thereon is guaranteed by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of that anniversary.
Loans of either of the kinds mentioned in paragraph 9 of Part II of Schedule 1 to the Trustee Investments Act 1961, being loans repayable as mentioned in the last foregoing paragraph.
Treasury bills payable not more than ninety-one days from date and bills of Her Majesty’s Government in Northern Ireland so payable.
Assets of such other class as may from time to time be designated for the purposes of this Part of this Schedule by the Post Office with the approval of the Treasury.
Cash.
Money held as mentioned in paragraph 2 above.
Loans of the class specified in paragraph 3 above.
Loans of the class specified in paragraph 4 above.
Treasury bills and bills of Her Majesty’s Government in Northern Ireland.
Assets of a class for the time being designated under paragraph 6 above.
Marketable fixed interest securities issued by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
Marketable fixed interest securities in the case of which the payment of interest thereon is guaranteed by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
Loans of either of the kinds mentioned in paragraph 9 of Part II of Schedule 1 to the Trustee Investments Act 1961, being loans made on terms that they will, without any demands’ being made, or notices’ being given, by the persons entitled to repayment, be repaid before the end of the fifth anniversary of the day on which they are made.
Securities of the kind mentioned in the said paragraph 9, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.
Assets of such other class as may from time to time be designated for the purposes of this Part of this Schedule by the Post Office with the approval of the Treasury.
Section 56.
For any reference in Schedule 5 to the Roads Act (Northern Ireland) 1948 to an authority or a local authority or to the functions of a local authority as a road authority there shall be substituted a reference to the Post Office or to the functions of the Post Office as the case may require.
For any reference in Schedules 5 and 6 to the said Act of 1948 to the Ministry within the meaning of that Act there shall be substituted a reference to the Minister.
Paragraph 2(2) of the said Schedule 5 shall be omitted. In paragraph 2(3)(c) of the said Schedule 5, after the word “served”, there shall be inserted the words “by post by means of the recorded delivery service”.
For any reference in the said Schedules to the said Act of 1948 there shall be substituted a reference to this Act.
For the purposes of a vesting order in respect of an estate in land, being an estate less than a fee simple, the said Schedule 5 shall have effect with such modifications as may be necessary to enable such an estate to be acquired by means of the vesting order and to enable compensation in respect thereof to be duly paid or discharged and (without prejudice to the generality of the foregoing provisions) shall have effect as if for the words in paragraph 5 of the said Schedule 5 from “A vesting order” to “under this Schedule” there were substituted the following words— “ A vesting order shall operate, without further assurance, to vest in the Post Office, as from the date on which the vesting order becomes operative (in this Schedule referred to as “the date of vesting”), all such estates in, to or over the land to which the order relates as are specified in the order, freed and discharged from all the estates of any other person whosoever therein except in so far as is otherwise expressly provided in the order, and the rights and claims of any such other person in respect of an estate so vested shall, as from the date of vesting be transferred and attached, to the extent to which compensation may be payable in accordance with this Schedule, to the funds of the Post Office (in this Schedule referred to as “the compensation fund”) and shall be discharged by payments made by the Post Office ”. In the said paragraph 5, for the words from “be the date” onwards there shall be substituted the words “be the date on which the vesting order becomes operative or the date of the lodgment of the vesting order with the registering authority under that Act, whichever is the later”.
In paragraph 10 of the said Schedule 5, for the words from “signed” to the end of head (b), there shall be substituted the words “signed by such person as may be designated for the purposes of this Schedule by the Post Office”.
Sections 76, 88, 139.
In this Schedule “the authority” means the authority established by section 6 of this Act.
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section 45 of the Telegraph Act 1863 (omission to transmit or deliver message ; improper divulging of message, &c.);
section 20 of the Telegraph Act 1868 (improper disclosure or interception of message); and
sections 8, 9 and 10 of the Telegraph Act 1878 (destruction of, or injury to, telegraphic lines ; obstruction of execution of works in connection with such lines ; mode of prosecution of offences under Telegraph Acts);
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The reference to the Postmaster General in section 2(1) of the Telegraph Act 1899 (payment of expenses of exercise of powers under telephone licence) to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.
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section 26 of the Electric Lighting Act 1882;
section 4 of the Electric Lighting Act 1888 and regulations made under that section ;
sections 10, 14, 60, 69 and 79 of the Schedule to the Electric Lighting (Clauses) Act 1899 and the definition of "telegraphic line " in section 1 of that Schedule ;
section 22(4) and (5) of the Electricity (Supply) Act 1919 ;
section 25(3) of the Electricity (Supply) Act 1922 ;
section 9(3) of the Electricity Act 1947 ;
regulations made, or having effect as if they had been made, under section 60 of the last-mentioned Act; and
section 28(8) of the Electricity Act 1957 ;
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As from the appointed day, references to a private generating station in section 11 of the Electricity (Supply) Act 1919 (restrictions on the establishment of new generating stations) shall be construed as including references to a generating station (within the meaning of that Act) for the generation of electricity for use wholly or mainly for the purposes of the authority’s undertaking.
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As from the appointed day, references to the Postmaster General in section 40(2) to (4) of the Electricity (Supply) Act (Northern Ireland) 1948 (saving for power of certain Ministers) shall be construed as referring to the authority.
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As from the appointed day, the reference to the Postmaster General in section 15 (savings) of the Public Health Acts Amendment Act 1890 shall be construed as referring to the authority.
As from the appointed day, the reference to Her Majesty's Postmaster General in section 132 of the Burgh Police (Scotland) Act 1892 (erection of telegraph poles, &c, in streets) shall be construed as referring to the authority.
As from the appointed day, the reference to the Postmaster General in section 4(1)(f) of the Congested Districts (Scotland) Act 1897 (guarantees for telegraph extensions, &c), shall be construed as referring to the authority.
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As from the appointed day, the reference in section 10 of the Public Health Act 1925 (Crown rights) to works or apparatus belonging to the Postmaster General shall be construed as referring to works or apparatus belonging to the authority.
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As from the appointed day, references to the Postmaster General in paragraphs 4, 5(3) and 36 of Schedule 4 to the Water (Scotland) Act 1946 (which paragraphs contain a protection for telegraphic lines from interference) shall be construed as referring to the authority. The reference in the foregoing sub-paragraph to Schedule 4 to the Water (Scotland) Act 1946 shall be construed as including a reference to that Schedule as incorporated or applied by or under any enactment in force at the beginning of the appointed day.
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As from the appointed day, the reference to the Post Office in section 12(3)(b) of the Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.
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Where any work proposed to be done on or after the appointed day by the Northern Ireland Housing Executive in pursuance of a clearance or demolition order or a re-development scheme made by them under the Housing (Northern Ireland) Order 1981 involves, or is likely to involve, an alteration in a telegraphic line belonging to, or used by, the authority, paragraphs (1) to (8) of section 7 of the Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the Northern Ireland Housing Executive. Where, in pursuance of an order under section 22 of the Housing of the Working Classes Act 1890, section 14 of the Housing Act (Northern Ireland) 1961, Article 51 of the Housing (Northern Ireland) Order 1981 or section 25 of the New Towns Act (Northern Ireland) 1965, that comes into operation on or after the appointed day, a public right of way over land is extinguished and, immediately before the day on which the order comes into operation, there is under, in, on, over, along or across the land a telegraphic line of the authority’s, the authority shall have the same powers in respect of the line as if the order had not come into operation; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required. In this paragraph “telegraphic line” and “alteration” have the same meanings as in the Telegraph Act 1878.
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As from the appointed day, section 3 of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (access to telegraphic lines, &c.) shall have effect as if for the words " Postmaster General" there were substituted the words " Post Office " and as if, in subsection (1), for the words " he " and " him " there were substituted the word " it ".
As from the appointed day, references in section 45(1) and (2) of the Opencast Coal Act 1958 (provisions as to telegraphic lines) to the Postmaster General shall be construed as referring to the authority. Section 45(3) of the said Act of 1958 shall, in relation to an order coming into force on or before the appointed day, have effect as if, for the second reference to the Postmaster General, there were substituted a reference to the authority and, in relation to an order coming into force after that day, have effect as if, for each reference to the Postmaster General, there were substituted a reference to the authority.
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“money order” means a money order issued by the Postmaster General or the Post Office and “postal order” means a postal order so issued
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As from the appointed day, the references to the Postmaster General in section 53 of the Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.
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As from the appointed day, the reference in section 1(4) of the Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.
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As from the appointed day, the Schedule to the Building Control Act 1966 (which specifies bodies in the case of which work carried out by them is exempt from control under that Act) shall have effect as if, at the end thereof, there were added a reference to the authority.
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in subsection (1), for the reference to the Postmaster General, there were substituted a reference to the authority ; and
in subsection (2), the words " except where that authority is the Postmaster General" and the words " or, where that authority is the Postmaster General, may invite him to appoint a representative so to act" were omitted.
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As from the appointed day, the authority shall be deemed to be a public utility undertaking for the purposes of section 1 of the Local Government and Roads Act (Northern Ireland) 1968.
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A universal service provider ... in connection with the provision of a universal postal service ... shall be deemed to be a statutory undertaker and his undertaking so far as relating to the provision of a universal postal service a statutory undertaking for the purposes of the following enactments, namely,— . . .. In the following enactments, namely,— “the appropriate Minister” shall, in relation to a universal service provider ... , mean the Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In the following enactments, namely,— In the application of this sub-paragraph to Scotland, for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State. In this paragraph “universal service provider” and “universal postal service” have the same meaning as in Part 3 of the Postal Services Act 2011. This paragraph shall come into operation on the appointed day.
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Nothing in— shall affect any powers of the authority under the enactments relating to telegraphs or apply to any telegraphic lines placed or maintained by the Postmaster General or the authority by virtue of those enactments. In this paragraph, “special enactment” has the same meaning as in the Highways Act 1959.
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Nothing in a local Act passed in the same Session as this Act shall authorise the doing of anything constituting an infringement of the privilege conferred by section 24(1) of this Act.
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Sections 77, 88.
In any proceedings against a person in respect of an offence under section 45 of the Telegraph Act 1863 consisting in the improper divulging of the purport of a message or communication or an offence under section 20 of the Telegraph Act 1868 it shall be a defence for him to prove that the act constituting the offence was done under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000, under section 11(9) of that Act or in pursuance of a requirement imposed by the Interception of Communications Commissioner under section 58(1) of that Act or imposed by section 68(6) of that Act or by or in accordance with any rules under section 69 of that Act.. Subsection (2) of section 58 of the Post Office Act 1953 (warrants in Northern Ireland and the Isle of Man) shall apply for the purposes of the foregoing sub-paragraph as it applies for the purposes of subsection (1) of that section.
Section 63 of the Post Office Act 1953 shall have effect as if, in subsection (6) thereof, for the words “any stamp for denoting a current rate of postage of any country outside the British postal area” , there were substituted the words “any current stamp for denoting a rate of postage of any country outside the British postal area”.
Sections 94, 114
Provision amended and Subject-matter thereof Amendment Section 2 (general power to make regulations). In subsection (1), for the words " The Postmaster General, with the consent of the Treasury, may make regulations", there shall be substituted the words " The Treasury may make regulations ", and the words " in his department" shall be omitted; and, in subsection (2), for the words " post office savings banks " and the words " the Postmaster General", there shall be substituted, respectively, the words " the National Savings Bank " and the words " the Director of Savings ". Section 4 (limit on amount of deposits). In subsection (1), the words " by the Postmaster General" shall be repealed. Section 6 (withdrawal). For the words " the authority of the Postmaster General" there shall be substituted the word " authority "; and for the words " any Post Office where deposits are received or paid ", there shall be substituted the words " any place at which deposits can be withdrawn ". Section 7 (regulations as to deposits). In subsection (1), for the words " The power of the Postmaster General with the consent of the Treasury to make regulations ", there shall be substituted the words " The power of the Treasury to make regulations "; in paragraphs (a), (b) and (e), for the words " a post office savings bank " and the words " any post office savings bank", there shall be substituted the words " the National Savings Bank "; in paragraphs (d) and (g), for the words " the Postmaster General", there shall be substituted the words " the Director of Savings " ; for paragraph (f), there shall be substituted the following paragraph:—; and, in paragraph (l), the words " the Postmaster General to treat as a depositor in a post office savings bank" shall be omitted, and, at the end of that paragraph, there shall be added the words " to be treated as a depositor "; and, in subsection (2), for the words " a post office savings bank ", there shall be substituted the words " the National Savings Bank ". Section 8 (settlement of disputes). In subsection (1), for the words " the Postmaster General", there shall be substituted the words " the Director of Savings "; in subsection (2), for the words " the Postmaster General" there shall be substituted the words " the Director of Savings "; in subsection (4), for the words " books belonging to the Postmaster General", there shall be substituted the words " books of the National Savings Bank "; and, in subsection (5), for the words " the Postmaster General", there shall be substituted the words " the Director of Savings ". Section 10 (secrecy). In subsection (1), for the words " the Postmaster General", there shall be substituted the words " the Director of Savings ". Section 11 (transfer of deposits to other savings banks). In subsection (1), the words " under this Act" shall be repealed, and for the words " the Postmaster General " there shall be substituted the words " the Director of Savings "; in subsections (4) and (5), for the words " the Postmaster General", there shall be substituted the words " the Director of Savings "; and, in subsection (6), for the words " the post office savings bank ", there shall be substituted the words " the National Savings Bank ". Section 12 (transfer of deposits from other savings banks). In subsection (1), for the words " a post office savings bank", there shall be substituted the words " the National Savings Bank "; in subsection (2), for the words " to any person authorised to receive deposits under this Act", there shall be substituted the words " at any place where the business of the National Savings Bank is transacted ", and the words " made under this Act" shall be repealed; in subsection (5), for the words " the post office savings bank", there shall be substituted the words " the National Savings Bank "; and, in subsection (6), for the words " the Postmaster General" there shall be substituted the words " the Director of Savings ". Section 13 (transfer of deposits from and to overseas savings banks). In subsection (1), for the words " the Postmaster General" there shall be substituted the words " the Director of Savings ", and for the words " the post office savings bank" (in both places where they occur) there shall be substituted the words " the National Savings Bank " : in subsection (2), the reference to an arrangement's having been made under subsection (1) shall be construed as including a reference to an arrangement's having been made under that subsection by the Postmaster General before the appointed day, and for the words " the Postmaster General may place any amount transferred in pursuance of those arrangements to the post office savings bank", there shall be substituted the words " the Director of Savings may cause any amount transferred in pursuance of the arrangement to the National Savings Bank to be placed "; and, in subsection (3), for the words " Regulations made under this Act by the Postmaster General with the consent of the Treasury ", there shall be substituted the words " Regulations made under this Act by the Treasury ". Section 14 (deposits by charitable societies, &c). In subsections (1) and (2), for the words " a post office savings bank ", there shall be substituted the words " the National Savings Bank "; in subsection (3), for the words " The Postmaster General " there shall be substituted the words " The Director of Savings ", and, for the words " a post office savings bank " there shall be substituted the words " the National Savings Bank "; and, in subsection (4), for the words " any obligation on the Postmaster General as respects his receiving any funds" there shall be substituted the words " any obligation on the National Savings Bank to receive funds ".
Provision amended and Subject-matter thereof Amendment Section 1 (investment deposits). In subsection (1), for the words " received under the Post Office Savings Bank Act 1954 (in this Act referred to as ' the principal Act') may be so " there shall be substituted the words " may be "; in subsection (2), the words " made in a post office savings bank" shall be repealed; and, in subsection (3), after the words "The following provisions of" there shall be inserted the words " the Post Office Savings Bank Act 1954, in this Act referred to as ". Section 2 (terms of investment deposits). In subsection (1), for the words " as the Postmaster General may from time to time by regulations made with the consent of the Treasury prescribe" there shall be substituted the words " as the Treasury may from time to time by regulations prescribe ", and for the words " the Postmaster General " (where secondly occurring) there shall be substituted the words " the Director of Savings "; in subsection (2), the words " the Postmaster General's" shall be omitted; and, in subsection (4), for the words " The Postmaster General " there shall be substituted the words " The Director of Savings ". Section 4 (investment by National Debt Commissioners). In subsection (1), for the words " the Postmaster General with the consent of the Treasury " there shall be substituted the words " the Treasury "; in subsection (2), for the words " the Postmaster General with the consent of the Treasury " there shall be substituted the words " the Treasury " and for the words " to the Postmaster General" there shall be substituted the words " to the Director of Savings "; and, in subsection (3), for the words " the Postmaster General" there shall be substituted the words " the Director of Savings ". Section 6 (making of deposits). For the words " the Postmaster General " there shall be substituted the words " the Treasury ".
Enactment amended and Subject-matter thereof Amendment . . . . . . Section 10 of the Savings Banks Act 1887 (issue, for specially low fee, of certificate of birth, marriage or death for purposes of Acts relating to savings banks and government annuities). For the words “Post Office Savings Banks” there shall be substituted the words “the National Savings Bank”. Section 44 of the Friendly Societies Act 1896 (investment of funds). In subsection (1)(a), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Rule 172 in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (disposal of money payable to persons under legal disability). In paragraph (f), in sub-paragraph (1), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”, and, in sub-paragraph (4), for the words “the Post Office Savings Bank” there shall be substituted the words “the Director of Savings”. Section 47A of the Administration of Estates Act 1925 (right of surviving spouse to have own life interest redeemed). In subsection (2), in rule 2, for the words “the purchase of an immediate life annuity from the National Debt Commissioners through the Post Office Savings Bank”, there shall be substituted the words “the purchase, under the Government Annuities Act 1929, of an immediate savings bank annuity”. Section 27 of the Crown Proceedings Act 1947 (attachment of moneys payable by the Crown). In subsection (1), in the proviso, in paragraph (c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Section 46 of the Crown Proceedings Act 1947 (provisions as to arrestment). In the proviso, in paragraph (c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Section 38 of the Administration of Justice Act 1956 (attachment of debts). In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Section 143 of the County Courts Act 1959 (attachment of debts). In subsection (2), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Section 17 of the Trustee Investments Act 1961 (extension to the Isle of Man and the Channel Islands of so much of section 16 as relates to the Post Office Savings Bank and to trustee savings banks). In subsection (3), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Part I of Schedule 1 to the Trustee Investments Act 1961 (narrower-range invesments not requiring advice). In paragraph 2, for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
Section 25 of the Betting and Lotteries Act (Northern Ireland) 1957 (offences in connection with lotteries). In subsection (4)(c), for the words “the Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”. Section 98 of the County Courts Act (Northern Ireland) 1959 (investment of funds in court). In subsection (2)(c), for the words “a Post Office Savings Bank” there shall be substituted the words “the National Savings Bank”.
As soon as practicable after the appointed day, the Post Office shall pay sums equal in the aggregate to the difference between the aggregate of the sums paid by the Postmaster General in pursuance of section 2 of the Post Office Act 1961 (contributions by the Postmaster General in lieu of taxes, &c.) and what is agreed between the Treasury and the Post Office to be the aggregate of the sums which, had this Act not passed, would have been paid in pursuance of that section by the Postmaster General in respect of the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day. As from the appointed day.—
If, immediately before the appointed day, any sums of money that, by virtue of section 3(1) of the Post Office Act 1961, are subject to be paid by the Postmaster General into the Exchequer of the United Kingdom (that is to say, sums received by him by way of broadcast receiving licence revenue) are in his hands, the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Minister, who shall pay them into the Consolidated Fund. As soon as practicable after the appointed day, the Minister shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid, under section 3(2) of the Post Office Act 1961, into the Post Office Fund out of moneys provided by Parliament for paying the Postmaster General for discharging his functions under the Wireless Telegraphy Acts 1949 to 1967 and the Television Act 1964, in so far as broadcasting is concerned or otherwise in relation to broadcasting and the amount determined by the Minister, with the approval of the Treasury, to be the aggregate of the sums that, had this Act not passed, would have been paid, under that section, into that fund, out of moneys so provided for that purpose in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him from the Secretary of State for the payment on his behalf of benefit (as defined by section 114(1) of the National Insurance Act 1965 or section 86(1) of the National Insurance (Industrial Injuries) Act 1965), allowances under the Family Allowances Act 1965 or allowances or benefit under the Industrial Injuries and Diseases (Old Cases) Act 1967 or received by him in respect of sales of insurance stamps (within the meaning of the first- or second-mentioned Act of 1965), the Post Office shall, on that day, assume a liability to pay equivalent sums to the Secretary of State; and if, immediately before that day, any sums of money are owed by the Secretary of State to the Postmaster General for the purpose of reimbursing him sums paid by him on behalf of the Secretary of State by way of such benefit or allowances as aforesaid, the Secretary of State shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed. As soon as practicable after the appointed day, the Secretary of State shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him, the Minister of Social Security and the Minister of Pensions and National Insurance together in pursuance of subsection (2) of section 85 of the National Insurance Act 1965 (payment of the Postmaster General for work done by him in the execution of that Act and the other enactments mentioned in that subsection) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him and those Ministers together in pursuance of that subsection to the Postmaster General in respect of" the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day. The payment falling to be made in pursuance of the last foregoing sub-paragraph shall be defrayed as follows, that is to say.— and, for the purpose of determining what part of the residue should be attributed to each respectively of the enactments so mentioned, it shall be apportioned between them in such manner as may be determined by the Secretary of State in accordance with any directions given by the Treasury.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him from the Secretary of State for the payment on his behalf of benefit (as defined by section 36(1) of the Ministry of Social Security Act 1966), the Post Office shall, on that day, assume a liability to pay equivalent sums to the Secretary of State; and if, immediately before that day, any sums of money are owed to the Postmaster General by the Secretary of State for the purpose of reimbursing him sums paid by him on behalf of the Secretary of State by way of benefit (as so defined), the Secretary of State shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed. As soon as practicable after the appointed day, the Secretary of State shall, out of" moneys provided by Parliament, pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him and the Minister of Social Security together in pursuance of subsection (3) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the Ministry of Social Security Act 1966) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him and the Minister of Social Security together in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day appointed under section 40(2)(c) of the last-mentioned Act by the Minister of Social Security and ending with the day immediately preceding the appointed day.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a county council in respect of licences issued under the Vehicles (Excise) Act 1962, the Post Office shall, on that day, assume a liability to pay equivalent sums to the council. As soon as practicable after the appointed day, the Minister of Transport shall, out of moneys provided by Parliament, pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him in pursuance of subsection (4) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the Vehicles (Excise) Act 1962) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day. In this paragraph, the expression " county council " shall be construed in like manner as if it were contained in the Vehicles (Excise) Act 1962.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a local authority in England or Wales in respect of licences for dogs or licences to deal in, or for killing, game, the Post Office shall.— If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a local authority in Scotland in respect of licences for dogs or licences for killing game, the Post Office shall pay to the authority equivalent sums, less such sum as the Minister considers to be equal to that which, had this Act not passed and the first-mentioned sums been paid by the Postmaster General to the authority on that day, would, by virtue of section 43(2) of the Local Government (Scotland) Act 1966 or of Article 4(6) of the Game Licences and Gamedealers' Licences (Scotland) Order 1967, have been deducted by him therefrom. If subsection (3) of section 35 of the Local Government Act 1966 is not in force on the appointed day, the Minister of Housing and Local Government shall, as soon as practicable thereafter, pay to the Post Office, out of moneys provided by Parliament, a sum equal to the difference between the aggregate of the sums paid by him in pursuance of subsection (5) of section 19 of the Post Office Act 1961 to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him by way of ordinary or investment deposits or for the purpose of the repayment of such deposits or the payment of interest thereon, the Post Office shall, on that day, assume a liability to pay equivalent sums to the Director of Savings. If, immediately before the appointed day, any sums of money are owed to the Postmaster General for the purpose of reimbursing him sums paid by him by way of the repayment of, or the payment of interest on, ordinary deposits, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards discharge of this liability shall be made out of ordinary deposits. If, immediately before the appointed day, any sums of money are owed to the Postmaster General for the purpose of reimbursing him sums paid by him by way of the repayment of, or the payment of interest on, investment deposits, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards discharge of this liability shall be debited to the National Savings Bank Investment Account Fund. As soon as practicable after the appointed day, the National Debt Commissioners shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by them in pursuance of subsection (6) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the Post Office Savings Bank Act 1954) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by the Commissioners in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day; and the payment of the sum falling to be paid by virtue of the foregoing provisions of this sub-paragraph shall be treated for the purposes of section 16 of the Post Office Savings Bank Act 1954 as part of the expenses incurred by the National Debt Commissioners in the execution of that Act. As soon as practicable after the appointed day, there shall be debited to the National Savings Bank Investment Account Fund and paid to the Post Office—
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him— the Post Office shall, on that day, assume a liability to pay equivalent sums to the Director of Savings. If, immediately before the appointed day, any sums of money are owed to the Postmaster General by the Treasury for the purpose of reimbursing him sums paid by him for any such purpose as is mentioned in sub-paragraph (1)(b), (c) or (d) above, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards the discharge of this liability shall be made out of the National Loans Fund with recourse to the Consolidated Fund. If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money remitted under section 5 of the National Debt Act 1958 by the Bank of England or Ireland, the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Director of Savings. In this paragraph—
If, immediately before the appointed day, any sums of money that, by virtue of section 35(2) of the Finance Act 1961, are subject to be paid into the National Loans Fund are in the hands of the Postmaster General (that is to say, sums received by him from the sale of national savings stamps or gift tokens), the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Treasury who shall pay them into that fund; and, if, immediately before that day, any sums are due under the said section 35(2) to the Postmaster General by way of reimbursing him money paid by him in respect of the exchange or encashment of national savings stamps or national savings gift tokens, the Treasury shall, on that day or as soon as practicable thereafter, pay out of that fund equivalent sums to the Post Office.
If, immediately before the appointed day, any sum is due to the Postmaster General for reimbursing him expenses incurred by him of the kind mentioned in section 12(4)(c) or 13(4) of the National Loans Act 1968, an equivalent sum shall, on that day or as soon as practicable thereafter, be paid to the Post Office out of the National Loans Fund with recourse to the Consolidated Fund. If, in any period ending with the day immediately preceding the appointed day, the Postmaster General has done without payment work for whose doing he would, but for this Act, have received payment under subsection (7) of section 16 of the National Loans Act 1968 after the beginning of that day, there shall, on that day or as soon as practicable thereafter, be paid to the Post Office out of the National Loans Fund with recourse to the Consolidated Fund such sum as may be agreed between the Treasury and the Post Office to be equal to that which, but for this Act, would have been paid under that subsection to the Postmaster General for doing that work.
If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money paid to him on contracts entered into under Part II of the Government Annuities Act 1929 or received by him from the National Debt Commissioners for the payment of moneys becoming due under contracts so entered into, the Post Office shall, on that day, assume a liability to pay equivalent sums to the National Debt Commissioners. If, immediately before the appointed day, any sums of money are owed by the National Debt Commissioners to the Postmaster General for the purpose of reimbursing him sums paid by him in satisfaction of payments due under contracts entered into under the said Part II, those Commissioners shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed; and the Treasury shall, for the purpose of enabling those Commissioners to make payments in or towards discharge of this liability, in so far as it is referable to contracts for the grant of immediate savings bank annuities, provide them with the necessary sums out of the National Loans Fund with recourse to the Consolidated Fund, and shall, for the purpose of enabling them to make payments in discharge of this liability, in so far as it is not so referable, provide them with the necessary sums out of the Consolidated Fund. As soon as practicable after the appointed day, the National Debt Commissioners shall pay to the Post Office, out of moneys provided by Parliament, a sum equal to the difference between the aggregate of the sums paid by them in pursuance of subsection (7) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of Part II of the Government Annuities Act 1929) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by the Commissioners in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day.
Where, in respect of use before the appointed day of an invention by virtue of section 46 of the Patents Act 1949, a payment has fallen to be, but has not been, made by the Postmaster General, or would, if this Act had not passed, have fallen to be made by him, that payment shall be made instead by the Post Office; and if the amount of the payment has not been agreed or determined as mentioned in subsection (3) of the said section 46 before that day, it shall, in default of agreement between the Post Office and the person to whom the payment is due, be determined in like manner as it would have been determined had this Act not passed.
Where, in respect of Use before the appointed day of a registered design by virtue of paragraph 1 of Schedule 1 to the Registered Designs Act 1949, a payment has fallen to be, but has not been, made by the Postmaster General or would, if this Act had not passed, have fallen to be made by him, that payment shall be made instead by the Post Office; and, if the amount of the payment has not been agreed or determined as mentioned in sub-paragraph (3) of the said paragraph 1 before that day, it shall, in default of agreement between the Post Office and the person to whom the payment is due, be determined in like manner as it would have been determined had this Act not passed.
If, immediately before the appointed day, any sums of money are, by virtue of section 77(4) of the Post Office Act 1953 (payment of tolls in Scotland and Northern Ireland), due to be paid by the Postmaster General, the Post Office shall, as soon as practicable after that day, pay such sums to the persons to whom they are due.
Where, under any such arrangements as are mentioned in section 41(3) of the Redundancy Payments Act 1965 (arrangements for securing payments by way of compensation for loss of employment in certain circumstances where no redundancy payment is payable) a payment— that payment shall be made instead by the Post Office. If, immediately before the appointed day, any sums of money are owed by the Secretary of State to the Post Office Fund under section 41(2) of the Redundancy Payments Act 1965 (which provides for the making of a payment by the Secretary of State out of the Redundancy Fund to certain authorities or funds in a case where he is satisfied that, in accordance with any provision of the Superannuation Act 1965 or with such arrangements as are referred to in the foregoing sub-paragraph, a payment has been or will be made in respect of the termination of employment of a person) in respect of sums paid by the Postmaster General in respect of the termination of the employment of persons remunerated out of the Post Office Fund, the Secretary of State shall, on that day or as soon as practicable thereafter, pay to the Post Office sums equivalent to those owed. In the case of a payment falling to be made by the Post Office— the said section 41(2) shall have effect in relation thereto with the substitution, for the reference to the appropriate fund or authority, of a reference to the Post Office.
If, immediately before the appointed day, any sums of money are owed by the Ministry of Health and Social Services for Northern Ireland to the Post Office Fund under section 48(2) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (which provides for the making of a payment by that Ministry out of the Northern Ireland Redundancy Fund to certain authorities or funds in a case where it is satisfied that, in accordance with such arrangements as are referred to in sub-paragraph (1) of the last foregoing paragraph, a payment has been or will be made in respect of the termination of employment of a person) in respect of sums paid by the Postmaster General in respect of the termination of the employment of persons remunerated out of the Post Office Fund, that Ministry shall, on that day or as soon as practicable thereafter, pay to the Post Office sums equivalent to those owed. In the case of a payment by the Post Office— the said section 48(2) shall have effect in relation thereto with the substitution, for the reference to the appropriate fund or authority, of a reference to the Post Office.
Any payment which, if this Act had not passed, would have fallen to be made under section 3(2) of the Selective Employment Payments Act 1966 or section 4(2) of the Selective Employment Payments Act (Northern Ireland) 1966 to the Postmaster General on or after the appointed day in respect of a contribution week for which he paid selective employment tax before that day shall be made instead to the Post Office. The difference (if any) on the appointed day between the aggregate of any expenses incurred by the Postmaster General as a designated minister within the meaning of section 3 of the Selective Employment Payments Act 1966 and the aggregate of the amounts paid, by virtue of section 11(2) of that Act, into the Post Office Fund out of moneys provided by Parliament shall, as soon as practicable after that day, be paid to the Post Office out of moneys so provided.
The Secretary of State shall, out of the moneys received by him on account of national health service contributions, set aside sums equal in the aggregate to so much of the payment falling to be made under paragraph 3(2) of this Schedule as is determined by the Treasury to be attributable to work done by the Postmaster General in the execution of section 2 of the National Health Service Contributions Act 1965, and, accordingly, section 3(3) of that Act shall have effect as if the reference therein to subsection (1) of that section included a reference to this sub-paragraph. The Secretary of State shall, out of the moneys received by him on account of redundancy fund contributions, retain sums equal in the aggregate to so much of the payment falling to be made under paragraph 3(2) of this Schedule as is determined by the Treasury to be attributable to work done by the Postmaster General in the execution of section 28 of the Redundancy Payments Act 1965, and, accordingly, section 29(5) of that Act shall have effect as if the reference therein to subsection (1) of that section included a reference to this sub-paragraph. Sums retained in pursuance of either of the foregoing sub-paragraphs by the Secretary of State shall be paid into the Consolidated Fund.
Section 137.
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Section 138.
Section 3(1) of this Act shall not affect the validity of anything done by or in relation to the Postmaster General before the appointed day, being a thing done under or by virtue of the Wireless Telegraphy Act 1949, the Television Act 1964 or the Wireless Telegraphy Act 1967; and anything which, immediately before that day, is, under or by virtue of any of those Acts, in process of being done by or in relation to him (including, in particular, any legal proceeding to which he is a party) may be continued by or in relation to the Minister. Any notice served, approval or authority given or other thing whatsoever done under or by virtue of the Wireless Telegraphy Act 1949, the Television Act 1964 or the Wireless Telegraphy Act 1967 by the Postmaster General shall, if effective at the appointed day, continue in force and have effect as if similarly served, given or done by the Minister.
Any agreement, and any provision in a document not being an agreement, shall, so far as may be necessary in consequence of the enactment of Part III of this Act, have effect as from the appointed day— Without prejudice to the foregoing sub-paragraph, any agreement to which the Crown is a party, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by it, shall, as from the appointed day, have effect, so far as may be necessary for, or in consequence of, the vesting by virtue of Part III of this Act of property, rights or liabilities in the Post Office, as if the Post Office had been a party thereto. Without prejudice to sub-paragraph (1) above, where, by the operation of the said Part III, a right or liability becomes a right or liability of the Post Office, it and all other persons shall have the same rights, powers and remedies (and, in particular, the same rights, powers and remedies as to taking or resisting legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing it as they would have had if it had at all times been the right or liability of the Post Office; and legal proceedings or applications by or against the Crown, in so far as they relate to any property, rights or liabilities vested in the Post Office by virtue of sections 16 to 20 of this Act, or to any agreement or document which has effect in accordance with the foregoing provisions of this paragraph, shall not abate by reason of the Crown’s ceasing to be interested in the subject-matter thereof but may be continued by or against the Post Office to the exclusion of the Crown. With respect to instruments and documents executed or signed before the appointed day—
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References in sections 70 and 71 of this Act to a money order issued by the Post Office shall include references to— and the reference in the said section 71 to payment by the Post Office shall include a reference to payment by the Postmaster General. References in section 70 of this Act to a postal order issued by the Post Office shall include references to a postal order issued by the Postmaster General but not paid before the appointed day. In this paragraph " the British Islands" means the United Kingdom, the Isle of Man and the Channel Islands.
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This paragraph applies to the following instruments, namely,— Nothing done, on or after the appointed day, under, and in accordance with the terms of, an instrument to which this paragraph applies, shall constitute an infringement of the privilege conferred by section 24(1) of this Act.
Any licence operating by way of exception from the exclusive privilege conferred by section 4 of the Telegraph Act 1869 on the Postmaster General which is effective at the appointed day (not being a licence under the Wireless Telegraphy Act 1949) shall, as from that day, have effect as if it had been granted under section 27(1) of this Act and— Any instrument issued in pursuance of a licence falling within the foregoing sub-paragraph, being an instrument effective at the appointed day, shall, as from that day, have effect subject to the like modifications as those provided for by heads (a) and (b) of that sub-paragraph in the case of the licence.
A notice or certificate given, request made or requirement imposed under any provision of the enactments relating to telegraphs by, to or on the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given, made or imposed by, to or on the Post Office.
An authority granted under section 5(1) of the Telegraph Act 1892 which is effective at the appointed day shall, as from that day, have effect as if it had been granted under that section as amended by paragraph 5 of Schedule 4 to this Act.
Any such council as is mentioned in the Telegraph Act 1899 which, at the beginning of the appointed day, is licensed by the Postmaster General to provide a system of public telephonic communication, shall, so long as the licence continues in force, be deemed, for the purposes of that Act, to be licensed by the Post Office so to provide.
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A notice given under section 24 of the Requisitioned Land and War Works Act 1945 by or to the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given by or to the Post Office.
No steps shall be taken for the enforcement of a building law with respect to works on land that vests in the Post Office by virtue of section 16 of this Act, being works begun before the appointed day, or with respect to works on land begun by the Post Office before the expiration of six months beginning with that day; nor shall any proceedings for the recovery of a fine or other penalty be brought against the Post Office for having carried out or retained any such works as aforesaid which do not comply with a building law. In the foregoing sub-paragraph, “building law” means any obligation or restriction as to the construction, nature or situation of works on land or as to any other circumstances of such works (including the use of the land) having effect by virtue of— and “works” includes any building, structure, excavation or other work on land. Any reference in this paragraph to non-compliance with a building law means, in relation to any works on land, that the construction, nature or situation of the works or any other circumstances thereof (including the use of the land) are such either that the works do not comply with the building law in question or that, by virtue of that law, the rejection of plans for the works is expressly required or authorised. Any reference in this paragraph to the enforcement of a building law shall be construed as a reference to securing (whether by the doing of work on land or the requiring, by injunction or otherwise, that some other person shall do work on land) that works on land not complying with the building law in question shall either be demolished or removed or be altered so as to comply therewith. In the application of this paragraph to Scotland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):— In the application of this paragraph to Northern Ireland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):—
Any regulations under section 53 of the Electoral Law Act (Northern Ireland) 1962 which are effective at the appointed day shall, as from that day, have effect as if, for references therein to the Post Office or the Postmaster General, there were substituted references to the authority established by section 6 of this Act. Any security given under any such regulations as aforesaid which is effective at the appointed day shall, as from that day, have effect as if given to the said authority.
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Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day . . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time.
Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day . . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—
except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions and to the relevant condition as to time;
in a case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General, be deemed to be granted by that authority on the appointed day subject to those conditions as so modified and to the relevant condition as to time;
in a case in which those conditions are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the relevant condition as to time.
Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day . . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—
except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions;
in the case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General (otherwise than by withdrawing the stipulation as to time), be deemed to be granted by that authority on the appointed day subject to those conditions as so modified;
in a case in which those conditions (except so far as containing the stipulation as to time) are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the condition containing that stipulation.
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The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day.
Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day.
Part XII of the Town and Country Planning (Scotland) Act 1997 shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.
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Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under section 36 of the Town and Country Planning (Scotland) Act 1997 that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,—
the date on which the permission is deemed to be granted;
a general description of the development to which the permission relates and of the land to be developed in accordance with the permission;
in a case in which the authority approves, in relation to the development to which the permission relates, anything which, by virtue of sub-paragraph (6) above, falls to be approved by it, the date on which it does so;
in a case in which, in consequence of the operation of that sub-paragraph, an appeal as to any matter relating to the development to which the permission relates is entertained by the Secretary of State or an application is referred to him, the date on which the appeal or reference is disposed of, and the decision on the appeal or reference.
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In this paragraph,—
“development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have for the purposes of the Town and Country Planning Act 1990 and, in the application of this paragraph to Scotland, the same meanings as in the Town and Country Planning (Scotland) Act 1997.
“the relevant condition as to time”—
except in a case in which planning permission is, by virtue of sub-paragraph (6) above, deemed to be granted subject to a condition that application for the approval of matters must be made not later than the expiration of three years beginning with the appointed day, means a condition that the development to which the permission relates must be begun not later than the expiration of five years beginning with that day;
in the said excepted case, means a condition that the development must be begun not later than whichever is the later of the following dates, namely, the expiration of five years from the appointed day and the expiration of two years from the final approval of matters which are the subject of the condition subject to which planning permission is, by virtue of that sub-paragraph, deemed to be granted (or, in the case of approval on different dates, the final approval of the last such matter to be approved);
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For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out.
Sections 91 and 92 of the Town and Country Planning Act 1990 and sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997 (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.
Subsections (2) and (4) of section 60 of the Town and Country Planning (Scotland) Act 1997 (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of sections 58 and 59 of that Act, of a reference to planning permission deemed, by virtue of this paragraph, to be granted.
For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.
This paragraph does not extend to Northern Ireland.
In relation to an agreement which, on the appointed day, becomes subject to registration under Part I of the Restrictive Trade Practices Act 1956 by reason of its having effect as from that day as if the Post Office had been a party thereto, section 10 of that Act (particulars to be furnished for registration) and section 7 of the Restrictive Trade Practices Act 1968 (consequences of failure to register) shall have effect with the substitution, for references to the time within which particulars are required to be furnished under section 6 of the last-mentioned Act (time for registration of agreements), of references to the period of three months beginning with that day and the said section 6 shall not apply.
An order under paragraph 8 of Schedule 1 to the Solicitors Act 1957 which is effective at the appointed day shall, as from that day, have effect as if, for any reference therein to the Postmaster General, there were substituted a reference to the Post Office.
A notice given under section 5(4) of the Milford Haven Conservancy Act 1958 by the Milford Haven Conservancy Board to the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given to the Post Office.
A notice given under section 3 of the Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 by the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given by the Post Office; and any proceedings for the settlement of a dispute under that section in progress immediately before the appointed day, being proceedings to which the Postmaster General is a party, may be continued with the substitution of the Post Office for the Postmaster General.
Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time. Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall— Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall— Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and— planning permission for the development shall be deemed to be granted by the authority on the appointed day subject to the relevant condition as to time. The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day. Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day. Part XII of the Town and Country Planning Act 1990 shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under section 69 of the Town and Country Planning Act 1990 that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this paragraph,— For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out. Sections 91 and 92 of the Town and Country Planning Act 1990 and sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997 (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted. Subsections (2) and (4) of section 93 of the Town and Country Planning Act 1990 (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of sections 91 and 92 of that Act of 1990, of a reference to planning permission deemed, by virtue of this paragraph, to be granted. For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted. This paragraph does not extend to Northern Ireland.
Notwithstanding section 245 of the Town and Country Planning (Scotland) Act 1997 or section 296 of the Town and Country Planning Act 1990 (exercise of powers in relation to Crown land), planning permission for the development by the Post Office of land which is Crown land within the meaning of that section by reason only of the subsistence therein of an interest of the Postmaster General may be granted under either Act in pursuance of an application therefor made by the Post Office before the appointed day, and section 35 of the Act of 1997 and sections 66 and 67 of the said Act of 1990 (certificates required to accompany application) shall not apply to an application that may be granted by virtue of this sub-paragraph or to an appeal from a decision to refuse to grant planning permission in pursuance of such an application or to grant it subject to conditions. Any approval required under a development order (within the meaning of the said Act of 1997 or of the said Act of 1990) in relation to development of such land as is mentioned in the foregoing sub-paragraph, being development proposed to be carried out by the Post Office, may be granted in pursuance of an application therefor made by the Post Office before the appointed day.
No enforcement notice shall be served by virtue of paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions)(Scotland) Act 1997) or under paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990) in respect of works carried out on land that vests in the Post Office by virtue of section 16 of this Act or in respect of use of land that so vests; and no enforcement notice shall be served under section 172 of the Town and Country Planning Act 1990 or section 127 of the Town and Country Planning (Scotland) Act 1997 in respect of development carried out before the appointed day on land that so vests.
Neither an interim development authority, nor, where the Department of Development for Northern Ireland is exercising any of the functions of such an authority, that Department, shall take any action under section 4 of the Planning (Interim Development) Act (Northern Ireland) 1944 (enforcement of interim development control) in respect of any development carried out before the appointed day in or on land that vests in the Post Office by virtue of section 16 of this Act.
A licensing authority to whom an application is made before the appointed day by the Post Office for an A licence or for a B licence shall not refuse the application if it is accompanied by a certificate of the Postmaster General certifying that the vehicles proposed to be used under the licence are in use by him. Section 168(2) of the Road Traffic Act 1960 (which authorises a licensing authority to attach conditions to a B licence) shall not apply to a B licence granted in pursuance of an application which, by virtue of the foregoing sub-paragraph, the authority is bound to grant, but it shall be a condition of the licence that no vehicle which is for the time being an authorised vehicle shall be used for the carriage for hire or reward of goods other than— and accordingly, in relation to a B licence so granted, section 166(3) of that Act (which specifies the purposes for which a B licence entitles the holder thereof to use the authorised vehicles) shall have effect with the substitution, for paragraph (b), of the following paragraph, namely.— . This paragraph shall be construed as one with Part IV of the Road Traffic Act 1960.
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Notwithstanding paragraph 82 of Schedule 4 to this Act, the Ministry of Commerce for Northern Ireland may, if the Parliament of Northern Ireland makes provision for the defrayal out of moneys provided by that Parliament of any expenses which may be incurred by that Ministry under this paragraph, make to the Post Office in respect of an asset provided by the Postmaster General for the purposes of his business a grant of the like amount as it might have made to him under section 1, 2 or 5 of the Industrial Investment (General Assistance) Act (Northern Ireland) 1966 if this Act had not passed. For the purposes of the foregoing sub-paragraph, an asset shall not be deemed not to have been provided as therein mentioned by reason of the fact that it is delivered to the Post Office on or after the appointed day and is so delivered in fulfilment of a contract entered into before that day by the Postmaster General. Sections 10 and 11 of the Industrial Investment (General Assistance) Act (Northern Ireland) 1966 (conditions and fraudulent applications) shall have effect as if references therein to that Act included references to sub-paragraph (1) above.
Where an interest of the Postmaster General in land vests in the Post Office by virtue of section 16 of this Act and, at a time when the interest was vested in the Postmaster General, the land fell within any of such descriptions of land as, for the purposes of section 84 of the Land Commission Act 1967, were agreed between him and the Treasury as being at that time descriptions of land which, in relation to functions of his, corresponded as nearly as may be to the descriptions of land which were operational land in relation to statutory undertakers, then, for the purposes of section 58 of that Act, the land shall be treated as if, at that time, it had been operational land of the Post Office.
Where— and a sum is certified by the Treasury to be the sum agreed between them and the Postmaster General or between them and the Post Office as the amount which is to be treated as subsisting or having subsisted on the appointed day in respect of the act or event by way of credit under the said Schedule 11, then paragraph 6 and Parts II and III of the said Schedule 11 shall have effect as if a credit of that amount were taken to have arisen from a previous chargeable act or event falling within such of the cases distinguished as Cases A to F in the Table in section 27(2) of the Land Commission Act 1967 as is certified by the Treasury as being the Case within which the act or event falls. For the purposes of the said Schedule 11 as it has effect in any case by virtue of the foregoing sub-paragraph the original chargeable interest and the original chargeable unit shall respectively be the interest in land, and the land, designated in that behalf by the Treasury, and the original chargeable owner shall be taken to be the Post Office. Sub-paragraph (1) above shall have effect in relation to an act or event falling within Case F as it does in relation to one falling within Case E, with the modifications that for the reference to paragraph 3 of Schedule 11 there shall be substituted a reference to any provision of regulations made under paragraph 15 of that Schedule providing for a credit's being taken to have arisen from an act or event falling within Case F, and for the reference to paragraph 6 and Parts II and III of the said Schedule 11, there shall be substituted a reference to that paragraph and those Parts as they have effect by virtue of the said paragraph 15. In sub-paragraph (1) above, " relevant land " means land in the case of which an interest therein vests in the Post Office by virtue of section 16 of this Act or land (other than as aforesaid) in which the Post Office acquires, after the appointed day, an interest, being an interest in the case of which the Postmaster General was immediately before the appointed day under an enforceable contract to purchase it or had before that day served (and had not before that day withdrawn) a notice to treat for the compulsory purchase thereof, or a tenancy which on that day the Postmaster General was under an enforceable contract to take and " Case C," " Case E" and " Case F " have the same meanings respectively as in Part III of the Land Commission Act 1967.
Where work begun before the passing of this Act, or between the passing of this Act and the appointed day, constitutes development for which planning permission is, by virtue of paragraph 27 of this Schedule, deemed to be granted on that day, then, notwithstanding that the work was so begun it shall, for the purposes of paragraph 21(7) of Schedule 4 to the Land Commission Act 1967 and of paragraph 7(2) of Schedule 6 to that Act be treated as if planning permission for its carrying out had been granted before it was begun. Where work falling within the foregoing sub-paragraph constitutes the carrying out of a project of material development of relevant land, other than one which is relevant for the purposes of paragraph 21 of Schedule 4 to the Land Commission Act 1967, and is uncompleted at the date which, for the purposes of that paragraph, is the relevant date in relation to the carrying out of a project of material development of that land which is relevant for those purposes, then, notwithstanding anything in sub-paragraph (6) of that paragraph, in calculating the rent referred to in paragraph 16 of that Schedule, account shall be taken of the planning permission deemed to have been granted in respect of the development constituted by the work in so far as it authorises the carrying out of the first-mentioned project. Where work falling within sub-paragraph (1) above constitutes a project of material development of relevant land, then, notwithstanding anything in sub-paragraph (1) of paragraph 7 of Schedule 6 to the Land Commission Act 1967 (but subject to paragraph 8 of that Schedule where that paragraph applies), in calculating any such value as is referred to in paragraph 6 of that Schedule account shall, if the project was begun before, but remained uncompleted at, the relevant date, be taken of the planning permission deemed to have been granted in respect of the development constituted by the work in so far as it relates to the land comprised in that project; and for that purpose sub-paragraph (3) of paragraph 7 shall apply as it applies where account of planning permission is taken by virtue of sub-paragraph (2) thereof. In this paragraph, " project of material development" has the same meaning as it has for the purposes of Part III of the Land Commission Act 1967.
If, in the case of a hereditament vested in the Post Office by virtue of section 16 of this Act, there is, in compliance with section 37(1) of the General Rate Act 1967, entered in the valuation list immediately before the appointed day, as representing the rateable value of the hereditament, the value upon which is computed any contribution made by the Crown in lieu of rates, then there shall be ascribed in that list to the hereditament under section 19 of that Act a net annual value equal to the value so entered. Where alterations fall to be made in a valuation list in consequence of the foregoing sub-paragraph, the valuation officer shall cause those alterations to be made therein without any proposal under section 69 of the General Rate Act 1967, and section 87 of that Act (duty of rating authority to give effect to directions as to alteration of a valuation list) shall have effect in relation to this paragraph as it does in relation to any provision of that Act. No proposal shall be made under section 69 of the General Rate Act 1967 for an alteration of the rateable value ascribed by virtue of this paragraph in a list to— Expressions used in this paragraph and in the General Rate Act 1967 have the same meaning in this paragraph as in that Act; and the expression " the underground railway " means the railway constructed, and the works executed, by the Postmaster General in exercise of the powers conferred by the Post Office (London) Railway Act 1913, and the railway constructed, and the works associated therewith executed, by him in exercise of the powers conferred by the Post Office (Site and Railway) Act 1954. This paragraph extends to England and Wales only.
If, in the case of lands and heritages vested in the Post Office by virtue of section 16 of this Act, there is entered in the valuation roll immediately before the appointed day, as representing the rateable value of the lands and heritages, the value upon which is computed any contribution made'by the Crown in lieu of rates, then the rateable value of the lands and heritages on the appointed day shall be taken to be the value so entered in the valuation roll. The rateable values of lands and heritages described in section 53(1) of this Act shall remain unaltered until an apportionment as mentioned in section 53(2) of this Act is made, and the rate to be levied by a county council on the rateable value entered in the valuation roll in respect of such lands and heritages shall be the mean of the county rate and the highest aggregate rate levied in the separately rated areas of the landward area of the county. In this paragraph " county rate " has the same meaning as in section 224(1) of the Local Government (Scotland) Act 1947 and other expressions have the same meanings as in the Local Government (Scotland) Act 1966. This paragraph extends to Scotland only.
If, in the case of a hereditament vested in the Post Office by virtue of section 16 of this Act, there is entered in the valuation lists immediately before the appointed day, as representing the net annual value of the hereditament, the amount upon which is computed any contribution made by the Crown in lieu of rates, then the net annual value of the hereditament on the appointed day shall be taken to be the amount so entered in the valuation lists. A hereditament vested in the Post Office by virtue of section 16 of this Act which, immediately before the appointed day, was, under section 2 of the Valuation (Ireland) Act 1854, distinguished as exempt from rates shall, as from that day, be deemed not to be so distinguished. The Commissioner of Valuation for Northern Ireland shall not, during the period beginning with the appointed day and ending with the 31st March next following, make any interim revision of the net annual value of any hereditament (other than any such hereditament as is mentioned in section 54(1) of this Act) vested in the Post Office by virtue of section 16 of this Act unless during that period the Post Office ceases to occupy the hereditament or there is a change in the use of the hereditament by the Post Office. In this paragraph " interim revision " means a revision under section 13 of the Local Government (Finance) Act (Northern Ireland) 1936 or section 4 of the Valuation Acts Amendment Act (Northern Ireland) 1953. This paragraph extends to Northern Ireland only.
If an order made by virtue of section 67 of the Town and Country Planning Act 1962 or section 29 of the Town and Country Planning Act 1968 for the acquisition by the Postmaster General of any land or rights is effective at the appointed day, proceedings for the acquisition may be continued by the Post Office as if section 55 of this Act had been in force when the order became operative, the order were one made by virtue of that section and confirmed by the Minister, and anything done by or to the Postmaster General after the order became operative had been done by or to the Post Office. If, at the appointed day, the provisions compliance with which is, by virtue of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946, requisite in order for an order prepared in draft by a Minister to be made by him, are in course of being complied with with reference to an order prepared in draft by virtue of the said section 67 or the said section 29 for the acquisition by the Postmaster General of any land or rights, then, upon compliance with those provisions being completed, the order may (with any adaptations rendered requisite in consequence of the provisions of this paragraph) be made by the Minister and shall take effect as if it were an order made by the Post Office by virtue of section 55 of this Act and confirmed by him, being an order that authorised the acquisition by the Post Office of that land or, as the case may be, those rights. In the application of this paragraph to Scotland, for references to the Acquisition of Land (Authorisation Procedure) Act 1946 there shall be substituted references to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and for references to section 67 of the Town and Country Planning Act 1962 and to section 29 of the Town and Country Planning Act 1968 there shall be substituted respectively references to section 34 of the Town and Country Planning (Scotland) Act 1947 and to section 30 of the Town and Country Planning (Scotland) Act 1969.
An application by the Post Office made before the appointed day for an operator's licence under Part V of the Transport Act 1968 shall, if accompanied by a certificate of the Postmaster General certifying that the vehicles proposed to be used under the licence are in use by him, be treated for the purposes of section 94(1) of that Act as an application made by the holder of a carrier's licence in respect of the vehicles.
The Postmaster General shall be under obligation to provide the Post Office with such money as it requires during the period beginning with the day on which this Act is passed and ending with the day immediately preceding the appointed day; and payments in discharge of this obligation shall be made out of the Post Office Fund. The power conferred by section 9 of the Post Office Act 1961 on the Treasury to make, out of the National Loans Fund, advances to the Postmaster General shall include power to make, out of that fund, advances to him for the purpose of enabling him to discharge the obligation imposed on him by the foregoing sub-paragraph.
All expenses incurred by the Post Office before the appointed day shall, for the purposes of its accounts, be treated as expenses incurred in the first accounting year; and all sums received by the Post Office before that day shall be treated for those purposes as receipts attributable to that year.
section 107(1) of the National Insurance Act 1965 and section 4(8)(a) of the Industrial Injuries and Diseases (Old Cases) Act 1967 (which provide that certain orders, regulations and schemes shall not be made unless a draft thereof has been laid before Parliament and approved by resolution of each House);
section 108 of the said Act of 1965 (which requires a preliminary draft of any regulations under that Act to be submitted to the National Insurance Advisory Committee); and
section 62(2) of the National Insurance (Industrial Injuries) Act 1965 (which requires any proposal to make regulations under that Act to be referred to the Industrial Injuries Advisory Council for consideration and advice);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An indemnity given under section 13 of the National Debt Act 1958 to the Postmaster General shall, if effective at the appointed day, have effect, as from that day, as if given to the Director of Savings.
Any reference to the Postmaster General in a prospectus issued with respect to securities issued under the National Loans Act 1939 or the National Loans Act 1968 shall, as from the appointed day, be construed as referring to the Director of Savings.
Where the Crown retains possession of any documents of title to any land any part of which is vested by virtue of section 16 of this Act in the Post Office, the Minister shall be assumed to have given to the Post Office an acknowledgment in writing of the right of the Post Office to production of those documents and to delivery of copies thereof, and, so far as relates to land in England or Wales, section 64 of the Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section and, so far as relates to land in Northern Ireland, section 9 of the Conveyancing Act 1881 shall have similar effect.
Any legal proceedings or applications pending on the appointed day by or against the Crown, being proceedings or applications instituted or made by or against the Postmaster General or his department (but not being proceedings in the case of which express provision is made by some other provision of this Act with respect to the continuance thereof) may be continued by or against the appropriate government department authorised for the purposes of the Crown Proceedings Act 1947.
Section 138.
For the purposes of so much of section 32(1) of the Patents Act 1949 as provides that a patent may be revoked on the grounds that the invention, so far as claimed in any claim of the complete specification, was secretly used in the United Kingdom before the priority date of that claim, no account shall be taken of any use, on or after the appointed day, of the invention by the Post Office or a person authorised by it, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly,—
before the appointed day, to a government department or person authorised by a government department; or
on or after the appointed day, in pursuance of an agreement in the case of which rights and liabilities thereunder vest in the Post Office by virtue of sections 16 to 18 of this Act, to the Post Office or a person authorised by it.
For the purpose of fulfilling obligations imposed on it by virtue of this paragraph, the Post Office shall, on and after the appointed day, have power to confer such an authority as is mentioned in head (ii) of the foregoing sub-paragraph. Nothing in the Patents Act 1949 shall be taken to prevent the use by the Post Office, for a purpose referable to its functions, of any articles made and supplied to it in the exercise of an authority continued in force by, or conferred by virtue of, this paragraph.
Where, by an agreement in force immediately before the appointed day and made in pursuance of subsection (3) of section 46 of the Patents Act 1949, terms are agreed upon which use of an invention may be made by virtue of that section for the manufacture of articles by the department of the Postmaster General, or the manufacture and supply to that department of articles by a person authorised by it,—
the agreement shall (so far as it relates to the use of the invention by, or with the authority of, that department) have effect as from the appointed day as if, for any reference to use by virtue of that section, whether or not it is expressed to be for any purpose referable to functions of the Postmaster General, there were substituted a reference to use by virtue of this paragraph for any purpose referable to functions of the Post Office corresponding to a purpose referable to functions of the Postmaster General, being a purpose in the case of which use of the invention therefor fell within the agreement, and the rights and liabilities of the Postmaster General subsisting immediately before the appointed day under the agreement shall, on that day, vest in the Post Office by virtue of this paragraph, and paragraph 2 of Schedule 9 to this Act shall apply as it does where rights and liabilities so vest by virtue of sections 16 to 18 of this Act;
the Post Office shall have power to use the invention for the manufacture of articles on the terms of the agreement as it has effect by virtue of this paragraph, and any person authorised by the Post Office in writing shall have power to use the invention for manufacture and supply to the Post Office on such terms, and the Post Office shall, accordingly, have power to use, for purposes referable to its functions, articles so manufactured by, or supplied to, it.
If an obligation of the department of the Postmaster General incurred under section 46(5) of the Patents Act 1949 to give a notification or furnish information to a person has not been fulfilled before the appointed day, the Post Office shall, on that day, become under obligation to give the notification or furnish the information to that person; and the Post Office shall, on and after that day, be under obligation to furnish to any person who requires it such other information as to the extent of use before that day of an invention as that department could have been required under the said section 46(5) to furnish to that person if this Act had not passed. Subject to sub-paragraph (4) below, where, on or after the appointed day, use of an invention is begun under an authority continued in force by, or conferred by virtue of, paragraph 2 of this Schedule, the Post Office shall notify the patentee as soon as practicable after the use is begun. Subject as aforesaid, the Post Office shall furnish the patentee with such information as he may from time to time require as to the extent of use, if any, of the invention after the beginning of the appointed day under such an authority as is mentioned in the last foregoing sub-paragraph or by virtue of paragraph 3 of this Schedule. Nothing in the foregoing provisions of this paragraph shall impose on the Post Office an obligation to give notification or furnish information if the Minister notifies it that it is contrary to the public interest to do so.
Where, in the case of an invention, an authority for its use is continued in force by, or is conferred by virtue of, paragraph 2 of this Schedule, then—
if and so far as the invention has, before the priority date of the relevant claim of the complete specification, been duly recorded by or tried by or on behalf of a government department otherwise than in consequence of the communication thereof, directly or indirectly, by the patentee or a person from whom he derives title, any use of the invention by virtue of the said paragraph 2 may be made free of any royalty or other payment to the patentee;
if and so far as the invention has not been so recorded or tried as aforesaid, any use of the invention by virtue of the said paragraph 2 at any time after the acceptance of the complete specification in respect of the patent or in consequence of any such communication as aforesaid, shall—
except where an agreement as to terms for the use of the invention was made before the appointed day under section 46(3) of the Patents Act 1949 or a determination as to those terms was made by the court under section 48 of that Act, be made upon such terms as may be agreed upon, either before or after the use, between the Post Office and the patentee, or as may, in default of such an agreement, be determined by the court on a reference under paragraph 9 of this Schedule;
in the said excepted case, be made upon the terms of the said agreement or determination.
The authority of the Post Office in respect of an invention may be given under paragraph 2 or 3 of this Schedule either before or after the patent is granted and either before or after the acts in respect of which the authority is given are done, but not so as to authorise the doing before the appointed day of any act; and such authority may be given to any person whether or not he is authorised, directly or indirectly, by the patentee to make, use, exercise or vend the invention.
The Post Office shall have power to use, for a purpose referable to its functions, any article vested in it and made before the appointed day, in the exercise of the powers conferred by section 46 of the Patents Act 1949, by a government department, or a person authorised by a government department. In the case of articles described in the foregoing sub-paragraph, and articles vested in the Post Office and made on or after the appointed day under an authority continued in force by, or conferred by virtue of, paragraph 2 of this Schedule, the Post Office, if the circumstances are such that their supply to the government of a country outside the United Kingdom is, by virtue of section 46(6) of the Patents Act 1949 included among the services of the Crown, shall have power to sell them to that government, and if the circumstances are such that their supply to the United Nations is, by virtue of that section, so included, shall have power to sell them to that organisation. In the case of articles mentioned in the last foregoing sub-paragraph and articles vested in the Post Office and made on or after the appointed day by virtue of paragraph 3 of this Schedule, the Post Office shall have power to sell to any person such, if any, of them as are not required for a purpose referable to functions of the Post Office. The purchaser of any articles sold in the exercise of powers conferred by this paragraph, and any person claiming through him, shall have power to deal with them in the same manner as if the patent were held by or on behalf of the Post Office.
Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the invention is in force under the patent, then,— Subject to the provisions of the last foregoing sub-paragraph, where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention, then— Where, under paragraph 5 of this Schedule or such an agreement as is referred to in paragraph 3 thereof, payments are required to be made by the Post Office to a patentee in respect of any use of an invention, any person, being the holder of an exclusive licence under the patent (not being such a licence as is mentioned in sub-paragraph (2) of this paragraph) authorising him to make that use of the invention, shall— and if that person, at any time before the amount of any such payment has been settled, gives to the Post Office notice in writing of his interest, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent; and, for the purposes of this sub-paragraph, a notice given before the appointed day to the department of the Postmaster General in pursuance of section 47(4) of the Patents Act 1949 shall have effect as if it had been given to the Post Office. Where any models, documents or information relating to an invention are used in connection with any such use of the invention as is described in sub-paragraph (1) above, paragraph 5 of this Schedule shall, whether or not it applies to the use of the invention, apply to the use of the models, documents or information as if, for the reference therein to the patentee, there were substituted a reference to the person entitled to the benefit of any provision of a licence, assignment or agreement which is rendered inoperative by the said sub-paragraph (1) in relation to that use. Nothing in this paragraph shall be construed as authorising the disclosure to the Post Office or any other person of any model, document or information to the use of which this paragraph applies in contravention of any such licence, assignment or agreement as aforesaid.
Any dispute as to the exercise by the Post Office or a person authorised by it of powers subsisting by virtue of the foregoing provisions of this Schedule, or as to terms for use thereunder of an invention or any models, documents or information relating to an invention, or as to the right of any person to receive any part of a payment made in pursuance of paragraph 5 of this Schedule or any such agreement as is referred to in paragraph 3 thereof may be referred to the court by either party to the dispute in such manner as is prescribed by the rules for the time being in force for the purposes of section 48(1) of the Patents Act 1949. Subsections (2) to (5) of section 48 of the Patents Act 1949 shall have effect in relation to proceedings under the foregoing sub-paragraph and disputes that may be determined thereunder as they do in relation to proceedings and disputes that may be determined under subsection (1) of the said section 48, but subject to the modifications that— Any proceedings under the said section 48 which are in progress immediately before the appointed day, being proceedings to which the department of the Postmaster General is a party, may be continued with the substitution of the Post Office for that department; but in relation to such proceedings, subsection (3) of the said section 48 shall have effect with the substitution, for the reference to the opinion of a government department, of a reference to the opinion of the Minister stated in a certificate signed by him.
Where, in pursuance of an agreement made before the appointed day in relation to an invention claimed under a complete specification, between the department of the Postmaster General and the applicant for the patent, or any person from whom he derives title, being an agreement to which the Post Office has become a party by virtue of this Act, communication of the invention is made to the Post Office or a person authorised by it to investigate the invention or its merits, the invention shall not be deemed to have been anticipated by reason only of that communication or of anything done in consequence thereof for the purposes of the investigation. An authorisation to investigate an invention given under subsection (1) of section 51 of the Patents Act 1949 by the department of the Postmaster General and in force immediately before the appointed day shall remain in force on and after that day as if given by the Post Office and, in relation to that invention, the said subsection (1) shall have effect as if references to a government department included references to the Post Office.
Expressions to which meanings are assigned by the Patents Act 1949 for the purposes of that Act have those meanings also for the purposes of this Part of this Schedule.
For the purpose of fulfilling obligations imposed on it by virtue of this paragraph, the Post Office shall, on and after the appointed day, have power to confer such an authority as is mentioned in head (ii) of the foregoing sub-paragraph.
Where, by an agreement in force immediately before the appointed day and made in pursuance of sub-paragraph (3) of paragraph 1 of Schedule 1 to the Registered Designs Act 1949, terms are agreed upon which use of a design may be made by virtue of that paragraph for the manufacture of articles by the department of the Postmaster General, or the manufacture and supply to that department of articles by a person authorised by it,—
the agreement shall (so far as it relates to the use of the design by, or with the authority of, that department) have effect as from the appointed day as if, for any reference to use by virtue of that paragraph, whether or not it is expressed to be for any purpose referable to functions of the Postmaster General, there were substituted a reference to use by virtue of this paragraph for any purpose referable to functions of the Post Office corresponding to a purpose referable to functions of the Postmaster General, being a purpose in the case of which use of the design therefor fell within the agreement, and the rights and liabilities of the Postmaster General subsisting immediately before the appointed day under the agreement shall on that day vest in the Post Office by virtue of this paragraph, and paragraph 2 of Schedule 9 to this Act shall apply as it does where rights and liabilities so vest by virtue of sections 16 to 18 of this Act;
the Post Office shall have power to use the design for the manufacture of articles on the terms of the agreement as it has effect by virtue of this paragraph, and any person authorised by the Post Office in writing shall have power to use the design for manufacture and supply to the Post Office on such terms.
If an obligation of the department of the Postmaster General , incurred under paragraph 1(5) of Schedule 1 to the Registered Designs Act 1949 to give a notification or furnish information to a person has not been fulfilled before the appointed day, the Post Office shall, on that day, become under obligation to give the notification or furnish the information to that person; and the Post Office shall, on and after that day, be under obligation to furnish to any person who requires it such other information as to the extent of use before that day of a registered design as that department could have been required under this said paragraph 1(5) to furnish to that person if this Act had not passed. Subject to sub-paragraph (4) below, where, on or after the appointed day, use of a registered design is begun under an authority continued in force by, or conferred by virtue of, paragraph 12 of this Schedule the Post Office shall notify the registered proprietor as soon as practicable after the use is begun. Subject as aforesaid, the Post Office shall furnish the registered proprietor with such information as he may from time to time require as to the extent of use, if any, of the registered design after the beginning of the appointed day under such an authority as is mentioned in the last foregoing sub-paragraph or by virtue of paragraph 13 of this Schedule. Nothing in the foregoing provisions of this paragraph shall impose on the Post Office an obligation to give notification or furnish information if the Minister notifies it that it is contrary to the public interest to do so.
Where, in the case of a design, an authority for its use is continued in force by, or is conferred by virtue of, paragraph 12 of this Schedule, then—
if and so far as the design has, before the date of registration thereof, been duly recorded by or applied by or on behalf of a government department otherwise then in consequence of the communication of the design, directly or indirectly, by the registered proprietor or a person from whom he derives title, any use of the design by virtue of the said paragraph 12 may be made free of any royalty or other payment to the registered proprietor;
if and so far as the design has not been so recorded or applied as aforesaid, any use of the design by virtue of the said paragraph 12 at any time after the date of registration thereof or in consequence of any such communication as aforesaid, shall—
except in a case where an agreement as to terms for the use of the design was made before the appointed day under paragraph 1(3) of Schedule 1 to the Registered Designs Act 1949 or a determination as to those terms was made by the court under paragraph 3 of that Schedule, be made upon such terms as may be agreed upon, either before or after the use, between the Post Office and the registered proprietor or as may, in default of such an agreement, be determined by the court on a reference under paragraph 19 of this Schedule;
in the said excepted case, be made upon the terms of the said agreement or determination.
The authority of the Post Office in respect of a design may be given under paragraph 12 or 13 of this Schedule either before or after the design is registered and either before or after the acts in respect of which the authority is given are done, but not so as to authorise the doing before the appointed day of any act; and such authority may be given to any person whether or not he is authorised, directly or indirectly, by the registered proprietor to use the design.
In the case of articles vested in the Post Office and made before the appointed day, in the exercise of the powers conferred by paragraph 1 of Schedule 1 to the Registered Designs Act 1949, and articles so vested and made on or after the appointed day under an authority continued in force by, or conferred by virtue of, paragraph 12 of this Schedule, the Post Office, if the circumstances are such that their supply to the government of a country outside the United Kingdom is, by virtue of paragraph 1(6) of the said Schedule 1 included among the services of the Crown, shall have power to sell them to that government, and if the circumstances are such that their supply to the United Nations is, by virtue of that paragraph, so included, shall have power to sell them to that organisation. In the case of articles mentioned in the last foregoing sub-paragraph and articles vested in the Post Office and made on or after the appointed day by virtue of paragraph 13 of this Schedule, the Post Office shall have power to sell to any person such, if any, of them as are not required for a purpose referable to functions of the Post Office. The purchaser of any articles sold in the exercise of powers conferred by this paragraph, and any person claiming through him, shall have power to deal with them in the same manner as if the rights in the registered design were held by or on behalf of the Post Office.
Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the design is in force under the registered design, then— Subject to the provisions of the last foregoing sub-paragraph, where the registered design or the right to apply for or obtain registration of the design has been assigned to the registered proprietor in consideration of royalties or other benefits determined by reference to the use of the design, then— Where, under paragraph 15 of this Schedule or such an agreement as is referred to in paragraph 13 thereof, payments are required to be made by the Post Office to a registered proprietor in respect of any use of a design, any person, being the holder of an exclusive licence under the registered design (not being such a licence as is mentioned in sub-paragraph (2) of this paragraph) authorising him to make that use of the design, shall— and if, at any time before the amount of any such payment has been settled, that person gives to the Post Office notice in writing of his interest, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent; and for the purposes of this sub-paragraph, a notice given before the appointed day to the department of the Postmaster General in pursuance of paragraph 2(4) of the said Schedule 1 shall have effect as if it had been given to the Post Office. Where any models, documents or information relating to a registered design are used in connection with any such use of the design as is described in sub-paragraph (1) above, paragraph 15 of this Schedule shall, whether or not it applies to the use of the design, apply to the use of the models, documents or information as if, for the reference therein to the registered proprietor, there were substituted a reference to the person entitled to the benefit of any provision of a licence, assignment or agreement which is rendered inoperative by the said sub-paragraph (1) in relation to that use. Nothing in this paragraph shall be construed as authorising the disclosure to the Post Office or any other person of any model, document or information to the use of which this paragraph applies in contravention of any such licence, assignment or agreement as aforesaid.
Any dispute as to the exercise by the Post Office or a person authorised by it of powers subsisting by virtue of this Part of this Schedule, or as to terms for use thereunder of a design, or any models, documents or information relating to a design, or as to the right of any person to receive any part of a payment made in pursuance of paragraph 15 of this Schedule or any such agreement as is referred to in paragraph 13 thereof may be referred to the court by either party to the dispute in such manner as is prescribed by the rules for the time being in force for the purposes of paragraph 3(1) of Schedule 1 to the Registered Designs Act 1949. Sub-paragraphs (2) to (5) of paragraph 3 of the said Schedule 1 shall have effect in relation to proceedings under the foregoing sub-paragraph and disputes that may be determined thereunder as they do in relation to proceedings and disputes that may be determined under sub-paragraph (1) of the said paragraph 3, but subject to the modifications that— Any proceedings under the said paragraph 3 which are in progress immediately before the appointed day, being proceedings to which the department of the Postmaster General is a party, may be continued with the substitution of the Post Office for that department; but in relation to such proceedings, sub-paragraph (3) of the said paragraph 3 shall have effect with the substitution, for the reference to the opinion of a government department, of a reference to the opinion of the Minister stated in a certificate signed by him.
Where, in pursuance of an agreement made before the appointed day in relation to a design between the department of the Postmaster General and the proprietor of the design or any person from whom he derives title, being an agreement to which the Post Office has become a party by virtue of this Act, communication of the design is made to the Post Office or a person authorised by it to consider the merits of the design, an application for the registration of the design shall not be refused and the registration of the design shall not be invalidated by reason only of that communication or of anything done in consequence thereof. An authorisation to consider the merits of a design given under subsection (3) of section 6 of the Registered Designs Act 1949 by the department of the Postmaster General and in force immediately before the appointed day shall remain in force on and after that day as if given by the Post Office and, in relation to that design, the said subsection (3) shall have effect as if references to a government department included references to the Post Office.
Expressions to which meanings are assigned by the Registered Designs Act 1949 for the purposes of that Act have those meanings also for the purposes of this Part of this Schedule.
Section 141.
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" sender ", in relation to a packet, has such meaning as may be assigned to it by any provision of a scheme made under section 28 of this Act, being a provision relating to registered inland packets ; and any reference in this section to the sender or addressee of a packet includes a reference to his personal representatives.
As from the appointed day, it shall be the duty of the Post Office so to exercise its powers as to secure that its revenues are not less than sufficient to meet all charges properly chargeable to revenue account, taking one year with another.
The Post Office shall charge to revenue in every year all charges that are proper to be made to revenue, including, in particular, proper provision for the depreciation of assets and proper allocations to general reserve; and the reference in the foregoing subsection to charges properly chargeable to revenue account shall be construed accordingly.
Without prejudice to its power to establish specific reserves, the Post Office shall establish and maintain a general reserve.
The management by the Post Office of its general reserve, the sums to be carried from time to time to the credit thereof, and the application of the moneys comprised therein shall (subject to the following provisions of this section) be as the Post Office may determine.
None of the moneys comprised in the Post Office's general reserve shall be applied otherwise than for the purposes of the Post Office.
The Minister may, with the approval of the Treasury, give to the Post Office directions as to any matter relating to the establishment or management of the Post Office's general reserve or the carrying of sums to the credit thereof or the application of the moneys comprised therein, and the Post Office shall comply with the directions.
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the net book value of all chattels and corporeal moveables which, immediately before the appointed day, are used, or appropriated for use, by the Postmaster General, being chattels and corporeal moveables that do not, by virtue of section 16 of this Act, vest in the Post Office and in the provision of which the Postmaster General has incurred expenditure treated by him as capital expenditure; and
the aggregate of the sums of which, under the following provisions of this Act, the Post Office is entitled to credit for the purposes of this section.
The rate of interest on the said debt and the date from which interest is to begin to accrue, the arrangements for paying off the principal of the said debt, and the other terms of the said debt shall be such as the Minister, with the approval of the Treasury, may from time to time determine; and different rates and dates may be determined under this subsection with respect to different portions of the said debt.
Any sums received by the Minister by way of interest on, or repayment of, the said debt shall be paid into the National Loans Fund.
In this section "net book value" means, in relation to chattels and corporeal moveables, the value thereof (after deducting depreciation) as shown in the books by reference to which the final statement of accounts under section 12 of the Post Office Act 1961 is prepared.
As regards so much of any sum lent under section 8(1) of the Post Office Act 1961 by the Bank of England to the Postmaster General as is outstanding immediately before the appointed day, the liability to repay it, and to pay interest thereon, shall on that day be transferred to the Post Office.
If, on or after the appointed day, any sums are issued out of the Consolidated Fund in fulfilment of a guarantee given under the said section 8, the Post Office shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments, of such amounts as they may so direct, in or towards repayment of the sums and payments of interest on what is outstanding for the time being in respect of the sums at such rate as they may direct.
The last foregoing subsection shall, as from the appointed day, have effect in relation to sums issued as aforesaid before that day that have not been repaid before that day as it has effect in relation to sums so issued on or after that day.
The Post Office may borrow temporarily, by way of overdraft or otherwise, either from the Minister or, with the consent of the Minister and the approval of the Treasury, from any other person, such sums in sterling as it may require for meeting its obligations and performing its functions.
The Post Office may borrow from the Minister (otherwise than by way of temporary loan) such sums in sterling as it may require for all or any of the following purposes, namely.—
provision of money for meeting any expenses incurred by it in connection with any works the cost of which is properly chargeable to capital account;
provision of working capital required by it;
subscription for, or acquisition of, securities of an incorporated company or other body corporate, promotion of the formation of an incorporated company or participation in the promotion of such a company or acquisition of an undertaking or part of an undertaking ;
payment off of any part of the debt assumed by it under section 33 of this Act, repayment of any money borrowed by the Postmaster General the liability to repay which is transferred to it by the last foregoing section, payment of a sum in or towards repayment of a sum issued out of the Consolidated Fund in fulfilment of a guarantee given under section 8 of the Post Office Act 1961 and repayment of money borrowed by it;
any other purpose for which capital moneys are properly applicable.
The Post Office, with the consent of the Minister, may, from such person and on such terms as he may, with the approval of the Treasury specify, borrow, in a currency other than sterling, any sum which it has power to borrow in sterling from the Minister.
References in this section to borrowing by the Post Office do not include—
borrowing by it from a body corporate which is its subsidiary;
receiving money in its capacity as the provider of any services or using money received in that capacity.
Nothing in this section shall be taken as exempting the Post Office from the provisions of any order under section 1 of the Borrowing (Control and Guarantees) Act 1946 or section 2 of the Loans Guarantee and Borrowing Regulation Act (Northern Ireland) 1946 or from the provisions of the Exchange Control Act 1947.
This section shall come into operation on the appointed day.
The Post Office shall not have power to borrow money except in accordance with the last foregoing section.
The aggregate of— shall not at any time exceed £2,300 million or such greater sum, not exceeding £2,800 million, as the Minister may from time to time by order specify.
the amount outstanding in respect of the principal of any money borrowed under the last foregoing section by the Post Office ; and
so much as is outstanding of the debt assumed by it by virtue of section 33 of this Act;
An order under the last foregoing subsection shall be made by statutory instrument, and no such order shall be made unless a draft thereof has been approved by a resolution of the Commons House of Parliament.
Subsection (4) of the last foregoing section shall apply for the purposes of this section as it applies for the purposes of that.
The Minister may, with the approval of the Treasury, lend to the Post Office any sums which it has power to borrow under section 35(1) or (2) of this Act.
Any loans which the Minister makes under this section shall be repaid to him at such times and by such methods, and interest thereon shall be paid to him at such rates and at such times, as he may, with the approval of the Treasury, from time to time direct.
The Treasury may issue out of the National Loans Fund to the Minister such sums as are necessary to enable him to make loans under this section.
Any sums received under subsection (2) above by the Minister shall be paid into the National Loans Fund.
The Treasury may guarantee, in such manner and on such conditions as they may think fit, the repayment of the principal of, and the payment of interest on, any sums which the Post Office borrows from a person other than the Minister.
Immediately after a guarantee is given under this section, the Treasury shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling a guarantee so given the Treasury shall, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is finally discharged, lay before each House of Parliament a statement relating to that sum.
Any sums required by the Treasury for fulfilling a guarantee under this section shall be charged on and issued out of the Consolidated Fund.
If any sums are issued in fulfilment of a guarantee given under this section, the Post Office shall make to the Treasury, at such times and in such manner as the Treasury may from time to time direct, payments, of such amounts as the Treasury may so direct, in or towards repayment of the sums so issued and payments of interest on what is outstanding for the time being in respect of sums so issued at such rate as the Treasury may so direct.
Any sums received under the last foregoing subsection by the Treasury shall be paid into the Consolidated Fund.
such proportion of the aggregate of the sums owed at that point of time by it to persons in the capacity of customers of its with reference to that service as has previously been determined, in relation to that period, by it with the approval of the Treasury, is matched by assets of its of one or more of the classes specified in Part I of Schedule 2 to this Act; and
the residue of that aggregate is matched by assets of its of one or more of the classes specified in Part II of that Schedule.
The Post Office shall keep proper accounts and other records and shall prepare in respect of each accounting year a statement of accounts in such form as the Minister, with the approval of the Treasury, may direct, being a form which shall conform to the best commercial standards.
The accounts of the Post Office shall be audited by auditors appointed by the Minister after consultation with it, and a person shall not be qualified to be so appointed unless he is a member of one or more of the following bodies— the Institute of Chartered Accountants in England and Wales; the Institute of Chartered Accountants of Scotland; the Association of Certified and Corporate Accountants; the Institute of Chartered Accountants in Ireland; any other body of accountants established in the United Kingdom and for the time being recognised for the purposes of section 161(1)(a) of the Companies Act 1948 by the Board of Trade ; but a Scottish firm may be so appointed if each of the partners is qualified to be so appointed.
So soon as the accounts of the Post Office have been audited, it shall send to the Minister a copy of the statement thereof together with a copy of any report made by the auditors on the statement, and the Minister shall lay them before each House of Parliament.
The Post Office shall, in the case of such persons engaged in its business as may be determined by it with the approval of the Minister (not being members of the Post Office), pay such pensions, allowances or gratuities to or in respect of them as may be so determined, make such payments towards the provision of such pensions, allowances or gratuities as may be so determined or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be so determined.
Where a participant in such a scheme as aforesaid becomes a member of the Post Office, he may be treated for the purposes of the scheme as if his service as a member of the Post Office were service as a person engaged in its business otherwise than as such a member, and his rights under the scheme shall not be affected by paragraph 4(1)(b) of Schedule 1 to this Act.
Subject to the provisions of this section, the following shall, instead of being paid out of moneys provided by Parliament, be paid by the Post Office, that is to say:—
any sum that falls to be paid in respect of a period beginning on or after the appointed day by way of allowance or pension under the Superannuation Act 1965 referable to the service of a person who—
ceased to be a civil servant before that day; and
immediately before he so ceased, was employed in the department of the Postmaster General otherwise than wholly in connection with the discharge of the Postmaster General's functions under the following enactments (or any of them), that is to say, the Government Annuities Act 1929, the Post Office Savings Bank Act 1954, the National Debt Act 1958, the Post Office Savings Bank Act 1966 and the National Loans Act 1968;
any additional allowance or gratuity under the Superannuation Act 1965 that falls to be paid on or after the appointed day, being an allowance or gratuity referable to the service of any such person ; and
any sum that falls to be so paid under that Act to any such person by way of return (with or without interest) of periodical contributions.
Where, in the case of such a person as aforesaid, the following conditions are satisfied, namely.—
that, after he ceased to be a civil servant, but before the appointed day, he began to serve in a department other than that of the Postmaster General in an unestablished capacity; and
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that his service in that department continued after the beginning of the appointed day ;
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the foregoing subsection shall not apply to so much of any payment by way of a superannuation or additional allowance granted under the Superannuation Act 1965 to him or of a pension granted under that Act in respect of his service (being a pension the annual rate of which is determined by reference to the rate of his superannuation allowance) as is attributable to—
a completed year of service which begins on or after the appointed day ; or
a completed year of service which begins before, and ends after, that day, being a year in the case of which more than one hundred and eighty-two of the days therein comprised fall after the day immediately preceding that day.
Section 12 of the Superannuation Act 1965 (cessation or reduction of superannuation allowance on re-employment) shall apply in the case of any such person as is therein mentioned who is appointed to fill an office in the Post Office immediately upon his ceasing to serve in the department of the Postmaster General as in the case of a person appointed to fill an office in a public department.
For the purposes of section 13 of the Superannuation Act 1965 (additions to allowances in certain cases of unestablished employment after retirement), service in the Post Office that immediately follows service in the department of the Postmaster General shall be treated as service in the civil service in an unestablished capacity.
Where, in the case of a person who has ceased to be a civil servant, the following conditions are satisfied, namely.—
that, immediately before he so ceased, he was employed elsewhere than in the department of the Postmaster General;
that, after he so ceased, but before the appointed day, he began to serve in that department in an unestablished capacity and continued to serve therein until the appointed day ; and
that, on the appointed day, he began a period of service in the Post Office;
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a completed year of service which begins on or after the appointed day ; or
a completed year of service which begins before, and ends after, that day, being a year in the case of which more than one hundred and eighty-two of the days therein comprised fall after the day immediately preceding that day;
In consideration of the fact that, after the beginning of the appointed day, the Exchequer will, by virtue of the foregoing provisions of this Part of this Act, be relieved of liabilities in respect of the provision of pensions, gratuities and other like benefits to, and in respect of, certain persons, the following provisions of this section shall have effect.
It shall be assumed that, on the appointed day, the Minister is the holder of an amount of 2 ½ % Consolidated Stock equal in nominal value to such sum (not being less than £1,000 million nor more than £1,500 million) as he may determine for the purposes of this section (which amount is hereafter in this section referred to as the " assumed amount of stock "); and trustees appointed by the Post Office for the purposes of this section (hereafter in this section referred to as " the trustees ")—
shall, subject to the following provisions of this section, be entitled to receive from him, in accordance with those provisions, quarterly payments (hereafter in this section referred to as " capital payments ") which shall severally be taken to represent the proceeds of assumed sales of portions of the assumed amount of stock and shall continue to be made until, by the operation of this section, the assumed amount of stock has been exhausted, and
shall also, subject as aforesaid, be entitled to receive from him, in accordance with the said provisions, quarterly payments (hereafter in this section referred to as " interest payments") of which the first shall be taken to represent interest on the assumed amount of stock and each subsequent one shall be taken to represent interest on the residue of the assumed amount of stock remaining on the immediately preceding day on which an interest payment was payable.
Capital and interest payments shall be payable on the same days as those on which dividends are payable in respect of 2 ½ % Consolidated Stock, that is to say, 5th January, 5th April, 5th July and 5th October (which days are hereafter in this section referred to as " pay-days "), the first of those payments being payable on the first pay-day following the appointed day.
Subject to the next following subsection, the aggregate of the sums that the trustees are, by virtue of this section, entitled to receive on a pay-day shall be £11,250,000.
Capital payments may be reduced or withheld by the Minister in not more than five financial years (but so that none be reduced or withheld unless, beforehand, the Post Office has been notified by him of the intended reduction or withholding and the reduction or withholding has been approved by resolution of the Commons House of Parliament), subject, however, to this qualification, that if the Minister avails himself of the benefit of this subsection in two successive financial years it shall not be open to him to avail himself of it in the financial year next following.
For the purpose of computing the amount of the first interest payment, it shall be assumed that interest on the assumed amount of stock begins to accrue on the appointed day and accrues from day to day.
Each interest payment subsequent to the first shall be equal to that which would be payable by way of dividend on an actual holding of 2 ½ % Consolidated Stock equal to so much of the assumed amount of stock as was outstanding on the day on which the immediately preceding interest payment was payable.
If, in the case of a pay-day on which a capital payment is payable, the residue of the assumed amount of stock that remained on the immediately preceding pay-day is of an amount such that the proceeds of an assumed sale thereof for the purpose of computing the amount of that payment amount to a sum less than that which, apart from this subsection, the trustees are entitled to receive by way thereof, the requirements of this section shall be deemed to be complied with by the payment by the Minister to the trustees of an amount equal to those proceeds and of the interest payment payable on the first-mentioned pay-day.
For the purposes of this section, an assumed sale of a portion of the assumed amount of stock shall be assumed to take place on the last day before the payment representing the proceeds of the sale is due on which bargains in 2 ½ % Consolidated Stock, other than bargains at special prices, were recorded on the London Stock Exchange, and at a price half way between the highest and lowest prices at which bargains in that stock, other than bargains at special prices, were recorded on that Exchange on that day.
Trustees appointed by the Post Office for the purposes of this section shall hold moneys received by them thereunder, .and any sums accruing by reason of the investment by them of any moneys so received, upon such trusts as may be declared by the Post Office for the purposes of this section, being trusts the objects of which consist in the payment, or the making of provision for the payment, of pensions, allowances and gratuities to, and in respect of, persons with respect to whom determinations made under section 43 of this Act are in force and in the reimbursement of the Post Office sums paid under section 44 or 46 of this Act.
Section 6(1) of this Act shall not operate so as to preclude the appointment of trustees or the declaration of trusts by the Post Office for the purposes of this section before the appointed day.
The Minister may, by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament) make, with the consent of the Treasury, such regulations with respect to the payment of pensions to, or in respect of, persons who, at the passing of this Act are serving in the department of the Postmaster General, being— as appear to him to be requisite for securing that they, and persons claiming in right of them, are not adversely affected in the matter of pension rights by reason only that, in consequence of this Act, they cease to serve in that department.
persons who have pension rights under any of the following schemes, that is to say, the existing pension schemes, the scheme for the payment of pensions commonly known as the Cable and Wireless Pension Fund (being a scheme subsisting by virtue of regulations made under section 6 of the Commonwealth Telegraphs Act 1949) and the scheme for the payment of pensions commonly known as the Cable and Wireless Staff Dependants’ Fund (being a scheme so subsisting); or
persons, other than as aforesaid, who have been in the employment of Cable and Wireless Limited;
Subsections (2) to (4), (7) and (8) of the said section 6 shall apply for the purposes of this section as if references to that section and subsection (1) thereof included references to the foregoing subsection, as if, for references to the existing pension schemes (except in subsection (8)), there were substituted references to the schemes mentioned in subsection (1)(a) above, and as if, in subsection (7), for the reference to 1st January 1947 there were substituted a reference to the day on which this Act passes; and subsection (5) of that section shall, in its application to subsection (2)(a), as applied by this section, have effect as if, for the references to the purposes of any of the existing pension schemes, there were substituted a reference to the purposes of any of the schemes so mentioned.
Regulations under this section may amend or revoke provisions of regulations under the said section 6.
The Secretary of State, with the consent of the Treasury, may from time to time make to the Post Office, out of the National Insurance Fund, such payments as are necessary to secure that, from year to year, it receives the aggregate of the sums that might, in the estimation of the Government Actuary (after consultation with the Secretary of State and the Post Office), have been paid to members, officers and servants of the Post Office under the National Insurance Act 1965 by way of sickness benefit and maternity benefit consisting in maternity allowance had they not, under agreements entered into by them with the Post Office, undertaken to refrain from claiming those benefits in consideration, while entitled to claim them, of their drawing unabated sick pay.
The Secretary of State, with the consent of the Treasury, may from time to time make to the Post Office, out of the Industrial Injuries Fund, such payments as are necessary to secure that, from year to year, it receives the aggregate of the sums that might, in the estimation of the Government Actuary (after consultation with the Secretary of State and the Post Office) have been paid to members, officers and servants of the Post Office under the National Insurance (Industrial Injuries) Act 1965 by way of injury benefit had they not, under agreements entered into by them with the Post Office, undertaken to refrain from claiming it in consideration, while entitled to claim it, of their drawing unabated sick pay.
In the application of this section to Northern Ireland—
for the references to the Secretary of State there shall be substituted references to the Ministry of Health and Social Services for Northern Ireland ;
for the references to the Treasury there shall be substituted references to the Ministry of Finance for Northern Ireland;
for the references to the National Insurance Fund and the Industrial Injuries Fund there shall be substituted respectively references to the Northern Ireland National Insurance Fund and the Northern Ireland Industrial Injuries Fund; and
for the references to the National Insurance Act 1965 and the National Insurance (Industrial Injuries) Act 1965 there shall be substituted respectively references to the National Insurance Act (Northern Ireland) 1966 and the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966.
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by order determine the aggregate amount of the rateable values of all hereditaments occupied by the Post Office by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building, being property used for the purposes of telecommunication services; and
by order determine the aggregate amount of the rateable values of the hereditaments occupied by the Post Office by the underground railway ;
and such person as that Minister may by order specify shall, in such manner as that Minister may by order prescribe.— and (subject to the provisions of this section) for the purposes of those lists, so much of the amount determined under paragraph (a) above as is apportioned to a rating district shall be the rateable value of such of the hereditaments mentioned in that paragraph as are in that district, and so much of the amount determined under paragraph (b) above as is apportioned to a rating district shall be the rateable value of such of the hereditaments mentioned in that paragraph as are in that district; and rateable values shall be shown accordingly in lists transmitted to rating authorities in pursuance of section 68(2) of the General Rate Act 1967.
apportion the amount determined under paragraph (a) above among the rating districts in which the hereditaments mentioned in that paragraph are situate; and
apportion the amount determined under paragraph (b) above among the rating districts in which the hereditaments mentioned in that paragraph are situate;
An order under paragraph (a) of the foregoing subsection may, if the Minister of Housing and Local Government thinks fit, provide, with respect to each of the years subsequent to the first with respect to which the order has effect or with respect to such of those years as may be specified in the order.— and, where such an order includes such provision as is authorised by paragraph (a) of this subsection to be included therein, the aggregate amount, as re-determined in accordance with the order, shall be apportioned amongst the rating districts in which the hereditaments in question ace situate in like manner as that amount, as determined by the order, was apportioned.
for the aggregate amount referred to in that paragraph to be re-determined in manner prescribed by the order; or
for the apportioned parts of that amount to be varied in manner so prescribed ;
Where an order under this section includes any such provision as is authorised by the last foregoing subsection to be included therein it may, further, include provision for effecting such alterations in rateable values shown in rating lists as are rendered requisite in consequence of an apportionment effected by virtue of the last foregoing subsection or a variation effected by virtue of the order and for any incidental, supplementary or consequential matters for which it appears to the Minister of Housing and Local Government requisite to provide for the purposes of the order.
No proposal shall be made under section 69 of the General Rate Act 1967 for the alteration of a rateable value shown, by virtue of this section, in a list.
For the purposes of the law relating to rating, the Post Office shall be treated as not being a public utility undertaking.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Expressions used in this section and in the General Rate Act 1967 have the same meanings in this section as in that Act, and the expression " the underground railway " means the railway constructed, and the works executed, by the Postmaster General in exercise of the powers conferred by the Post Office (London) Railway Act 1913, and the railway constructed, and the works associated therewith executed, by him in exercise of the powers conferred by the Post Office (Site and Railway) Act 1954.
This section extends to England and Wales only.
For the purposes of the valuation roll for the year 1971-72 and for each subsequent year of revaluation, the Secretary of State shall, after consultation with the Post Office and such associations of local authorities and such local authorities as he considers appropriate, by order determine the aggregate amount of the rateable values of all lands and heritages occupied by the Post Office by any such property as follows, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building, being property used for the purposes of telecommunication services.
The aggregate amount determined under the foregoing subsection shall be entered by the Assessor of Public Undertakings (Scotland) in the valuation roll made up by him and shall be apportioned by him in that roll among rating areas in such manner as the Secretary of State may by order determine.
An order under subsection (1) above may, if the Secretary of State thinks fit, provide, with respect to each of the years subsequent to the first with respect to which the order has effect or with respect to such of those years as may be specified in the order.— and, where such an order includes such provision as is authorised by paragraph (a) above to be included therein, the aggregate amount, as re-determined in accordance with the order, shall be apportioned among rating areas in like manner as that amount, as determined by the order, was apportioned.
for the aggregate amount referred to in that subsection to be re-determined in manner prescribed by the order ; or
for the apportioned parts of that amount to be varied in manner so prescribed ;
Where an order under this section includes any such provision as is authorised by the last foregoing subsection to be included therein it may, further, include provision for effecting such alterations in rateable values shown in the valuation roll as are rendered requisite in consequence of an apportionment effected by virtue of the last foregoing subsection or a variation effected by virtue of the order and for any incidental, supplementary or consequential matters for which it appears to the Secretary of State requisite to provide for the purposes of the order.
The rate to be levied by a county council for the year 1971-72 and subsequent years on the rateable value apportioned to their area by virtue of subsection (2) above shall be the mean of the county rate and the highest aggregate rate levied in the separately rated areas of the landward area of the county.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section "county rate " has the same meaning as in section 224(1) of the Local Government (Scotland) Act 1947, and other expressions have the same meanings as in the Local Government (Scotland) Act 1966.
This section extends to Scotland only.
For the purposes of any valuation lists coming into force for the year beginning 1st April in a relevant year the Secretary of State shall, after consultation with the Post Office and such associations of rating authorities and such rating authorities as he considers appropriate, by order determine the aggregate amount of the net annual value of the following hereditaments occupied by the Post Office for the purposes of telecommunication services, namely, posts, wires, underground cables and ducts, telephone kiosks and other equipment not within a building.
The aggregate amount determined under subsection (1) above shall be apportioned by the Commissioner of Valuation for Northern Ireland in the valuation lists prepared by him among the areas of local authorities in such manner as the Secretary of State may by order prescribe.
An order under subsection (1) above may, if the Secretary of State thinks fit, provide, with respect to each of the years subsequent to the first with respect to which the order has effect or with respect to such of those years as may be specified in the order.— and, where such an order includes such provision as is authorised by paragraph (a) above to be included therein, the aggregate amount, as re-determined in accordance with the order, shall be apportioned among the areas of the local authorities in which the hereditaments in question are situate in like manner as that amount, as determined by the order, was apportioned.
for the aggregate amount referred to in that subsection to be re-determined in manner prescribed by the order; or
for the apportioned parts of that amount to be varied in manner so prescribed ;
Where an order under this section includes any such provision as is authorised by the last foregoing subsection to be included therein it may, further, include provision for effecting such alterations in net annual values shown in valuation lists as are rendered requisite in consequence of an apportionment effected by virtue of that subsection or a variation effected by virtue of the order and for any incidental, supplementary or consequential matters for which it appears to the Secretary of State requisite to provide for the purposes of the order.
Where the Secretary of State makes an order under subsection (1) above which includes any such provision as is authorised by subsection (3) above, any such hereditament as is mentioned in subsection (1) above shall, for the purposes of sections 4 and 5 of the Valuation (Ireland) Act 1854, be deemed to have been included in any lists prepared under those sections for any year in which any re-determination or variation effected by virtue of the order has effect.
The Commissioner of Valuation for Northern Ireland shall not—
make any interim revision of the net annual value of any such hereditament as is mentioned in subsection (1) above; or
except as authorised by virtue of the foregoing provisions of this section, make any annual revision of any such hereditament as is so mentioned.
The Post Office shall, for the purposes of section 4 of the Rating and Valuation (Apportionment) Act (Northern Ireland) 1928, be deemed not to be a public supply undertaking.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
This section extends to Northern Ireland only.
The Minister may authorise the Post Office to purchase compulsorily any land in Great Britain which is required by it for, or in connection with, the exercise of its powers or as to which it can reasonably be foreseen that it will be so required ; and the Acquisition of Land (Authorisation Procedure) Act 1946 shall apply to the compulsory purchase of land in Great Britain by the Post Office as if the Post Office 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.
The power of purchasing land compulsorily in this section shall include power to acquire, by the creation of a new right, an easement or other right over land, other than land which would, for the purposes of the Acquisition of Land (Authorisation Procedure) Act 1946, form part of a common, open space or fuel or field garden allotment.
In the application of this section to Scotland, there shall be substituted, for any reference to the Acquisition of Land (Authorisation Procedure) Act 1946, a reference to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and, for any reference to an easement, a reference to a servitude; and the reference in the last foregoing subsection to a fuel or field garden allotment shall be omitted.
Where the Post Office desires to acquire, otherwise than by agreement, any land in Northern Ireland required by it for, or in connection with, the exercise of its powers or as to which it can reasonably be foreseen that it will be so required, it may apply to the Minister for an order vesting that land in it, and the Minister shall have power to make such an order.
For the purposes of the acquisition of land by means of a vesting order under this section, Schedules 5 and 6 to the Roads Act (Northern Ireland) 1948 (as amended by any enactment of the Parliament of Northern Ireland passed before the passing of this Act) are hereby incorporated in this Act subject to the modifications specified in Schedule 3 to this Act.
The Acquisition of Land (Assessment of Compensation) Act 1919 shall, in its application to any land vested in the Post Office by an order made under this section, have effect as amended by the Lands Tribunal and Compensation Act (Northern Ireland) 1964.
In this section, and in Schedule 3 to this Act and in the said Schedule 5 as incorporated in this Act, " land " has the meaning assigned to it by section 45(1)(a) of the Interpretation Act (Northern Ireland) 1954 and, in Schedule 3 to this Act and in the said Schedule 5 as so incorporated, " estate" has the meaning assigned to it by section 45(2) of that Act.
A person duly authorised in writing by the Post Office may, at any reasonable time, enter upon and survey any land in England or Wales other than land covered by buildings or used as a garden or pleasure ground, for the purpose of ascertaining whether the land would be suitable for use for the purposes of its business.
Sections 211(6) and 212(1) to (3) and (6) of the Town and Country Planning Act 1962 (which contain supplementary provisions relating to the powers of entry conferred by section 211(1) to (5) thereof) shall have effect in relation to the power conferred by this section as they have effect in relation to the powers conferred by the said section 211, subject, however, to the following modifications, namely.—
that section 211(6) (which relates to power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein) shall so have effect as if the words " or the presence of minerals therein " were omitted; and
that section 212(1) (which requires twenty-four hours' notice to be given of an intended entry upon occupied land) shall so have effect as if, for the words " twenty-four hours", there were substituted the words " twenty-eight days ".
Where, in an exercise of the power conferred by this section, any damage is caused to land or to chattels, any person interested in the land or chattels may recover from the Post Office compensation in respect of the damage; and where, in consequence of an exercise of that power, any person is disturbed in his enjoyment of any land or chattels, he may recover from the Post Office compensation in respect of the disturbance.
Section 128 of the Town and Country Planning Act 1962 (which provides for the determination of disputes as to compensation under Part VII of that Act) shall apply to any question of disputed compensation under this section.
This section shall come into operation on the appointed day.
A person duly authorised in writing by the Post Office may, at any reasonable time, enter upon and survey any land in Scotland, other than land covered by buildings or used as a garden or pleasure ground, for the purpose of ascertaining whether the land would be suitable for use for the purposes of its business.
Subsections (4) to (6) and subsection (9) of section 99 of the Town and Country Planning (Scotland) Act 1947 (supplementary provisions as to powers of entry) shall have effect in relation to the power conferred by this section as they have effect in relation to the powers conferred by the said section 99 subject, however, to the following modifications, namely.—
that section 99(4) (twenty-four hours' notice to be given of an intended entry upon occupied land) shall so have effect as if, for the words, " twenty-four hours ", there were substituted the words " twenty-eight days "; and
that section 99(9) (power to search and bore for minerals, &c.) shall so have effect as if the words " or the presence of minerals therein " were omitted.
Where, in an exercise of the power conferred by this section, any damage is caused to land or to corporeal moveables, any person interested in the land or corporeal movables may recover from the Post Office compensation in respect of the damage; and where, in consequence of an exercise of that power, any person is disturbed in his enjoyment of any land or corporeal moveables, he may recover from the Post Office compensation in respect of the disturbance.
Any question arising under this section as to the effect of damage or as to the amount of compensation shall, in the case of dispute be determined by arbitration, and the reference in such an arbitration shall be to a single arbiter to be appointed by agreement between the parties or, in default of an agreement, by the Minister.
This section shall come into operation on the appointed day.
A person duly authorised in writing by the Post Office may, at any reasonable time, enter upon and survey any land in Northern Ireland, other than land covered by buildings or used as a garden or pleasure ground, for the purpose of ascertaining whether the land would be suitable for use for the purposes of its business.
Subsections (2) to (5) and (8) of section 40 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 (which contain supplementary provisions relating to the power of entry conferred by subsection (1) of that section) shall have effect in relation to the power conferred by this section as they have effect in relation to the power conferred by the said subsection (1), subject, however, to the following modifications, namely.—
that section 40(2) (which relates to power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein) shall so have effect as if the words " or the presence of minerals therein " were omitted ; and
that section 40(3)(b) (which requires three days' notice to be given of an intended entry upon occupied land) shall so have effect as if, for the word " three ", there were substituted the word " twenty-eight ".
Where, in an exercise of the power conferred by this section, any damage is caused to land or to chattels, any person interested in the land or chattels may recover from the Post Office compensation in respect of the damage; and where, in consequence of an exercise of that power, any person is disturbed in his enjoyment of any land or chattels, he may recover from the Post Office compensation in respect of the disturbance.
Section 31 of the Land Development Values (Compensation) Act (Northern Ireland) 1965 (which provides for the determination of disputes as to compensation under Part III of that Act) shall apply to any question of disputed compensation under this section.
This section shall come into operation on the appointed day.
For the purpose of the acquisition by the Post Office by agreement of land in England or Wales, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 27 and section 31 shall apply.
For the purpose of the acquisition by the Post Office by agreement of land in Scotland, section 37(2) of the Town and Country Planning (Scotland) Act 1947 (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.
For the purpose of the acquisition by the Post Office by agreement 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.
Subject to the provisions of this section, a packet in the post, anything contained in a packet in the post and a mail-bag containing a packet in the post shall (if it is not the property of the Crown) have the like immunity from examination under a power conferred by or under any enactment (whether passed before or after this Act), from seizure or detention under such a power, from seizure under distress or in execution and from retention by virtue of a lien, as it would have if it were the property of the Crown.
The Post Office and a person who is engaged in its business shall be entitled to the like immunity from prosecution for possession of anything contained in a packet in the post, being a thing whose possession is prohibited by or under any enactment (whether passed before or after this Act), and for failure to comply, as respects anything contained in a packet in the post, with any condition or restriction imposed by or under any enactment (whether passed before or after this Act) with respect to its possession, carriage or delivery, as the Post Office and that person would be entitled to if the Post Office were a government department.
Subsection (1) above does not apply to a power conferred by an enactment for the time being in force relating to customs in its application, by virtue of section 16 of the Post Office Act 1953 or any regulations made under that section, to goods contained in postal packets, or to the powers conferred by sections 17 (detention of postal packets containing contraband) and 26(6) (search and seizure of postal packets by officers of customs and excise) of that Act.
Information obtained by a person in the course of the provision for another, by virtue of this Part of this Act, of data processing services or services connected therewith shall not, without the consent of that other, be disclosed by the first-mentioned person except for the purpose of performing his duties in relation to those services or in such cases as may be required by law.
A person who discloses information in contravention of the foregoing subsection shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
on summary conviction, to a fine not exceeding £400.
Any statutory provision made with respect to a harbour authority shall, on the appointed day, cease to have effect in so far as it exempts mail-bags or any description thereof from charges.
No charge imposed by a harbour authority in respect of goods brought into, taken out of, or carried through a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing shall apply to goods contained in—
mail-bags carried by the Post Office or consigned by it to another for carriage (whether to a foreign administration or not) or by a foreign administration to it for carriage; or
mail-bags consigned by one foreign administration to another, being mail-bags which, when in the United Kingdom, are in the charge of the Post Office.
Charges in respect of mail-bags and their contents exigible by a harbour authority at a harbour which, in the exercise and performance of statutory powers and duties, they are engaged in improving, maintaining or managing (being mail-bags carried or consigned as aforesaid) shall, notwithstanding anything in any statutory provision made with respect to the authority, not be payable before the expiration of the period of eight weeks beginning with the day on which the bags are brought within the limits of the harbour, and shall be recoverable by means of proceedings instituted in that behalf in any court of competent jurisdiction to the exclusion of any other means.
In this section, except in its application to Northern Ireland or the Isle of Man, references to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed in like manner as if they were contained in the Harbours Act 1964.
In the application of this section to Northern Ireland, references to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed as references to a harbour which is being improved, maintained or managed by such an authority in the exercise of powers conferred by a statutory provision, in the performance of duties imposed by a statutory provision or in the exercise and performance of powers conferred and duties imposed by a statutory provision.
In the application of this section to the Isle of Man, references to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed as referring to a harbour vested in the Isle of Man Harbour Board.
mail-bags carried by the Post Office or consigned by it to another for carriage (whether to a foreign administration or not) or by a foreign administration to it for carriage; or
mail-bags consigned by one foreign administration to another, being mail-bags which, when in the United Kingdom, are in the charge of the Post Office.
section 77 of the Post Office Act 1953 (exemption from toll); and
any other statutory provision, in so far as (apart from this section) it would operate to exempt from a toll a person engaged in the business of the Post Office or an animal or vehicle used for the purposes of that business, or a mail-bag (within the meaning of the Post Office Act 1953) or person in charge thereof.
A certificate of the Post Office that a specified sum is due to it from a specified person under provisions of a scheme made under section 28 of this Act with respect to telecommunication services shall, in any proceedings instituted by it against him or his personal representatives or against it by him or his personal representatives, be evidence (and, in Scotland, sufficient evidence) of that fact.
A certificate of the Post Office that a specified sum is due to it from a specified person under an agreement with respect to telecommunication services provided by it shall (subject to any term of the agreement to the contrary), in any proceedings instituted by it against him or his personal representatives or against it by him or his personal representatives, be evidence (and, in Scotland, sufficient evidence) of that fact.
In any proceedings instituted by or against the Post Office to which the rate at which a charge was levied at any time, in respect of a service, by an authority outside the British Islands is material, a certificate of the Post Office that the charge was levied at that rate at that time in respect of that service by that authority shall be conclusive evidence of that fact.
Where, in the British Islands, a money or postal order issued by the Post Office is presented for payment by a banker to whom it has been delivered for collection, payment of it to him discharges it.
Where, in the British Islands.— is presented for payment 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.
an uncrossed money or postal order issued by the Post Office, being an order expressed to be payable to a person specified or described therein and being, or purporting to be, signed by him or on his behalf; or
an uncrossed postal order so issued, being an order not expressed to be payable to such a person;
A money or postal order issued by the Post Office is discharged by the payment thereof outside the British Islands in accordance with arrangements in that behalf made by the Post Office.
Where a money or postal order issued by a foreign administration is paid by the Post Office 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 Post Office shall not be liable to the true owner of the order by reason of having paid it to that banker.
Where— is presented to the Post Office 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 Post Office to the person presenting it shall not render the Post Office liable to the true owner of the order.
an uncrossed money or postal order issued by a foreign administration, being an order expressed to be payable to a person specified or described therein and purporting to be signed by him or on his behalf ; or
an uncrossed postal order so issued, being an order not expressed to be payable to such a person;
No proceedings shall lie against the Post Office for loss or damage due to refusal by it to pay, or delay by it in paying, a money or postal order issued by it or a foreign administration.
A scheme made under section 28 of this Act may provide that a money or postal order issued by the Post Office or a foreign administration will not, after the expiration of a specified period, be paid by the Post Office except on satisfaction of specified conditions.
References in this section (except that in subsection (3)) to a money order issued by the Post Office shall be construed as including references to an order issued by it in pursuance of such an arrangement as is mentioned in section 24 of the Post Office Act 1953 (arrangements with other countries as to transmission of small sums through post offices), being an order which is for the payment of money in the British Islands and corresponds to a money order issued by the Post Office.
Where, after payment by the Post Office to a banker to whom it has been delivered for collection of a money order issued by the Post Office or a foreign administration, it is found that it ought not to have been paid, the sum paid may be deducted from sums subsequently falling to be paid by the Post Office to that banker by way of payment of money orders so issued that have been delivered to him for collection.
References in this section to a money order issued by the Post Office shall be construed as including references to an order issued by it in pursuance of such an arrangement as is mentioned in section 24 of the Post Office Act 1953, being an order which is for the payment of money in the British Islands and corresponds to a money order issued by the Post Office.
In the case of a postal or telegraphic service rendered by the Post Office in pursuance of the Representation of the People Act 1949 without charge, the Post Office shall be entitled to be remunerated for having rendered it at the rate for the time being fixed in relation thereto by virtue of section 28 of this Act.
A sum which, by virtue of the foregoing subsection, the Post Office is entitled to receive shall be charged on, and issued out of, the Consolidated Fund.
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The Taxation of Chargeable Gains Act 1992 shall apply in relation to a disposal by the Post Office of an asset acquired by virtue of this Part of this Act as if the acquisition or provision of the asset by the Crown had been the acquisition or provision of it by the Post Office.
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The provisions of Schedule 4 to this Act shall have effect for adapting the provisions of the enactments and Orders in Council therein mentioned in consequence of the assumption by the Post Office of functions which, before the appointed day, are exercised and performed by the Postmaster General.
sends, by means of a public telecommunication service, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character ; or
for the purpose of causing annoyance, inconvenience or needless anxiety to another, sends by those means a message that he knows to be false or persistently makes use for that purpose of public telecommunication services;
There shall be excluded from the workers in relation to whom the Road Haulage Wages Council and any wages council established under Part I of the Wages Councils Act 1959 may operate any persons employed by the Post Office on road haulage work within the meaning of the Road Haulage Wages Act 1938 ; and there shall be excluded from the workers in relation to whom the Road Haulage Wages Council (Northern Ireland) and any wages council established under the Wages Councils Act (Northern Ireland) 1945 may operate any persons employed by the Post Office on road haulage work within the meaning of paragraph 1 of the Schedule to the Road Haulage Wages Council (Northern Ireland) (Variation) Order 1952.
Part II of the Road Haulage Wages Act 1938 (provisions with respect to the remuneration of workers employed by private carriers in connection with the mechanical transport of goods by road) shall not apply to work done by a person employed by the Post Office.
For the purposes of any wages regulation order in force under Part II of the Wages Councils Act 1959 on the appointed day, vehicles which are being used by the Post Office by persons employed by it, being vehicles which are specified in licences, shall be deemed to be vehicles not specified in any licence, and so much of section 94(10) of the Transport Act 1968 as requires vehicles not specified in an A licence or a B licence to be treated as so specified if used wholly or mainly for a purpose for which, but for section 93 of that Act, an A licence or a B licence would be required shall not apply to vehicles that are being used by the Post Office by persons employed by it.
The Minister may, at the request of a county council and after consultation with the Post Office, give to the Post Office a direction that, during such period as may be specified in the direction (which shall not begin before the appointed day nor end after the day immediately preceding the transfer date), it shall, in normal business hours, issue on behalf of the council licences under the Vehicles (Excise) Act 1962.
Subsections (4), (5) and (6) of section 12 of this Act shall apply for the purposes of the foregoing subsection as if any reference in those subsections to subsection (2) of that section included a reference to the foregoing subsection.
In consideration of its complying with a direction given under this section with reference to a county council, the Post Office shall be entitled to receive payment from that council (of an amount to be determined, in the event of a dispute's arising as to the amount thereof, by the Minister).
In this section the expression " county council" shall be construed in like manner as if it were contained in the Vehicles (Excise) Act 1962 and " the transfer date" means the date which, by virtue of subsection (2) of section 1 of the Vehicle and Driving Licences Act 1969, is appointed by the Minister of Transport for the purposes of subsection (1) of that section.
section 9(6)(g) (the effect of which is to require the transmission, free of charge, of business telegrams sent by the successors to certain railway undertakers);
section 9(7) (the effect of which is to enable the said successors to be required to transmit the telegrams of others by means of lines controlled by them);
section 9(8) (the effect of which, as read with section 5 of the Telegraph Act 1869, is to enable the said successors to work, without infringement of the exclusive privilege conferred by section 4 of that Act, telegraphs erected under arrangements made by them with certain traders); and
section 12 (the effect of which is to subject part of the British Waterways Board's canal system to a way-leave for telegraphs and to require the transmission, free of charge, of certain telegrams sent by that Board).
Notwithstanding anything in a scheme made under section 28 of this Act.—
petitions and addresses forwarded to Her Majesty or, in Northern Ireland, to the Governor of Northern Ireland, by post shall be exempt from postage chargeable by the Post Office ; and
petitions and addresses to Her Majesty, and petitions addressed to either House of Parliament, sent by post to a member of either House of Parliament shall be exempt from postage so chargeable if the petitions or addresses do not exceed thirty-two ounces in weight and are sent without covers or in covers open at the sides.
Notwithstanding anything in a scheme made under section 28 of this Act, where the postage chargeable by the Post Office on a packet consisting of parliamentary proceedings has not been prepaid by the sender or has been insufficiently prepaid by him, there shall not be recoverable by the Post Office (whether from the sender or the addressee) a sum exceeding the amount, as the case may be, of the postage or of the deficiency.
In the application of this section to Northern Ireland, "Parliament" includes the Parliament of Northern Ireland and " parliamentary " shall be construed accordingly.
The following provisions shall have effect in relation to the financial year ending 31st March next before the appointed day:—
the duties imposed by section 12 of the Post Office Act 1961 on the Postmaster General to prepare, in respect of each financial year, a statement of accounts and a report on the business of the Post Office, shall, if not discharged by him before the appointed day, be discharged instead by the Post Office;
the duty imposed by that section on him to lay before Parliament copies of that report having annexed thereto copies of the statement of accounts and of the Comptroller and Auditor General's report thereon shall, if not discharged by the Postmaster General before the appointed day, be discharged instead by the Minister;
the statement of accounts in respect of that year and the copy of the Comptroller and Auditor General's report thereon shall, if not returned by him to the Postmaster General before the appointed day, be returned to the Post Office; and
the Post Office shall transmit to the Minister copies of any document prepared by, or returned to, it in pursuance of this subsection.
If the appointed day is other than a 1st April, the said section 12 and the last foregoing subsection shall have effect in relation to the period beginning with the immediately preceding 1st April and ending with the day immediately preceding the appointed day as they apply with respect to the financial year mentioned in that subsection, subject, however.—
in the case of that section, to the modification that anything required to be done before the end of a specified month shall be done as soon as possible; and
in the case of that subsection, to the omission of any such words as render conditional a duty thereby imposed.
In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
" accounting year " means the period beginning with the appointed day and ending with 31st March next following or any subsequent period of twelve months beginning with the end of a previous accounting year ;
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In the event of the conclusion of any such agreement as follows, namely.— Her Majesty may by Order in Council make such provision as it appears to Her requisite or expedient to make in order to enable effect to be given to the agreement or in consequence of the conclusion thereof, including in particular, provision for the amendment or repeal of enactments (including enactments contained in this Act) or other instruments.
an agreement between the Minister and the Government of the Isle of Man providing for either or both of the following, namely.—
the surrender by the Post Office, as regards that Isle, of the privilege conferred on the Post Office by section 3 of the Post Office Act 1953 and the administration in that Isle of postal services by, or under the authority of, that government instead of by the Post Office ;
the surrender by the Post Office, as regards that Isle, of the privilege conferred on the Post Office by section 24 of this Act and the administration in that Isle of telecommunication services by, or under the authority of, that government instead of by the Post Office;
an agreement between the Minister and the States of Jersey providing for either or both of the following, namely.—
the surrender by the Post Office, as regards the Bailiwick of Jersey, of the privilege conferred on the Post Office by the said section 3 and the administration in that Bailiwick of postal services by, or under the authority of, the States instead of by the Post Office;
the surrender by the Post Office, as regards that Bailiwick, of the privilege conferred on the Post Office by the said section 24 and the administration in that Bailiwick by, or under the authority of, the States instead of by the Post Office of such telecommunication services as are being administered there by the Post Office ; or
an agreement between the Minister and the States of Guernsey providing for either or both of the following, namely.—
the surrender by the Post Office, as regards the Bailiwick of Guernsey, of the privilege conferred on the Post Office by the said section 3 and the administration in that Bailiwick of postal services by, or under the authority of, the States instead of by the Post Office ;
the surrender by the Post Office, as regards that Bailiwick, of the privilege conferred on the Post Office by the said section 24 and the administration in that Bailiwick by, or under the authority of, the States instead of by the Post Office of such telecommunication services as are being administered there by the Post Office ;
The power conferred by the foregoing subsection on Her Majesty to make an Order in Council shall include power, exercisable in like manner, to vary or revoke an Order in Council made in exercise of that power.
The following shall extend to the Isle of Man and the Channel Islands, namely,—
this Part of this Act, except sections 76 and 77 and any provision which, by its terms, is limited in its operation to a part of the United Kingdom; and
Schedules 1 and 2 to this Act.
Section 76 of, and Schedule 4 to, this Act shall—
in their application to an enactment that is expressed (either in the Act containing it or in another Act, and either directly or indirectly) to extend to the Isle of Man, extend to that Isle; and
in their application to an enactment that is so expressed to extend to the Channel Islands, extend to those Islands.
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shall, except so far as relating to the Post Office (Protection) Act 1884, extend to the Isle of Man; and
shall, except so far as relating to that Act and the Telegraph Act 1863, extend to the Channel Islands.
Subsections (1), (2) and (4) above shall have effect subject to the provisions of any Order in Council made under the last foregoing section.
Subject to the provisions of this section and to any exceptions for which provision may be made by order of the Minister, it shall not, as from the appointed day, be lawful, except under, and in accordance with, a written licence in that behalf granted by him, for a system to be run for—
the distribution in the United Kingdom, through the agency of energy of any of the kinds specified in subsection (2) below, of a programme of matter serving, by means of sounds or visual images (or both), to inform persons of anything or to educate or entertain them ; or
the conveyance, through the agency of energy of any of the said kinds, of any such programme as aforesaid to a place in the United Kingdom to which members of the public have access (whether on payment or not), for the purpose of its being presented there to members of the public.
The said kinds of energy are electric, magnetic, electromagnetic, electro-chemical and electro-mechanical.
In the event of a contravention of this section in relation to a system, the person running it (or, if different parts of it are run by different persons, each of them) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £400.
This section shall not apply to the Post Office, the British Broadcasting Corporation or the Independent Television Authority.
Where a body corporate is guilty of an offence under this section and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In this section, the expression " director", in relation to a body corporate established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, being a body corporate whose affairs are managed by the members thereof, means a member of that body corporate.
Without prejudice to subsection (3) of this section, compliance with subsection (1) thereof shall be enforceable by civil proceedings by the Crown for an injunction or for any other appropriate relief.
The prohibition imposed by this section shall not extend to the doing of anything by the sole means of apparatus for wireless telegraphy (within the meaning of the Wireless Telegraphy Act 1949).
In the application of subsection (6) above to Scotland, for the words " civil proceedings by the Crown for an injunction ", there shall be substituted the words " civil proceedings by the Lord Advocate for an interdict ".
A licence granted under the last foregoing section may be issued subject to such terms, provisions and limitations as the Minister may mink fit.
A licence so granted shall, unless previously revoked by the Minister, continue in force for such period as may be specified in the licence.
A licence so granted may be revoked, or the terms, provisions or limitations thereof varied, by a notice in writing of the Minister served on the holder of the licence or by a general notice applicable to licences of the class to which the licence in question belongs published in such manner as may be specified in the licence.
On the issue or renewal of a licence so granted, and, where the regulations under this section so provide, at such times thereafter as may be prescribed by the regulations, there shall be paid to the Minister by the person to whom the licence is issued such sums as may be prescribed by regulations to be made by the Minister with the consent of the Treasury; but this provision shall be subject to the qualification that the regulations thereunder may contain provisions authorising, in such cases as are not otherwise dealt with under the regulations, the charge by the Minister of such sums, whether on the issue or renewal of the licence or subsequently, as may in the particular case appear to him to be proper.
Different provision may be made by regulations under the last foregoing subsection in relation to different licences, according to the nature, terms, provisions, limitations and duration thereof.
A payment required by virtue of this section to be rendered to the Minister may be recovered by him in any court of competent jurisdiction as if it were a simple contract debt.
The Minister shall have power to make, in such cases or classes of cases as the Treasury may determine, refunds of sums received by him under subsection (4) above.
A payment made in exercise of the power conferred by the last foregoing subsection shall be defrayed out of sums received by the Minister under subsection (4) above.
The surplus of sums received under subsection (4) above over sums paid in exercise of the power conferred by subsection (7) above shall from time to time be paid into the Consolidated Fund.
In the application of subsection (6) above to Scotland, the words " as if it were a simple contract debt" shall be omitted.
If, in England, Wales or Northern Ireland, a justice of the peace, or, in Scotland, the sheriff, is satisfied by information on oath that there is reasonable ground for suspecting that an offence under section 89 of this Act has been, or is being, committed, and that evidence of the commission of the offence is to be found on any premises specified in the information, he may grant a search warrant authorising any person or persons authorised in that behalf by the Minister and named in the warrant, with or without any constables, to enter, at any time within one month from the date of the warrant, the premises specified in the information and to search the premises and examine and test any apparatus found thereon.
Where, under this section, a person has a right to examine any apparatus on any premises, it shall be the duty of any person who is on the premises to give him any such assistance as he may reasonably require in the examination or testing of the apparatus.
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £400, and a person who discloses, otherwise than for the purposes of this Part of this Act or of a report of proceedings thereunder, any information obtained by means of an exercise of powers conferred by this section, being information relating to a manufacturing process or trade secret, shall be guilty of an offence and liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
on summary conviction, to a fine not exceeding £400.
The power conferred by section 89 of this Act on the Minister to make an order and the power conferred on him by section 90 of this Act to make regulations shall be exercisable by statutory instrument.
A statutory instrument by which either of the aforesaid powers is exercised shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The power conferred by section 89 of this Act on the Minister to make an order shall include power, exercisable in like manner, to vary or revoke an order made in exercise of that power.
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The expenses of the Director of Savings shall, unless required by some provision of this Act to be borne in some other manner, be defrayed out of moneys provided by Parliament.
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, as from the appointed day, and—
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the provisions of the Post Office Savings Bank Act 1966 specified in column 1 of Part II of that Schedule shall have effect subject to the amendments respectively specified in relation thereto in column 2 of that Part;
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any reference to the Postmaster General in a nomination executed under regulations made, or having effect as if made, under section 2 of the Post Office Savings Bank Act 1954 shall be construed as referring to the Director of Savings.
The amendment of section 27 of the Crown Proceedings Act 1947 effected by virtue of subsection (2)(c) above is an amendment of that section as well in its application to the Crown in right of Her Majesty’s Government in Northern Ireland as in its application to the Crown in right of Her Majesty’s Government in the United Kingdom.
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For section 16 of the Post Office Savings Bank Act 1954 (repayment of sums withdrawn by depositors, payment of expenses and investment of funds), there shall be substituted the following section:—.
This section shall come into operation on the appointed day.
As from the appointed day, section 3 of the Post Office Savings Bank Act 1966 (which requires a separate account to be kept for the purposes of that Act) shall have effect with the substitution, for subsections (1) and (2) thereof, of the following subsections:—, and with the substitution, for the reference, in subsection (3)(b), to the Postmaster General, of a reference to the Treasury.
There shall be included amongst the sums to be debited from time to time to the National Savings Bank Investment Account Fund—
such sums as the Treasury may determine to be equal to those expended by the Director of Savings in connection with investment deposits ; and
such sums as may be necessary to secure that, year by year, there is contributed to the Exchequers of the United Kingdom and Northern Ireland as nearly as may be what would be contributed thereto in respect of the National Savings Bank by way of corporation tax if that bank were a savings bank certified under the Trustee Savings Banks Act 1954, section 439(1) of the Income Tax Act 1952 (exemption of trustee savings banks' income from tax in respect of interest and dividends arising from investments with the National Debt Commissioners) had not been enacted and the business of that bank were confined to activities concerned with investment deposits.
Sums debited by virtue of paragraph (a) or (b) of the foregoing subsection shall be paid into the Consolidated Fund, and those debited by virtue of paragraph (b) shall be treated, for the purposes of subsection (2) of section 22 of the Government of Ireland Act 1920 (annual determination by Joint Exchequer Board of what part of the proceeds of the reserved taxes is properly attributable to Northern Ireland), as being proceeds of the duties and taxes referred to in subsection (1) of that section.
This section shall come into operation on the appointed day.
The Director of Savings and the National Debt Commissioners shall, as respects the year in which the appointed day falls and each subsequent year, prepare a statement showing— and shall, before the end of May next following, transmit it to the Comptroller and Auditor General who shall examine, certify and report on it and lay copies of it, together with copies of his report on it, before Parliament.
the aggregate of the sums received and repaid during the year in respect of ordinary deposits;
the aggregate of the sums paid or credited during the year by way of interest on ordinary deposits ;
the aggregate liabilities, as at the end of the year, so far as regards ordinary deposits ;
the nominal value and the description, as at the end of the year, of the investments held by the Commissioners which have been made under section 16 of the Post Office Savings Bank Act 1954;
the aggregate of the sums that accrued during the year by way of interest on investments made under that section by the Commissioners; and
the amount of the expenses incurred during that year in the execution of that Act;
No accounts or statements shall be made out or prepared under the Post Office Savings Bank Act 1954 as respects the year in which the appointed day falls or any subsequent year; and anything which, in the first-mentioned year, falls, by virtue of section 15 or 20 of that Act (annual account of ordinary deposits to be laid before Parliament, and annual account of liabilities with respect to such deposits to be so laid), to be done by the Postmaster General shall, if not done before that day, be done instead by the Treasury.
In this section "year " means a period of twelve months ending 31st December.
If, in the year in which the appointed day falls or any subsequent year, the aggregate of the sums that accrued by way of interest on investments made under section 16 of the Post Office Savings Bank Act 1954 by the National Debt Commissioners, after deduction of any sum required by the Treasury to be set aside to provide for depreciation in the value of investments so made, exceeds the aggregate of— the excess shall be paid into the Consolidated Fund; and if in any such year as aforesaid the aggregate of the sums that accrued as aforesaid, after deduction of any sum required by the Treasury to be set aside as aforesaid, falls short of the second-mentioned aggregate, the deficiency shall be made good out of that fund.
the aggregate of the sums paid or credited during the year by way of interest on ordinary deposits ; and
the amount of the expenses incurred during that year in the execution of that Act;
In this section, " year " means a period of twelve months ending 31st December.
Anything which, in the year in which the appointed day falls, falls, by virtue of section 5 (preparation and audit of accounts) of the Post Office Savings Bank Act 1966, to be done by or to the Postmaster General shall, if not done before that day, be done instead by or to the Treasury.
The following requirements shall, as respects the year in which the appointed day falls and each subsequent year, have effect in place of those of the said section 5, namely.—
the Director of Savings and the National Debt Commissioners shall prepare, for the year, a statement of accounts of the National Savings Bank Investment Account Fund;
the statement of accounts for each year shall, before the end of May next following the expiration of the year, be transmitted to the Comptroller and Auditor General who shall examine, certify and report on it and lay copies of it, together with copies of his report on it, before Parliament.
In this section "year " means a period of twelve months ending 31st December.
If at any time claims in respect of ordinary or investment deposits cannot be met, the Treasury shall provide the Postmaster General or the Director of Savings with such sum out of the Consolidated Fund as is necessary to meet them.
As from the appointed day, section 22(1) of the Post Office Savings Bank Act 1954 (which provides that certain sums are to be deemed to be included amongst the expenses incurred in the execution of that Act by the National Debt Commissioners and, before the passing of the Post Office Act 1961, also provided that certain sums were to be deemed to be included amongst the expenses so incurred by the Postmaster General), shall have effect with the substitution, for the words " the Commissioners " (except where occurring in paragraph (c)), of the words " the Director of Savings and the Commissioners respectively " and with the addition, at the end thereof, of the following paragraph:—.
As from the appointed day, section 22(2) of the Post Office Savings Bank Act 1954 shall have effect with the omission of the words " by the Commissioners ", with the insertion, after the word " premises " (where first occurring) of the words " or equipment" and with the substitution, for the words " the premises or of that part of the premises which was used for the said purposes " , of the words " the premises or equipment or, in the case of premises or equipment partly used for the said purposes, such proportion of that sum as the Treasury determine to be appropriate having regard to the extent to which the premises or equipment were so used ".
Section 10(1) of the Post Office Savings Bank Act 1954 (secrecy) shall not prevent the disclosure by a person authorised for the purpose by the Director of Savings of information to any person in connection with an offence committed with reference to the account of a depositor or for the purpose of ascertaining whether or not an offence has been so committed.
In subsection (3) of section 12 of the Post Office Savings Bank Act 1954 (which requires the necessary financial adjustment to be made in the books of the National Debt Commissioners in consequence of a depositor in a trustee savings bank having transferred the amount due to him from that bank to a post office savings bank), for the words from " from the account of the first-mentioned savings bank " onwards, there shall be substituted the words " from the account of the trustee savings bank in question to that kept for the purposes of this Act ".
A statutory instrument containing regulations under the Post Office Savings Bank Act 1954 or the Post Office Savings Bank Act 1966 (not being an instrument whereof a draft has been laid before Parliament before the passing of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
On the appointed day, the land delineated (and coloured pink) on the plans deposited in connection with the Bill for this Act with the Minister of Public Building and Works and authenticated by the signature of the Postmaster General (being land in the London borough of Hammersmith held by the Postmaster General and appropriated to the exercise and performance of his functions under the Post Office Savings Bank Acts 1954 and 1966) shall, by virtue of this subsection, vest in the Minister of Public Building and Works and shall be taken by him as land necessary for the public service and held by him for all the estate and interest for which it was previously held by the Postmaster General.
The Postmaster General may by order provide that the foregoing subsection shall operate— or to do both of those things.
to annex to the said land such easements or other rights over contiguous land which, immediately before the appointed day, may be vested in him for an estate in fee simple, as may be specified in the order; or
to annex to the last-mentioned land such easements or other rights over the first-mentioned land as may be so specified;
in section 48 of the Finance (No. 2) Act 1915 (procedure on death of a person entitled to government stock), for the words “the Postmaster General” there shall be substituted the words “the Director of Savings” ;
in sections 66 (transfer of government stock on authority of order of a court) and 67 (indemnity on transfer of government stock) of the Finance Act 1916, for the words “the Postmaster General” there shall be substituted the words “the Director of Savings” ;
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in section 1(4)(c) of the Stock Transfer Act 1963 (simplified transfer of securities), for the words “the Post Office register” there shall be substituted the words “the National Savings Stock Register”; and
any reference to the Postmaster General in a nomination executed under regulations made, or having effect as if made, under section 2 of the National Debt Act 1958 shall be construed as referring to the Director of Savings.
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Sections 4 (disputes between the Postmaster General or the trustees of a savings bank and stockholders) and 5 (transfer to the register referred to in subsection (1) above of holdings in names of deceased persons) of the said Act of 1958 shall have effect with the substitution, for references to the Postmaster General, of references to the Director of Savings.
For the purposes of section 6 of the said Act of 1958 (acceptance of probate issued in Isle of Man or Channel Islands), the appropriate authority, in relation to stock registered otherwise than in a part of the register referred to in subsection (1) above kept by the trustees of a trustee savings bank shall, instead of being (as prescribed by subsection (3) of that section) the Postmaster General, be the Director of Savings.
This section shall come into operation on the appointed day; but, without prejudice to section 37 of the Interpretation Act 1889, the power conferred by section 2 of the National Debt Act 1958, as amended by subsection (2) above, may be exercised at any time after the passing of this Act as if that subsection had come into operation on the passing of this Act, but so that regulations made in exercise of it shall not come into operation before that day.
The power conferred by section 12 of the National Loans Act 1968 on the Treasury to raise money shall extend to raising money under the auspices of the Director of Savings and, in particular, by the issue, under his auspices, of national savings certificates;
The power conferred by subsection (1) of section 12 of the National Debt Act 1958 on the Treasury to make regulations with respect to the manner in which and the conditions under which, amongst other things, money authorised to be raised under the National Loans Act 1939 or the National Loans Act 1968 may be raised through the Post Office shall include power to make regulations with respect to the manner in which and the conditions under which money authorised to be raised under the last-mentioned Act may be raised under the auspices of the Director of Savings.
In subsection (2)(a) of the said section 12, for the words " apply any provision of any Act (including this Act) relating to the Post Office, to savings banks, to the Post Office register or to any other matter under the administration of the Postmaster General", there shall be substituted the words " apply any provision of any Act (including this Act) relating to savings banks or the National Savings Stock Register ".
This section shall come into operation on the appointed day; but, without prejudice to section 37 of the Interpretation Act 1889, the power conferred by section 12 of the National Debt Act 1958, as amended by this section, may be exercised at any time after the passing of this Act as if this section had come into operation on the passing of this Act, but so that regulations made in exercise of it shall not come into operation before that day.
Where the Director of Savings is satisfied that a bond to bearer issued on behalf of the Treasury by him or by the Postmaster General, or a coupon of any such bond, has been lost or destroyed, he may, if he thinks fit, and on such conditions as he thinks fit, but subject to any general directions of the Treasury, issue a new bond or coupon on receiving indemnity to his satisfaction against the claims of all persons deriving title under the bond or coupon lost or destroyed.
This section shall come into operation on the appointed day and have effect in place of section 13 of the National Debt Act 1958.
As from the appointed day, section 35 of the Finance Act 1961 (national savings stamps and gift tokens) shall have effect as if, in subsection (1), after the words " the Postmaster General", there were inserted the words " or the Director of Savings " and as if, in subsection (5), for the words " payable out of the Post Office Fund in respect of those stamps or tokens ", there were substituted the words " payable in respect of the exchange or encashment of those stamps or tokens ".
The Post Office shall, for the purposes of section 33 of this Act, be entitled to credit of—
the sum certified by the Minister to be the net book value of buildings erected at the expense of the Postmaster General on the land mentioned in section 107(1) of this Act, being buildings in the case of which expenditure incurred by him after 9th July 1952 with reference to the erection thereof was treated by him as capital expenditure;
the sum so certified to be the net book value of works executed at the expense of the Postmaster General on that land, being works in the case of which expenditure so incurred with reference to the execution thereof was so treated ; and
the sum so certified to be the net book value of apparatus installed by the Postmaster General on that land, being apparatus in the case of which expenditure so incurred in the provision and installation thereof was so treated, but not being telegraphic apparatus.
The Post Office shall, for the purposes of section 33 of this Act, be entitled to credit of—
the sum certified by the Minister to be the net book value of every such parcel of land as follows, namely.—
every parcel in the case of which an estate or interest subsisting therein of the Postmaster General is, after the passing of this Act, conveyed, assigned or transferred by him to the Minister of Public Building and Works (being a parcel the whole or part of which is occupied, or is intended to be occupied, by the Postmaster General in connection with the exercise and performance of his functions under the Government Annuities Act 1929, the Post Office Savings Bank Acts 1954 and 1966, the National Debt Act 1958 or the National Loans Act 1968); and
every parcel in the case of which an estate or interest subsisting therein of the Postmaster General vests in the Post Office by virtue of this Act (being a parcel which, immediately before the appointed day, is the subject of an agreement, to which the parties are the Postmaster General, the Minister of Public Building and Works and the Post Office for the conveyance, assignment or transfer by the Post Office to that Minister of the estate or interest that so vests);
the sum so certified to be the net book value of buildings erected, on any such parcel as aforesaid, at the expense of the Postmaster General, being buildings in the case of which the expenditure of the Postmaster General with reference to the erection thereof was treated by him as capital expenditure ; and
the sum so certified to be the net book value of works executed, at his expense, on any such parcel as aforesaid, being works in the case of which the expenditure of the Postmaster General with reference to the execution thereof was so treated.
The Post Office shall, for the purposes of section 33 of this Act, be entitled to credit of—
the sum certified by the Minister to be the net book value of every building erected at the expense of the Postmaster General on land in England in which— being a building in the case of which the expenditure of the Postmaster General with reference to the erection thereof was treated by him as capital expenditure ; and
the Minister of Public Building and Works has an estate or interest immediately before the appointed day; but
the Postmaster General does not then have, and never previously had, an estate or interest;
the sum so certified to be the net book value of works executed at the expense of the Postmaster General on every parcel of such land as aforesaid, being works in the case of which the expenditure of the Postmaster General with reference to the execution thereof was so treated.
In this section " building " includes part of a building and " net book value " means, in relation to land, buildings, works or apparatus, the value thereof (after deducting depreciation) as shown in the books by reference to which the final statement of accounts under section 12 of the Post Office Act 1961 is prepared.
This Part of this Act and Schedule 6 thereto shall extend to the Isle of Man and the Channel Islands.
Any stamp duty which is required or permitted by law to be denoted by adhesive stamps not appropriated by any word or words on the face of them to any particular description of instrument may be denoted by adhesive postage stamps.
The Post Office shall pay to the Commissioners of Inland Revenue such sums at such times as, in default of agreement between it and them, may be determined by the Treasury to be requisite to secure that, year by year, the Commissioners receive as nearly as may be the difference between the sums received by the Post Office that are attributable to the operation of the foregoing subsection as regards stamp duties chargeable in Great Britain and the sums requisite to remunerate it for having prepared and issued adhesive postage stamps by which duties so chargeable have been denoted.
This section shall come into operation on the appointed day, and subsection (1) thereof shall have effect in place of section 7 of the Stamp Act 1891.
Sections 9 and 10 of the Stamp Duties Management Act 1891 (allowance to be made by the Commissioners of Inland Revenue for spoiled stamps, and allowances to be so made for misused stamps) shall apply to adhesive postage stamps as they apply to other stamps, but subject, in the case of section 9, to the qualification that allowance is not to be made by virtue of this section for stamps not appearing to the Commissioners to have been intended to be used for denoting a duty or fee ; and the second and third references to stamps in section 11 of that Act (how allowance is to be made) shall, for the purpose of its operation in relation to allowance made by virtue of this section, be construed as referring to adhesive postage stamps.
This section shall come into operation on the appointed day.
As from the appointed day, section 9 of the Stamp Act 1891 (penalty for frauds in relation to adhesive stamps) shall have effect as if references therein to such stamps included references to adhesive postage stamps.
The following enactments making provision with respect to the institution of, and otherwise in relation to, proceedings for the recovery of fines under the Acts relating to inland revenue, namely, sections 21, 22 and 35 of the Inland Revenue Regulation Act 1890, section 121 of the Stamp Act 1891 and section 7(5) of the Revenue Act 1898, shall not apply to proceedings in respect of an offence under section 9 of the Stamp Act 1891 committed on or after the appointed day in relation to a postage stamp, but any such proceedings shall be summary ones.
The definitions of "die" and "stamp" in section 27 of the Stamp Duties Management Act 1891 shall, for the purposes of the application thereof, on and after the appointed day, to section 13 of that Act (offences in relation to dies and stamps), have effect as if the reference to the Commissioners of Inland Revenue included a reference to the Post Office and as if references to any duty included references to postage.
Matters or things seized under the authority of a warrant issued under section 16 of the said Act of 1891 on or after the appointed day shall, if they relate to postage, be delivered to the Post Office instead of to the Commissioners of Inland Revenue.
Section 14 of the National Insurance Act 1965 shall have effect with the substitution, for subsection (2) thereof (which, amongst other things, makes provision for the preparation, issue and sale, under the auspices of the Postmaster General, of adhesive stamps by means of which contributions under that Act are payable), of the following subsection:—; and the reference in section 67(2) of the National Insurance (Industrial Injuries) Act 1965 (which applies section 14(2) of the first-mentioned Act to insurance stamps within the meaning of the last-mentioned Act) to subsection (2) of the said section 14 shall be construed as referring to the subsection substituted therefor by this subsection.
The foregoing subsection shall come into operation on the appointed day; but, without prejudice to section 37 of the Interpretation Act 1889, the powers conferred by virtue of that subsection may be exercised at any time after the passing of this Act as if that subsection had come into operation on the passing of this Act, but so that any stamps prepared or regulations made in exercise of the powers shall not be sold or come into operation, as the case may be, before that day.
The Treasury may, by statutory instrument (which shall be laid before Parliament), make regulations for applying to national savings stamps, with the necessary modifications, all or any of the provisions of the Stamp Duties Management Act 1891, section 9 of the Stamp Act 1891 and section 63 of the Post Office Act 1953.
In this section "national savings stamp " has the meaning assigned to it by section 35(1) of the Finance Act 1961.
The Commissioners of Inland Revenue may enter into an agreement with the Post Office for the composition, in accordance with the following provisions of this section, of the stamp duty chargeable in Great Britain under the heading beginning " Bill of Exchange or promissory note of any kind whatsoever " in Schedule 1 to the Stamp Act 1891 on money orders issued by it.
Such an agreement shall require the Post Office to deliver to the Commissioners of Inland Revenue periodical accounts of the orders issued by it and may contain such other terms and conditions as the Commissioners think proper.
Where such an agreement has been made, a money order issued by the Post Office bearing such indication of the payment of stamp duty as the Commissioners of Inland Revenue may require shall not be chargeable with stamp duty, but the Post Office shall pay to the Commissioners, on the delivery of any account under the agreement, such sums as would, but for the provisions of this section, have been chargeable by way of stamp duty in Great Britain on money orders issued by it during the period to which the account relates.
Where the Post Office makes default in delivering an account required by such an agreement or in paying the duty payable on the delivery of any such account, it shall be liable to a fine not exceeding £50 for each day during which the default continues and shall also be liable to pay to Her Majesty, in addition to the duty, interest thereon at the rate of five per cent, per annum from the date when the default begins.
References in this section to money orders issued by the Post Office shall be construed as including references to orders issued by it in pursuance of such an arrangement as is mentioned in section 24 of the Post Office Act 1953, being orders corresponding to money orders issued by the Post Office.
So far as regards the provision by it of services by means of which money may be remitted by means of money orders, the Post Office shall be deemed to be a banker for the purposes of section 31 of the Finance Act 1967 (composition by bankers of stamp duty chargeable on foreign bills of exchange presented to them for payment).
Stamp duty shall not be chargeable on a postal order (whether issued by the Post Office or another postal administration) or on a note, memorandum or writing whereby a postal order (whether issued by the Post Office or another postal administration) is acknowledged to have been paid.
for any reference to the Commissioners of Inland Revenue (except in section 119), or to Her Majesty, there shall be substituted a reference to the Ministry of Finance for Northern Ireland ;
for any reference to Great Britain there shall be substituted a reference to Northern Ireland ;
any reference (except in sections 117 and 122) to the Stamp Duties Management Act 1891 or to the Stamp Act 1891 shall be construed as a reference to that Act as it applies to stamp duties chargeable in Northern Ireland or to stamps which may denote any such duties, as the case may require ;
for the reference to the Treasury in section 115 there shall be substituted a reference to the Joint Exchequer Board established under section 32 of the Government of Ireland Act 1920 ; and
for the reference in section 125 to section 31 of the Finance Act 1967 there shall be substituted a reference to section 8 of the Finance Act (Northern Ireland) 1967.
Section 12 of the Finance Act 1895 (which, in its application to Northern Ireland, requires a person in whom property is, by virtue of an Act, vested by way of sale to produce to the Ministry of Finance for Northern Ireland a copy of the Act stamped with the duty payable on a conveyance on sale) shall not operate to require the delivery to that Ministry of a copy of this Act or any order made under section 17 of this Act or the payment of stamp duty under that section on any copy of this Act or any copy of such an order.
Section 9 of the Finance Act (Northern Ireland) 1936 (presentation to the Ministry of Finance for Northern Ireland of particulars relating to transfers of land) shall not apply in relation to any vesting of an estate or interest in land in the Post Office effected by this Act.
This section extends to Northern Ireland only.
The Treasury may dispose, before the appointed day to the Postmaster General or on or after that day to the Post Office, of their interest in the shares of Cable and Wireless Limited in consideration of such sum as they may fix (to be paid, if the disposition is to the Postmaster General, out of the Post Office Fund); and sections 1(1) of the Imperial Telegraphs Act 1938 and 3(5) of the Cable and Wireless Act 1946 (which require the payment into the Exchequer of dividends paid on the said shares) shall not apply to dividends so paid after the disposition.
The sum received by the Treasury in consideration of the disposition of their interest in the said shares shall be paid into the Consolidated Fund.
The provisions of Schedule 7 to this Act shall have effect for the purpose of securing the settlement on, or as soon as practicable after, the appointed day of outstanding financial matters with which the Postmaster General is concerned and of making provision consequential on the settlement of such of those matters as are connected with the exercise and performance by him of functions under the National Health Service Contributions Act 1965 and the Redundancy Payments Act 1965.
Section 22(2) of the National Loans Act 1968 (construction of references in that Act to the charge of payments on the National Loans Fund with recourse to the Consolidated Fund) shall have effect as if the first reference to that Act included a reference to Schedule 7 to this Act.
In section 52(2) of the Government Annuities Act 1929 (which empowers the National Debt Commissioners, with the concurrence of the Treasury, to make regulations for carrying out the provisions of Part II of that Act so far as regards any annuities or insurances granted by the Commissioners, either directly or through any parochial or other society, and so far as the trustees of savings banks are concerned), the words from “so far as regards” to “concerned” shall cease to have effect on the appointed day.
Without prejudice to section 13 of the Interpretation Act 1978, the power to make regulations under the said section 52(2), in so far as it is conferred by virtue of the foregoing subsection, may be exercised at any time after the passing of this Act as if that subsection had come into operation on the passing of this Act, but so that regulations made by virtue of that subsection shall not come into operation before the appointed day.
This section shall extend to the Isle of Man and the Channel Islands.
A fund to which this section applies is one (whether described by the addition thereto of the attribute "welfare", " benevolent" or " mutual aid " or by the addition thereto of any other attribute) the objects of which consist in, or include, the provision for persons who are, or have been, employed in the department of the Postmaster General, or for such persons of any class or description, or for the relatives or dependants of persons who are, or have been, so employed or of such persons of any class or description, of benefits in case of need, sickness or distress, and a society or organisation to which this section applies is one (however described) the objects of which are similar; and, in this section, " managers " in relation to a fund, society or organisation, means the trustees, committee or other persons entrusted with its management.
The provisions of the trust deed, rules, regulations or other instrument constituting or regulating a fund, society or organisation to which this section applies may, by resolution of the managers of the fund, society or organisation, be altered— but so that no alteration be made that alters the character of the fund, society or organisation.
so as to permit persons of any of the following descriptions, namely.— or persons who are members of a class of persons of any of those descriptions, to become members of, or subscribers to, the fund, society or organisation ;
officers or servants of the Post Office (past or present);
persons who, having been employed in the department of the Postmaster General, are or have been, in consequence of this Act, employed in the department of the Minister; and
persons who, having been employed in the department of the Postmaster General, are or have been, in consequence of this Act, employed in the Department for National Savings ;
so as, in the case of persons of the said descriptions or persons who are members of a class of persons of any of those descriptions, to entitle them and persons claiming in right of them (subject to such, if any, terms and conditions as may be specified in the resolution) to receive benefits from the fund, society or organisation if, and to the extent that, they would be entitled to receive benefits therefrom if employment by the Post Office, employment in the department of the Minister or, as the case may be, employment in the Department for National Savings were employment in the department of the Postmaster General;
If a resolution of the managers of a fund, society or organisation to which this section applies so provides, any reference in the trust deed, rules, regulations or other instrument constituting or regulating the fund, society or organisation to the Postmaster General or his department (not being a reference in a context referring, in whatever terms, to persons employed in that department or persons so employed of a specified description) shall be construed as referring (or, if the context so requires, as including a reference) to the Post Office, and any reference in that instrument, in whatever terms, to persons so employed or persons so employed of a specified description shall be construed as referring (or, if the context so requires, as including a reference) to officers and servants of the Post Office or, as the case may be, to officers and servants thereof of a corresponding description.
For the purposes of a resolution deriving validity from this section, the definition of a class of persons may be framed by reference to any circumstances whatsoever.
As from the appointed day, licences for dogs shall be issued in Great Britain by the councils having power to levy the duties thereon and so, in England and Wales, shall licences for dealing in, or killing, game.
A council in Great Britain having power to levy the duties on any such licences as aforesaid may employ persons to act as its agents for the purpose of the issue of the licences and may pay to persons employed so to act such reasonable remuneration as it thinks fit.
Any sums falling to be paid by the Secretary of State to the Post Office companyin pursuance of any agreement to which he, it and a council in England or Wales are parties, being— shall be paid out of moneys provided by Parliament.
an agreement providing for the issue by the Post Office company, on behalf of the council, of licences of all or any of the following kinds, namely, licences for dogs, licences for dealing in game and licences for killing game, and the payment by that Minister to the Post Office company of sums in consideration of its issuing the licences; . . .
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In subsection (1) above “the Post Office company” has the same meaning as in Part IV of the Postal Services Act 2000.
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Any increase attributable to the provisions of this Act in sums which, under any other enactment (other than the Ministers of the Crown Act 1964), are defrayed out of moneys provided by Parliament shall be defrayed out of moneys so provided, and any increase so attributable in sums which under any other enactment are defrayed out of the Consolidated Fund or the National Loans Fund shall be defrayed out of the first-or last-mentioned fund, as the case may be.
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The general transitional provisions contained in Schedule 9 to this Act, and the special transitional provisions with respect to patents for inventions and registered designs contained in Schedule 10 to this Act, shall have effect.
This section and the said Schedules 9 and 10 shall extend to the Isle of Man, and this section and the said Schedule 9 shall extend to the Channel Islands.
In the application of this Act to Northern Ireland—
any reference to an enactment of the Parliament of Northern Ireland (except a reference to Schedule 5 or 6 to the Roads Act (Northern Ireland) 1948) or to an enactment which that Parliament has power to amend—
shall, except in Schedule 4 to this Act, be construed as including a reference to any enactment of the Parliament of Northern Ireland passed after this Act and re-enacting the said enactment with or without modification;
shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by any enactment, whether passed before or after this Act, and including a reference thereto as extended or applied by or under any other enactment, including this Act;
“Act” and “enactment” (except in subsection (1) of the next following section) respectively include an Act and an enactment of the Parliament of Northern Ireland.
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..., regulations made by the Secretary of State under the Civil Defence Act (Northern Ireland) 1950 may apply to a universal service provider ... in connection with the provision of a universal postal service ... such of the provisions of the Civil Defence Act (Northern Ireland) 1939 (except section 7(4) thereof) relating to public utility undertakers as may be specified in the regulations and may specify the Secretary of State as the appropriate department in relation to a universal service provider ... in connection with the provision of a universal postal service ... for the purpose of the application of any provisions so specified to a universal service provider ... in connection with the provision of a universal postal service ... .
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In subsection (3) “universal service provider” and “universal postal service” have the same meaning as in Part 3 of the Postal Services Act 2011.
Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended, and including a reference thereto as extended or applied, by or under any other enactment, including this Act.
Any reference in an Act passed before the passing of this Act to an enactment which is amended by this Act shall, unless the contrary intention appears, be construed, as from the day on which the amendment takes effect, as referring to that enactment as so amended.
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The enactments specified in columns 1 and 2 of Part I of Schedule 11 to this Act shall, on the passing of this Act, be repealed to the extent specified in column 3 of that Part (but subject to the provision made at the end of that Part), the enactments specified in columns 1 and 2 of Part II of that Schedule shall, on the appointed day, be repealed to the extent specified in column 3 of that Part and the Orders in Council specified in columns 1 and 2 of Part III of that Schedule shall, on that day, be revoked to the extent specified in column 3 of that Part.
A reference in column 3 of Part II of Schedule 11 to this Act to an enactment shall be taken to refer as well to it as incorporated in any Act or other instrument as to it as originally enacted.
This section, and Parts I and II of the said Schedule 11, shall extend to the Isle of Man, so far as regards any enactment specified in those Parts that so extends, and shall extend to the Channel Islands, so far as regards any enactment so specified that so extends.
This Act may be cited as the Post Office Act 1969.