Jersey
Order in Council 21/1969
“POSTAL SERVICES (JERSEY)
ORDER, 1969”
ET
“POSTAL SERVICES
(CHANNEL ISLANDS CONSEQUENTIAL PROVISIONS) ORDER, 1969”
ET
ACTE DE PARLEMENT
INTITULE
“POST OFFICE ACT
1969”
AVEC
ACTES DE LA COUR ROYALE
Y
RELATIFS.
____________
(Enregistrés les 19
septembre et 1er octobre 1969).
A LA COUR ROYALE DE
L’ILE DE JERSEY.
____________
L’An
1969, le 19e jour de septembre.
____________
MONSIEUR LE DEPUTE BAILLI ayant présenté à la Cour un Ordre de Sa Très
Excellente Majesté en Conseil en date du 28 août 1969,
transmettant pour enregistrement et publication dans l’Ile copie de
certain Acte de Parlement intitulé : -
“The Post Office Act, 1969 (1969 Chapter 48)” ;
Lecture en ayant été donnée :
LA COUR,
conformément aux conclusions de l’Avocat Général de
la Reine, stipulant l’office de Procureur Général de la
Reine, a ordonné, en execution dudit Ordre, que tant ledit Acte de
Parlement que ledit Ordre le transmettant soient enregistrés sur les
records de cette Ile et publiés par l’Officier au lieu ordinaire
à jour de marché, afin que toutes personnes puissent en avoir
connaissance.
J.E. LE CORNU,
Commis Greffier
Judiciaire.
A LA COUR ROYALE DE
L’ILE DE JERSEY.
____________
L’An
1969, le 1er jour d’octobre.
____________
MONSIEUR LE BAILLI
ayant présenté à la Cour quatre Ordres de Sa Très
Excellente Majesté en Conseil en date du 24 septembre 1969,
intitulés : -
“The Postal Services (Jersey)
Order, 1969” ;
“The Postal Services (Channel Islands
Consequential Provisions) Order, 1969” ;
* * * * * * * * *
Lecture en ayant
été donnée :
LA COUR, conformément
aux conclusions de l’Avocat Général de la Reine, stipulant
l’office de Procureur Général de la Reine, a ordonné
que lesdits Ordres soient enregistrés sur les records de l’Ile et
publiés par l’Officier au lieu ordinaire à jour de
marché, afin que toutes personnes puissent en avoir connaissance.
J.E. LE CORNU,
Commis Greffier
Judiciaire.
POSTAL SERVICES (JERSEY) ORDER, 1969.
____________
At the Court at Balmoral.
Present
The Queen’s Most Excellent Majesty in Council.
____________
The
24th day of September, 1969.
____________
WHEREAS section 2(6) of the Post Office
Act, 1969 provides that anything done before the appointed day for the purposes
of that Act by the Postmaster General in exercise of any power conferred on the
Minister of Posts and Telecommunications by, or by virtue of, the following
provisions of that Act shall be as valid and effective for all purposes as if
it had been done by the last-named Minister ;
AND WHEREAS by the
Post Office Act, 1969 (Appointed Day) Order, 1969 the appointed day for the
purposes of that Act is 1st October, 1969 ;
AND WHEREAS an
agreement has been concluded between the Postmaster General and the States of
Jersey providing for the surrender by the Post Office, as regards the Bailiwick
of Jersey, of the privileges conferred on the Post Office by section 3 of the
Post Office Act, 1953 and the administration in that Bailiwick of postal
services by, or under the authority of, the States instead of by the Post
Office ;
NOW, THEREFORE, Her
Majesty, in exercise of the powers conferred upon Her by section 87(1) of the
Post Office Act, 1969, as read with section 88(5) thereof, is pleased, by and
with the advice of Her Privy Council, to order, and it is hereby ordered, as
follows : -
1. This
Order may be cited as the Postal Services (Jersey)
Order, 1969 and shall come into operation on 1st October, 1969.
2. This
Order applies only to the Bailiwick of Jersey.
3. The
Interpretation Act, 1889 shall apply for the purpose of the interpretation of
this Order as it applies for the purpose of the interpretation of an Act of
Parliament, and section 38 of that Act (effect of repeals) shall apply as if
this Order were an Act of Parliament.
4. The
agreement mentioned in the preamble to this Order and set out in Schedule 1
thereto shall have the force of law.
5. Sections
12, 13, 20, 23, 30, 64, 73, 79 and 84 of the Post Office Act, 1969 are hereby
repealed.
6. The
provisions of the Post Office Act, 1969 specified in Schedule 2 to this Order
shall be amended in the manner specified in relation thereto in that Schedule.
7. The
provisions of the Post Office Act, 1953, except section 65A, as inserted by
paragraph 8 of Schedule 2 to the Theft Act, 1968 (fraudulent use of public
telephone or telex system), and those specified in Schedule 3 to this Order,
are hereby repealed and the provisions so specified shall be amended in the
manner specified in relation thereto in that Schedule.
W.G. AGNEW.
SCHEDULE 1
(Article 4)
AGREEMENT BETWEEN THE POSTMASTER GENERAL AND THE STATES OF JERSEY
This agreement made the fifteenth day of August, 1969 between the
Right Honourable John Thomson Stonehouse M.P. Her Majesty’s Postmaster
General (hereinafter called “the Postmaster General”) in exercise
of the powers conferred on the Minister of Posts and Telecommunications by the Post
Office Act, 1969 and on behalf of Her Majesty of the one part and Alfred
Durrell Le Brocq Esquire Greffier of the States of Jersey (authorised by Act of
the States dated 14th August 1969) of the other part.
Whereas subsection (1) of section 87 of the Post Office Act, 1969
makes provision in the event of the conclusion of an agreement between the
Minister of Posts and Telecommunications and the States of Jersey for the
surrender by the Post Office as regards the Bailiwick of Jersey of the
privilege conferred on the Post Office by section 3 of the Post Office Act,
1953 and for the administration in that Bailiwick of postal services by or
under the authority of the States instead of by the Post Office.
And whereas subsection (6) of section 2 of the Post Office Act,
1969 provides that any thing done before the appointed day under that Act by
the Postmaster General in exercise of any power conferred on the Minister of
Posts and Telecommunications by the following provisions of that Act shall be
as valid and effective for all purposes as if it had been done by the said
Minister and that any thing done before the said day to the Postmaster General
by any other person in exercise of a power so conferred on him shall be as
valid and effective as if it had been done to the Minister.
Now it is hereby agreed as follows :
1. This
Agreement takes effect on 1st
October, 1969.
2. The
Post Office surrenders as regards the Bailiwick of Jersey the exclusive
privilege conferred on the Post Office by section 3 of the Post Office Act,
1953 and the postal services shall be administered in the Bailiwick by or under
the authority of the States of Jersey instead of by the Post Office.
3. If,
in the opinion of the Minister of Posts and Telecommunications, it is requisite
or expedient in the interests of national security or relations with the
government of a country or territory outside the British Islands or, in
relation to the Bailiwick of Jersey, in order to discharge or facilitate the
discharge of an obligation of 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 in view of that Government being a member or party as
aforesaid, or to enable that Government to become a member or party as
aforesaid, that any thing should be done or not done, the States of Jersey will
do what is necessary to secure that it is done or not, as the case may be.
In witness whereof the Postmaster General has hereunto set his hand
and seal and the said Alfred Durell Le Brocq has signed these presents for and
on behalf of the States of Jersey, the day and year first above written.
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Signed sealed
and delivered
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by the said
John Thomson Stonehouse
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John Stonehouse
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in the
presence of : -
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J. M. Goose
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Civil Servant
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G.P.O. Headquarters
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St. Martins-le-Grand
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London E.C.1.
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Signed by the
said Alfred Durell Le
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Brocq in the
presence of : -
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A. D. Le Brocq
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B. W. Keeping
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States’ Greffe
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Jersey.
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SCHEDULE 2
(Article 6)
AMENDMENTS TO THE POST OFFICE ACT, 1969 IN ITS APPLICATION TO JERSEY
1. Section
9 (general duty of the Post Office) shall apply only in relation to the power
to provide and the provision of telecommunication services.
2. Section
14 (the Post Office Users’ Councils) shall apply only in relation to
telecommunication services.
3. Section
15 (duty of the Post Office to consult the Post Office Users’ National
Council about certain proposals) shall apply only in relation to proposals
relating to telecommunication services.
4. In
section 28 (schemes for determining charges and other terms and conditions
applicable to services) in subsection (1) for the words “any of the
services” there shall be substituted the words “any of the
telecommunication services”.
5. In
section 29 (exclusion of liability of the Post Office, its officers and
servants, in relation to posts and telecommunications) in subsection (1) there
shall be omitted the words “Save as provided by the next following
section,” and in subsection (3) after the words “No person
engaged” there shall be inserted the words “by or on behalf of the
Post Office”.
6. Section
80 (provision of information to persons holding office under the Crown) shall apply
in relation to postal services as if the words “provided by the Post
Office” were omitted and as if for the words “laid on the Post
Office for the like purposes and in the like manner” there were
substituted the words “laid on an officer of the Jersey Post Office by
Her Majesty’s Attorney General for Jersey for the like purposes”,
and anything done in relation to a postal packet in pursuance of a requirement
so laid shall be deemed, for the purposes of Article 34 of the Post Office
(Jersey) Law, 1969, to have been done under the authority of that Law.
7. In
Schedule 9 (general transitional provisions), in paragraph 3 sub-paragraphs
(1)(c) and (2), and sub-paragraph (4)
so far as it relates thereto, shall be omitted.
SCHEDULE 3
(Article 7)
AMENDMENTS TO THE POST OFFICE ACT, 1953 IN ITS APPLICATION TO JERSEY
1. Section
50 (indemnity on account of extending Post Office accommodation) shall extend
to Jersey only in relation to any telegraph
office or the accommodations of the telegraphic services.
2. Section
60 (prohibition of placing injurious substances in or against post office
letter boxes or telephone kiosks) shall extend to Jersey
only in relation to any telephone kiosk or cabinet.
3. Section
61 (prohibition of affixing placards, notices, etc. on post office letter
boxes, etc.) shall extend to Jersey only in relation to any telegraph post or
other property used by or on behalf of the Post Office for telecommunication
services.
4. Section
64 (prohibition of false notice as to reception of letters, etc.) shall extend
to Jersey only in relation to the words “public telephone call
office” or to any words, letters or marks which signify or imply or may
reasonably lead the public to believe that any place is a place where the
public may make telephone calls.
5. Section
65 (obstruction and molestation of officers of the Post Office) shall extend to
Jersey only in relation to telecommunication
services.
POSTAL SERVICES (CHANNEL
ISLANDS CONSEQUENTIAL
PROVISIONS) ORDER, 1969.
____________
At
the Court at Balmoral.
____________
Present
The
Queen’s Most Excellent Majesty in Council.
____________
The
24th day of September, 1969.
____________
WHEREAS section 2(6) of the Post Office
Act, 1969 provides that anything done before the appointed day for the purposes
of that Act by the Postmaster General in exercise of any power conferred on the
Minister of Posts and Telecommunications by, or by virtue of, the following
provisions of that Act shall be as valid and effective for all purposes as if
it had been done by the last-named Minister ;
AND WHEREAS by the
Post Office Act, 1969 (Appointed Day) Order, 1969 the appointed day for the
purposes of that Act is 1st October, 1969 ;
AND WHEREAS agreements
have been concluded between the Postmaster General and the States of Jersey and
between the Postmaster General and the States of Guernsey providing for the
surrender by the Post Office, as regards the Bailiwick of Jersey and the
Bailiwick of Guernsey respectively, of the privilege conferred on the Post
Office by section 3 of the Post Office Act 1953 and the administration in the
respective Bailiwicks of postal services by, or under the authority of, the
States instead of by the Post Office :
NOW, THEREFORE, Her
Majesty, in exercise of the powers conferred upon Her by section 87(1) of the
Post Office Act 1969, as read with section 88(5) thereof, is pleased, by and
with the advice of Her Privy Council, to order, and it is hereby ordered, as
follows : -
1. This
Order may be cited as the Postal Services (Channel Islands Consequential
Provisions) Order 1969 and shall come into operation on 1st October 1969.
2. This
Order applies –
(a) to the United Kingdom;
(b) so far as it relates to
an enactment extending to the Isle of Man, to
that Isle;
(c) so far as it relates to
an enactment extending to the Channel Islands,
to those Islands.
3.-(1) Any reference in this Order to any
enactment shall, except so far as the context otherwise requires, be construed
as a reference to that enactment as amended, and as including a reference to it
as extended or applied, by or under any other enactment, including the Post
Office Act 1969, or by this Order.
(2) The
Interpretation Act, 1889 shall apply for the purpose of the interpretation of
this Order as it applies for the purpose of the interpretation of an Act of
Parliament, and section 38 of that Act (effect of repeals) shall apply as if
this Order were an Act of Parliament.
4. Section
23 of the Post Office Act 1969
(exclusive privilege of the Post Office with respect to the conveyance, etc., of
letters) shall have effect as if the privilege of the Postmaster General
referred to in that section had not extended to the Channel Islands at the
passing of that Act.
5. In
section 30 of the Post Office Act 19697 (the Post Office to be subject to
limited liability in respect of registered inland packets) for the definition
of “inland packet” in subsection (7) there shall be substituted the
following definition –
‘ “inland packet” means anything which is posted
in the United Kingdom or the Isle of Man for delivery at a place in the United
Kingdom or the Isle of Man to the person to whom it is addressed;’.
6. Section
69(3) of the Post Office Act 1969 (documentary evidence as to sums due for
services) shall have effect, in relation to the rate at which a charge was
levied in respect of a service other than a telecommunication service, as if
the Channel Islands were not included in the definition of the expression
“the British Islands” in section 86(1) thereof (interpretation).
7. Section
70 of the Post Office Act 1969 (provisions as to money and postal orders) and
section 71 thereof (recoupment of losses on money orders wrongly paid to
bankers) shall have effect as if the Channel Islands were not included in the
last-mentioned definition.
8. In
section 133 of the Post Office Act 1969 (power of managers of certain welfare
funds to preserve their scope) –
(a) in subsection (2)(a), at the end of sub-paragraph (ii) the
word “and” shall be omitted and at the end of sub-paragraph (iii)
there shall be added the word “and” and the following sub-paragraph
: -
“(iv) persons
who, having been employed in the department of the Postmaster General, are or
have been, in consequence of such an agreement as is mentioned in paragraph (b)(i) or (c)(i) of subsection (1) of section 87 of this Act and of such an
Order in Council as is mentioned in that subsection, employed by the States of
Jersey or by the States of Guernsey;”;
(b) in subsection (2)(b), after the words “department of
the Minister” there shall be omitted the words “or, as the case may
be” and after the words “Department for National Savings”
there shall be inserted the words “or, as the case may be, employment by
the States of Jersey or by the States of Guernsey”.
9. The
following provisions shall have effect with respect to section 16 of the Post
Office Act 1953 (application of customs
Acts to postal packets) : -
(a) In subsection (1) the
words “the Channel Islands” shall
be omitted and for the words “any of those islands” there shall be
substituted the words “that Isle”.
(b) Paragraph 2 of Schedule
5 to the Post Office Act 1969 (which amends the said section) shall be repealed
and the said section shall have effect as from 1st October 1969 as if that paragraph had not
been enacted.
(c) Subsection (1) of the
said section shall have effect in its application to the Isle of Man, in
relation to goods contained in postal packets to which that section applies
brought into or sent out of the Isle of Man by post from or to the United
Kingdom or any place outside the British postal area, as it has effect in
relation to goods contained in postal packets brought into or sent out of the
United Kingdom by post from or to the Isle of Man or any place outside the
British postal area.
(d) Subsection (2)(d) of the said section shall have effect
as if the Bailiwick of Jersey and the Bailiwick of Guernsey were included in
the expression “any other country”.
(e) Paragraph (c) of this Article shall be construed as
one with the Post Office Act 1953.
10. In
section 17 of the Post Office Act 1953
(power to detain postal packets containing contraband) the words “the Channel Islands” shall be omitted.
11. Section
24 of the Post Office Act 19539 (arrangements with other countries as to money orders)
shall have effect as if the Bailiwick of Jersey and the Bailiwick of Guernsey
were included in the expression “any other country”.
12. Section
63 of the Post Office Act 19539 (prohibition of fictitious stamps) shall have effect as
if the Bailiwick of Jersey and the Bailiwick of Guernsey were countries outside
the British postal area.
13. In
section 70(2) of the Post Office Act 1953,9 as substituted by paragraph 10 of
Schedule 2 to the Theft Act 1968 (prosecution of certain offences in any
jurisdiction of British postal area) for the words “of the Isle of Man
and of the Channel Islands” there shall be substituted the words
“and of the Isle of Man”.
14. In
section 87(1) of the Post Office Act 19539 (interpretation) in the definition of
“British postal area” the words “the Channel
Islands” shall be omitted.
W.G.AGNEW.
POST OFFICE ACT, 1969.
CHAPTER 48
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ARRANGEMENT OF SECTIONS.
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PART
I.
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ABOLITION
OF OFFICE OF MASTER OF THE POST OFFICE.
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Section
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1.
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Abolition of office of master of the Post
Office.
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PART
II.
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THE
MINISTER OF POSTS AND TELECOMMUNICATIONS AND HIS FUNCTIONS.
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2.
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The Minister of Posts and
Telecommunications.
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3.
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Transfer to the Minister of the Postmaster General’s
functions with respect to wireless telegraphy, and provisions consequential
thereon.
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4.
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Transfer to the Minister of the Postmaster General’s functions
under section 6 of the Commonwealth Telegraphs Act, 1949.
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5.
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Transfer to the Minister of the Postmaster General’s power
to make orders under the Recorded Delivery Service Act, 1962.
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PART
III.
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THE
NEW AUTHORITY FOR THE CONDUCT OF POSTAL AND TELEGRAPHIC BUSINESS.
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The Post Office.
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6.
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The Post Office.
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Powers and Duties of the Post Office.
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7.
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Powers of the Post Office.
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8.
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Furnishing of overseas aid by the Post
Office.
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9.
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General duty of the Post Office.
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10.
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Power to promote and oppose Bills,
&c.
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Powers of the Minister of Posts and
Telecommunications over the Post Office.
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11.
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General ministerial control and
supervision of the Post Office.
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12.
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Power of the Minister to direct the Post Office to do work for
government departments and local authorities.
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13.
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Restriction of carrying on by the Post Office and its subsidiaries
of certain activities.
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The Post Office Users’ Councils.
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14.
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The Post Office Users’ Councils.
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15.
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Duty of the Post Office to consult the Post Office Users’
National Council about certain proposals.
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General Provisions as to Transfer to the Post Office
of Property, Rights and Liabilities of the Postmaster General.
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16.
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Vesting in the Post Office of property, rights and liabilities
generally.
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Section
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17.
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Power of the Minister to override section 16 in case of difficulty
or uncertainty.
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18.
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Vesting in the Post Office of rights and liabilities under certain
contracts conferring on the Crown incidental rights as to patents, &c.
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19.
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Transfer of assets of the Post Office Fund and general reserve, of
certain other moneys, and of certain investments.
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Transfer to the Post Office of the Postmaster General’s
statutory Rights and Liabilities as to Mails and Telegraphs and of Rights and
Liabilities, &c., of his under certain Acts authorising the Acquisition
of Land or the Execution of Works.
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20.
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Rights and liabilities as to conveyance
of mails.
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21.
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Rights and liabilities as to telegraphs.
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22.
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Rights and liabilities, &c., arising out of Acts authorising
the acquisition of land or the execution of works.
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Exclusive Privilege of the Post Office with respect
to the Conveyance, &c., of Letters.
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23.
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Exclusive privilege of the Post Office with respect to the
conveyance, &c., of letters.
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Exclusive Privilege of the Post Office with respect
to Telecommunication.
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24.
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Exclusive privilege of the Post Office with respect to
telecommunication.
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25.
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General classes of acts not infringing the telecommunication
privilege.
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26.
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Acts relating to broadcasting not infringing the telecommunication
privilege.
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27.
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Saving for things done under licence.
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Charges and other Terms and Conditions applicable to
Service.
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28.
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Schemes for determining charges and other terms and conditions
applicable to services.
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Limitation of Liability.
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29.
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Exclusion of liability of the Post Office, its officers and
servants, in relation to posts and telecommunications.
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30.
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The Post Office to be subject to limited liability in respect of
registered inland packets.
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Finance.
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31.
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General duty of the Post Office as to
finance.
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32.
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General reserve.
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33.
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The Post Office’s commencing
capital debt.
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34.
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The Post Office to be liable in respect of loans and guarantees
under section 8 of the Post Office Act, 1961.
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35.
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The Post Office’s borrowing powers.
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36.
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Limitation of indebtedness.
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37.
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Loans by the Minister to the Post Office.
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38.
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Treasury guarantees.
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39.
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Accounts of the Minister with reference to Post Office
indebtedness to him.
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Banking.
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Section
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40.
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The Post Office as banker.
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41.
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The Post Office’s liabilities as banker to be matched by
cash and liquid assets.
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The Post Office’s Accounts, and Audit thereof.
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42.
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The Post Office’s accounts, and
audit thereof.
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Pensions and other Benefits.
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43.
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Staff pensions.
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44.
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The Post Office to pay pensions, &c., referable to the service
of certain former civil servants.
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45.
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Amendment of sections 12 and 13 of the Superannuation Act, 1965.
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46.
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The Post Office to be liable, in certain cases, for part payment
of pensions of certain former civil servants.
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47.
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Making, by the Minister, in consideration of the Exchequer’s
being relieved of certain liabilities with respect to pensions, of payments
to trustees appointed by the Post Office.
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48.
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Amendment of section 6 of the Commonwealth Telegraphs Act, 1949.
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49.
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Provisions as to pensions of former employees of Cable and
Wireless Limited and certain other persons.
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50.
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The Post Office to continue payment of the remaining pension under
the Injuries in War (Compensation) Act, 1915.
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51.
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Payments to the Post Office out of the National Insurance Fund and
the Industrial Injuries Fund.
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Rating.
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52.
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Rating in England and Wales.
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53.
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Rating in Scotland.
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54.
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Rating in Northern Ireland.
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Lands.
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55.
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Compulsory purchase of land in Great
Britain.
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56.
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Compulsory purchase of land in Northern
Ireland.
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57.
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Entry, for exploratory purposes, on land
in England or Wales.
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58.
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Entry, for exploratory purposes, on land
in Scotland.
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59.
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Entry, for exploratory purposes, on land
in Northern Ireland.
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60.
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Application, to acquisitions of land by the Post Office by
agreement, of certain statutory provisions relating to compulsory purchase.
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61.
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Power to sell to the Post Office land belonging to Her Majesty in
right of the Duchy of Lancaster.
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62.
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Requisitions on title as to Treasury consent to dealings with land
precluded.
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63.
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Status of land vested in the Post Office
by virtue of Part III.
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Miscellaneous Matters.
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64.
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Inviolability of mails.
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65.
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Obligation of secrecy.
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66.
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Harbour charges on mail-bags.
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67.
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Mail-bags not to be subject to control by
harbour authorities.
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68.
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Abolition of exemptions from tolls.
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69.
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Documentary evidence as to sums due for
services.
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Section
|
|
|
70.
|
Provisions as to money and postal orders.
|
|
|
71.
|
Recoupment of losses on money orders wrongly paid to bankers.
|
|
|
72.
|
Remuneration of the Post Office for services rendered in relation
to parliamentary elections.
|
|
|
73.
|
Reimbursement by the Post Office of the Minister of contributions
to international organisations.
|
|
|
74.
|
Taxation of the Post Office’s
profits and capital gains.
|
|
|
75.
|
Records.
|
|
|
76.
|
Consequential adaptations of enactments.
|
|
|
77.
|
Repair of minor statutory deficiencies.
|
|
|
78.
|
Penalization of improper use of
telecommunication services.
|
|
|
79.
|
Amendment of law as to packets addressed
to a poste restante.
|
|
|
80.
|
Provision of information to persons holding office under the
Crown.
|
|
|
81.
|
Modification of enactments relating to
wages councils.
|
|
|
82.
|
Power of the Minister, pending transfer to the Minister of
Transport from county councils of functions connected with issue of vehicle
excise licences, to direct the Post Office to issue such licences.
|
|
|
83.
|
Repeal of certain provisions of the
Telegraph Act, 1868.
|
|
|
84.
|
Exemption from postage of certain petitions and addresses, and
limitation of amount of postage recoverable in respect of parliamentary
proceedings.
|
|
|
85.
|
Final accounts under the Post Office Act,
1961.
|
|
|
86.
|
Interpretation of Part III.
|
|
|
87.
|
Power of Her Majesty in Council to make necessary provision if the
Post Office surrenders privileges as regards the Isle of Man or the Channel
Islands.
|
|
|
Extent of Part III and related Schedules.
|
|
|
88.
|
Extent of Part III and related Schedules.
|
|
|
PART IV.
|
|
|
CONTROL
OF PROGRAMME DISTRIBUTION SYSTEMS.
|
|
|
89.
|
Licensing of distribution systems.
|
|
|
90.
|
Provisions as to licences under section 89.
|
|
|
91.
|
Entry and search of premises.
|
|
|
92.
|
Orders and regulations.
|
|
|
PART
V.
|
|
|
PROVISIONS FOR SECURING THE CONTINUANCE OF THE CARRYING ON, UNDER
THE AUSPICES OF A DIRECTOR OF SAVINGS IN PLACE OF THE POSTMASTER GENERAL OF
CERTAIN FINANCIAL BUSINESS.
|
|
|
The Director of Savings.
|
|
|
93.
|
Appointment, and functions and expenses, &c., of the Director
of Savings.
|
|
|
Replacement of the Postmaster General by the
Director of Savings for the Purposes of the Post Office Savings Bank Acts,
1954 and 1966, and Provisions consequential thereon.
|
|
|
94.
|
The National Savings Bank.
|
|
|
95.
|
Application of ordinary deposits.
|
|
|
96.
|
Consequential amendment of section 3 of the Post Office Savings
Bank Act, 1966.
|
|
|
Section
|
|
|
97.
|
Debit to the National Savings Bank Investment Account Fund of
expenses of the Director of Savings and contributions in lieu of tax.
|
|
|
98.
|
Annual statement with respect to ordinary deposits and expenses.
|
|
|
99.
|
Adjustment of balances relating to
ordinary deposits.
|
|
|
100.
|
Annual accounts with respect to investment
deposits.
|
|
|
101.
|
Ultimate liability of the Consolidated Fund for repayment of
deposits.
|
|
|
102.
|
Certain sums to be treated as expenses incurred by the Director of
Savings.
|
|
|
103.
|
Amendment of section 10(1) of the Post Office Savings Bank Act,
1954.
|
|
|
104.
|
Amendment of section 12(3) of the Post Office Savings Bank Act,
1954.
|
|
|
105.
|
Parliamentary control of regulation-making powers under the Post
Office Savings Bank Acts, 1954 and 1966.
|
|
|
106.
|
Selective employment refunds referable to employment in the
National Savings Bank.
|
|
|
107.
|
Vesting in the Minister of Public Building and Works of the
Postmaster General’s interest in certain lands in Hammersmith.
|
|
|
Replacement of the Postmaster General by the
Director of Savings for the Purposes of the National Debt Act, 1958 and the
National Loans Act, 1968, and Provisions consequential thereon.
|
|
|
108.
|
The stock register kept under Part I of the National Debt Act,
1958.
|
|
|
109.
|
Power of the Treasury to raise money under the auspices of the
Director of Savings.
|
|
|
110.
|
Amendment of section 12 of the National
Debt Act, 1958.
|
|
|
111.
|
Power to replace lost or destroyed bonds issued by the Postmaster
General or the Director of Savings.
|
|
|
112.
|
Amendment of section 35 of the Finance
Act, 1961.
|
|
|
Credits to the Post Office in respect of certain
capital Expenditure incurred by the Postmaster General in Connection with
annuity, savings bank and national debt Functions.
|
|
|
113.
|
Credits to the Post Office in respect of certain capital
expenditure incurred by the Postmaster General in connection with annuity,
savings bank and national debt functions.
|
|
|
Extent of Part V and Schedule 6.
|
|
|
114.
|
Extent of Part V and Schedule 6.
|
|
|
PART
VI.
|
|
|
STAMPS
AND STAMP DUTIES.
|
|
|
Stamps.
|
|
|
115.
|
Use of postage stamps for revenue
purposes.
|
|
|
116.
|
Allowance by Commissioners of Inland Revenue for spoiled postage
stamps.
|
|
|
Section
|
|
|
117.
|
Application of section 9 of the Stamp Act, 1891, and provisions as
to proceedings thereunder relating to postage stamps.
|
|
|
118.
|
Application of section 13 of the Stamp Duties Management Act, 1891
to frauds touching postage stamps, and consequential amendment of section 16
of that Act.
|
|
|
119.
|
Power of the Commissioners of Inland Revenue to stamp paper for
the Post Office.
|
|
|
120.
|
Validity of existing stamps.
|
|
|
121.
|
Amendment of the Insurance Acts as to stamps for payment of
contributions.
|
|
|
122.
|
Power to apply to national savings stamps provisions with respect
to revenue and postage stamps.
|
|
|
123.
|
Meaning of “postage” and
“postage stamp”.
|
|
|
Stamp Duties.
|
|
|
124.
|
Composition for stamp duty on the Post
Office’s money orders.
|
|
|
125.
|
Composition for stamp duty on foreign money orders presented to
the Post Office for payment.
|
|
|
126.
|
Postal orders to be exempt from stamp
duty.
|
|
|
127.
|
Extension of section 52 of the Finance
Act, 1946.
|
|
|
Special Provisions with
respect to Northern Ireland.
|
|
|
128.
|
Application of foregoing provisions of Part VI to Northern
Ireland.
|
|
|
129.
|
Exemption of Act from stamp duty in
Northern Ireland.
|
|
|
PART
VII.
|
|
|
MISCELLANEOUS
AND GENERAL.
|
|
|
130.
|
Power of the Treasury to dispose of their interest in the shares
of Cable and Wireless Limited.
|
|
|
131.
|
Settlement of certain financial matters outstanding on the
appointed day.
|
|
|
132.
|
Extension of regulation-making power under section 52(2) of the
Government Annuities Act, 1929.
|
|
|
133.
|
Power of managers of certain welfare funds to preserve their
scope.
|
|
|
134.
|
Issue by local authorities in Great Britain of dog and game
licences. 135.
|
|
|
135.
|
Remuneration of the Post Office for issuing dog and game licences
in England and Wales.
|
|
|
136.
|
Expenses.
|
|
|
137.
|
Cesser of obsolete, &c., enactments.
|
|
|
138.
|
Transitional provisions.
|
|
|
139.
|
Application to Northern Ireland.
|
|
|
140.
|
Construction of references to enactments.
|
|
|
141.
|
Repeals.
|
|
|
142.
|
Short title.
|
|
|
|
|
|
|
|
|
Schedule
1
|
–
|
Incidental provisions with respect to the Post Office
and the members thereof.
|
|
Schedule
2
|
–
|
Classes of assets to be held by the Post Office to
match its debts to its banking customers.
|
|
Schedule
3
|
–
|
Modifications of Schedules 5 and 6 to the Roads Act
(Northern Ireland) 1948 for the purposes of orders made under section 56 of
this Act.
|
|
Schedule
4
|
–
|
Adaptations of enactments and Orders in Council
consequential on the assumption by the new authority for the conduct of
postal and telegraphic business of functions exercised and performed before
the appointed day by the Postmaster General.
|
|
Schedule 5
|
–
|
Repair of
minor deficiencies in certain Acts.
|
|
Schedule
6
|
–
|
Amendments of Acts consequential on section 94 of
this Act.
|
|
Schedule
7
|
–
|
Settlement of financial matters outstanding on the
appointed day.
|
|
Schedule 8
|
–
|
Obsolete,
&c., enactments ceasing to have effect.
|
|
Schedule 9
|
–
|
General
transitional provisions.
|
|
Schedule 10
|
–
|
Special transitional provisions with respect to
patents for inventions and registered designs.
|
|
Schedule 11
|
–
|
Repeals and revocations.
|
ELIZABETH II

1969 CHAPTER 48
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.
[25th July, 1969].
BE IT ENACTED by the Queen’s most
Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows :
-
PART I
ABOLITION OF OFFICE OF MASTER OF THE
POST OFFICE
ABOLITION OF OFFICE OF MASTER OF THE POST OFFICE
1.-(1) 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.
(2) 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.
PART II
THE MINISTER OF POSTS AND
TELECOMMUNICATIONS AND HIS FUNCTIONS
THE MINISTER OF POSTS AND TELECOMMUNICATIONS
2.-(1) It shall be lawful for Her Majesty to
appoint (but so that the first appointment made shall not take effect before the
appointed day) a Minister of Posts and Telecommunications who shall have
–
(a) 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
(b) such functions as are
conferred on him by those provisions.
(2) 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.
(3) The
offices of Minister of Posts and Telecommunications and of Parliamentary
Secretary to the Ministry of Posts and Telecommunications shall be included
–
(a) 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
(b) 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.
(4) 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.
(5) 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.
(6) In
the following provisions of this Act, “the Minister” means the
Minister of Posts and Telecommunications, but anything done before the
appointed day by the Postmaster General in exercise of any power or duty
conferred or imposed on the Minister by, or by virtue of, the following
provisions of this Act shall be as valid and effective for all purposes as if
it had been done by the Minister, and anything done before that day to the
Postmaster General by any other person in exercise of a power so conferred on
him shall be as valid and effective as if it had been done to the Minister.
(7) In
consequence of subsection (3) above –
(a) 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
(b) in Schedule 1 to the
Ministerial Salaries Consolidation Act 1965, immediately before the entry
relating to the Ministry of Power there shall be inserted the following entry
–
|
“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”.
|
TRANSFER TO THE MINISTER OF THE POSTMASTER GENERAL’S
FUNCTIONS WITH RESPECT TO WIRELESS TELEGRAPHY, AND PROVISIONS CONSEQUENTIAL
THEREON
3.-(1) The functions which, immediately before
the appointed day, are vested in the Postmaster General by virtue of the
following provisions, namely, –
(a) 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
(b) those of the Television
Act 1964;
shall, on that day, vest in the Minister; and, accordingly, as from
that day, –
(i) 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
(ii) 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.
(2) As
from the appointed day, –
(a) 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);
(b) 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: -
“3.-(1) There shall be paid by the Minister of
Posts and Telecommunications –
(a) the
expenses, to such extent as he may determine, incurred by an advisory committee
under this Schedule; and
(b) such
sums as he may determine in respect of the expenses of the members of the
committee.
(2) The
approval of the Treasury shall be requisite to a determination under head (a) of the foregoing sub-paragraph and
that of the Minister for the Civil Service to a determination under head (b) of that sub-paragraph”.
(3) 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).
(4) 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.
(5) The
surplus of sums received under the Wireless Telegraphy Act 194918 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.
(6) 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.
TRANSFER TO THE MINISTER OF THE POSTMASTER GENERAL’S
FUNCTIONS UNDER SECTION 6 OF THE COMMONWEALTH TELEGRAPHS ACT 1949
4. 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.
TRANSFER TO THE MINISTER OF THE POSTMASTER GENERAL’S POWER TO
MAKE ORDERS UNDER THE RECORDED DELIVERY SERVICE ACT 1962
5. 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.
PART III
THE NEW AUTHORITY FOR THE CONDUCT
OF POSTAL AND TELEGRAPHIC BUSINESS
The Post Office
THE POST OFFICE
6.-(1) 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.
(2) The
Post Office shall consist of a chairman and, to a number not exceeding twelve
nor falling short of –
(a) 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
(b) six, after the
expiration of that period,
of other members, whether part-time or full-time.
(3) 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.
(4) Schedule
1 to this Act shall have effect as respects the Post Office and the members
thereof.
(5) 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 privileges 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.
Powers and Duties of the Post Office
POWERS OF THE POST OFFICE
7.-(1) The Post Office shall have power –
(a) to provide postal
services (including cash on delivery services) and telecommunication services;
(b) 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;
(c) to provide data
processing services; and
(d) 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.
(2) 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 –
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) 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;
(g) 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;
(h) 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;
(i) 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;
(j) 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;
(k) 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;
(l) to promote the
doing of such work as is requisite to enable there to be turned to account
–
(i) the
results of research (whether promoted by it or not) into matters affecting, or
arising out of, the carrying on of its business;
(ii) the
results of research promoted by it into other matters;
(m) 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;
(n) to carry for hire or
reward passengers in vehicles used by it for the purposes of its business;
(o) 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;
(p) to provide houses,
hostels and other like accommodation for persons engaged in its business;
(q) 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);
(r) 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;
and may turn its resources to account so far as not required for
the purposes of its business.
(3) 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.
(4) The
Post Office shall not be regarded as a common carrier in respect of any of its
activities.
(5) 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.
(6) Nothing
in this section shall be taken to confine the exercise of the powers thereby
conferred on the Post Office to the British Islands.
FURNISHING OF OVERSEAS AID BY THE POST OFFICE
8. The
Post Office shall have power –
(a) 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;
(b) 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.
GENERAL DUTY OF THE POST OFFICE
9.-(1) 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.
(2) In
discharging the duty imposed on it by the foregoing subsection, the Post Office
shall have regard –
(a) to the desirability of
improving and developing its operating systems;
(b) to developments in the
field of communications; and
(c) to efficiency and
economy.
(3) 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.
(4) 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.
POWER TO PROMOTE AND OPPOSE BILLS, &C
10. The
Post Office may, with the consent of the Minister, promote, and may, without
any such consent, oppose, Bills in Parliament, Bills in the Parliament of
Northern Ireland and orders under the Private Legislation Procedure (Scotland)
Act 1936.
Powers of the Minister of Posts and Telecommunications over the
Post Office
GENERAL MINISTERIAL CONTROL AND SUPERVISION OF THE POST OFFICE
11.-(1) 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.
(2) 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.
(3) Without
prejudice to the foregoing provisions of this section, if it appears to the
Minister to be requisite or expedient so to do –
(a) in the interests of
national security or relations with the government of a country or territory
outside the British
Islands; or
(b) in order –
(i) 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;
(ii) 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
(iii) 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;
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.
(4) If
it appears to the Minister that the Post Office is showing undue 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.
(5) The
Post Office shall comply with directions given to it under any of the foregoing
provisions of this section.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
* * * * * * * * * *
The Post Office Users’ Councils
THE POST OFFICE USERS’ COUNCILS
14.-(1) There shall be established, in
accordance with the provisions of this section, –
(a) a users’ council
for the British Islands, to be called “the Post
Office Users’ National Council”; and
(b) 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”;
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”.
(2) The
National Council shall consist of –
(a) a chairman appointed by
the Minister;
(b) the chairmen of the
Country Councils;
(c) 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;
(d) such other members, not
exceeding three, as the Minister may appoint without any such consultation;
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.
(3) 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.
(4) 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.
(5) A
person who has held office as a member of a council established under this
section shall be eligible for reappointment.
(6) 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.
(7) 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.
(8) It
shall be the duty of each of the Country Councils –
(a) to consider –
(i) 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
(ii) 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 ;
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 ;
(b) 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.
(9) It
shall be the duty of the National Council –
(a) to consider –
(i) 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
(ii) 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 ;
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 ;
(b) 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 ;
(c) to consider any matter
referred to it under subsection (6) above and to report thereon to the Minister
and the Post Office.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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.
(19) 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.
(20) 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”.
DUTY OF THE POST OFFICE TO CONSULT THE POST OFFICE USERS’
NATIONAL COUNCIL ABOUT CERTAIN PROPOSALS
15.-(1) 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.
(2) 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.
(3) 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.
(4) 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.
General Provisions as to Transfer to the Post Office of Property,
Rights and Liabilities of the Postmaster General
VESTING IN THE POST OFFICE OF PROPERTY, RIGHTS AND LIABILITIES
GENERALLY
16.-(1) On the appointed day, there shall vest
by virtue of this section in the Post Office –
(a) all property which,
immediately before that day, is vested in the Postmaster General and held in
trust for Her Majesty ;
(b) all works and apparatus
belonging to the Postmaster General to which the enactments relating to
telegraphs apply ;
(c) 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
;
(d) 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 ;
(e) 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 or property falling
within paragraph (b) or (c) above) ;
(f) 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) ;
(g) 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).
(2) The
following shall be excepted from the operation of the foregoing subsection,
namely, –
(a) 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 ;
(b) records within the
meaning of the Public Records Act 1958;
(c) copyright (other than
copyright in registered designs) ;
(d) 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 ;
(e) rights and liabilities
for whose vesting in the Post Office provision is so made ;
(f) 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) ;
(g) 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) ;
(h) 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) ;
(i) 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
(j) 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).
POWER OF THE MINISTER TO OVERRIDE SECTION 16 IN CASE OF DIFFICULTY
OR UNCERTAINTY
17.-(1) 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 –
(a) 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
(b) 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.
(2) 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.
(3) 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).
VESTING IN THE POST OFFICE OF RIGHTS AND LIABILITIES UNDER CERTAIN
CONTRACTS CONFERRING ON THE CROWN INCIDENTAL RIGHTS AS TO PATENTS, &C
18.-(1) 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 –
(a) 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
(b) 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.
(2) 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.
TRANSFER OF ASSETS OF THE POST OFFICE FUND AND GENERAL RESERVE, OF
CERTAIN OTHER MONEYS, AND OF CERTAIN INVESTMENTS
19.-(1) 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.
(2) On
the appointed day, there shall vest in the Post Office, by virtue of this
section, –
(a) 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 ;
(b) any right of the
Postmaster General to repayment of Ways and Means advances made by him under
section II (investment powers) of the Post Office Act 1961 ;
(c) any bills or securities
vested in him in consequence of an exercise of the power of investment
conferred on him by that section ; and
(d) any shares acquired by
him under Part VII of this Act.
Transfer to the Post Office of the Postmaster General’s
statutory Rights and Liabilities as to Mails and Telegraphs and of Rights and
Liabilities, &c., of his under certain Acts authorising the Acquisition of
Land or the Execution of Works
* * * * * * * * * *
RIGHTS AND LIABILITIES AS TO TELEGRAPHS
21.-(1) 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, –
(a) 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
(b) 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.
(2) 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.
RIGHTS AND LIABILITIES, &C., ARISING OUT OF ACTS AUTHORISING
THE ACQUISITION OF LAND OR THE EXECUTION OF WORKS
22. * * * * *
* * *
Exclusive Privilege of the Post Office with respect to
Telecommunication
* * * * * * * * * *
EXCLUSIVE PRIVILEGE OF THE POST OFFICE WITH RESPECT TO
TELECOMMUNICATION
24.-(1) 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 –
(a) speech, music and other
sounds ;
(b) visual images ;
(c) 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
(d) signals serving for the
actuation or control of machinery or apparatus.
(2) 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, –
(a) on summary conviction,
to a fine not exceeding £400 ;
(b) on conviction on
indictment, to a fine or to imprisonment for a term not exceeding two years, or
to both,
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.
(3) 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.
(4) 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.
GENERAL CLASSES OF ACTS NOT INFRINGING THE TELECOMMUNICATION
PRIVILEGE
25.-(1) The privilege conferred by subsection
(1) of the last foregoing section is not infringed by –
(a) 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 ;
(b) the running by a person
of a system in the case of which all the apparatus comprised therein is situate
either –
(i) on
a single set of premises occupied by him ; or
(ii) in
a vehicle, vessel, aircraft or hovercraft or in two or more vehicles, vessels,
aircraft or hovercraft mechanically coupled together ; or
(c) the running by a single
individual of a system in the case of which –
(i) all
the apparatus comprised therein is under his control ; and
(ii) everything
conveyed by it that falls within paragraphs (a)
to (d) of the said subsection (1) is
conveyed solely for domestic purposes of his.
(2) In
the case of a business carried on by a person, the said privilege is not
infringed by the running, for the purposes of that business, of a system with
respect to which, –
(a) 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 ;
(b) 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 ;
provided –
(i) 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 ;
(ii) 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 ;
(iii) 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
(iv) 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.
(3) 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.
(4) 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.
ACTS RELATING TO BROADCASTING NOT INFRINGING THE TELECOMMUNICATION
PRIVILEGE
26.-(1) 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.
(2) In
this section, “broadcasting authority” means a person licensed
under the Wireless Telegraphy Act 194927 to broadcast programmes for general
reception and “wireless telegraphy” has the same meaning as in that
Act.
SAVING FOR THINGS DONE UNDER LICENCE
27.-(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) In
the application of subsection (4) above to Scotland, the words “as if it
were a simple contract debt” shall be omitted.
(8) 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.
(9) 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 circumstance whatever.
Charges and other Terms and Conditions applicable to Services
SCHEMES FOR DETERMINING CHARGES AND OTHER TERMS AND CONDITIONS
APPLICABLE TO SERVICES
28.-(1) The Post Office may make, as respects
[any of the telecommunication services] provided by it, a scheme for
determining either or both of the following, namely, –
(a) 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
(b) the other terms and
conditions which (save as aforesaid) are to be applicable to those services ;
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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) A
scheme made under this section may revoke or amend any previous scheme so made.
(7) 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.
(8) In
the application of subsection (5) above to Scotland, the words “as if it
were a simple contract debt” shall be omitted.
Limitation of Liability
EXCLUSION OF LIABILITY OF THE POST OFFICE, ITS OFFICERS AND
SERVANTS, IN RELATION TO POSTS AND TELECOMMUNICATIONS
29.-(1) * * * * * * * * no proceedings in tort
shall lie against the Post Office in respect of any loss or damage suffered by
any person by reason of –
(a) 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 ;
(b) failure to provide, or
delay in providing, a telecommunication service, apparatus associated therewith
or a service ancillary thereto ;
(c) 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
(d) error in, or omission
from, a directory for use in connection with a telecommunication service.
(2) 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.
(3) No
person engaged [by or on behalf of the Post Office] 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.
(4) 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.
* * * * * * * * * *
Finance
GENERAL DUTY OF THE POST OFFICE AS TO FINANCE
31.-(1) 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.
(2) 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.
GENERAL RESERVE
32.-(1) Without prejudice to its power to
establish specific reserves, the Post Office shall establish and maintain a
general reserve.
(2) 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.
(3) None
of the moneys comprised in the Post Office’s general reserve shall be
applied otherwise than for the purposes of the Post Office.
(4) 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 POST OFFICE’S COMMENCING CAPITAL DEBT
33.-(1) The Post Office shall, on the appointed
day, assume a debt due to the Minister whereof the amount shall (subject to the
effect of any direction given under section 17 of this Act) be the excess of
the aggregate of the following amounts:
-
(a) 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
(b) so much of the amount
referred to in section 13(2) of that Act as remains outstanding immediately
before that day ;
over the aggregate of –
(i) 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
(ii) 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.
(2) 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.
(3) 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.
(4) 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.
THE POST OFFICE TO BE LIABLE IN RESPECT OF LOANS AND GUARANTEES
UNDER SECTION 8 OF THE POST OFFICE ACT 1961
34.-(1) 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.
(2) 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.
(3) 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’S BORROWING POWERS
35.-(1) 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.
(2) 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, –
(a) 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 ;
(b) provision of working
capital required by it ;
(c) 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 ;
(d) 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 ;
(e) any other purpose for
which capital moneys are properly applicable.
(3) 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.
(4) References
in this section to borrowing by the Post Office do not include –
(a) borrowing by it from a
body corporate which is its subsidiary ;
(b) receiving money in its
capacity as the provider of any services or using money received in that
capacity.
(5) 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 Regulations Act (Northern Ireland)
1946 or from the provisions of the Exchange Control Act 1947.
(6) This
section shall come into operation on the appointed day.
LIMITATION OF INDEBTEDNESS
36.-(1) The Post Office shall not have power to
borrow money except in accordance with the last foregoing section.
(2) The
aggregate of –
(a) the amount outstanding
in respect of the principal of any money borrowed under the last foregoing
section by the Post Office ; and
(b) so much as is
outstanding of the debt assumed by it by virtue of section 33 of this Act ;
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.
(3) 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.
(4) Subsection
(4) of the last foregoing section shall apply for the purposes of this section
as it applies for the purposes of that.
LOANS BY THE MINISTER TO THE POST OFFICE
37.-(1) 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.
(2) 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.
(3) 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.
(4) Any
sums received under subsection (2) above by the Minister shall be paid into the
National Loans Fund.
TREASURY GUARANTEES
38.-(1) 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.
(2) 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.
(3) Any
sums required by the Treasury for fulfilling a guarantee under this section
shall be charged on and issued out of the Consolidated Fund.
(4) 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.
(5) Any
sums received under the last foregoing subsection by the Treasury shall be paid
into the Consolidated Fund.
ACCOUNTS OF THE MINISTER WITH REFERENCE TO POST OFFICE INDEBTEDNESS
TO HIM
39. The
Minister shall, as respects each financial year, prepare in such form and
manner as the Treasury may direct, an account of sums received by him as
mentioned in section 33(3) of this Act, of sums received by him under
subsection (2) of section 37 of this Act and of sums issued to him under
subsection (3) of that section and of the disposal by him of those sums
respectively, and send it to the Comptroller and Auditor General not later than
the end of November following the year ; and the Comptroller and Auditor
General shall examine, certify and report on the account and lay copies of it,
together with his report, before each House of Parliament.
Banking
THE POST OFFICE AS BANKER
40. So
far as regards the provision by it, in exercise of the power conferred on it by
virtue of section 7(1)(b) of this
Act, of a banking service, the Post Office shall be deemed for all purposes to
be a bank and a banker and to be carrying on the business of banking and a
banking undertaking, but shall not be required to furnish to the Commissioners
of Inland Revenue any returns under the provisions of section 21 of the Bank
Charter Act 1844 or section 13 of the Bank Notes (Scotland) Act 1845.
THE POST OFFICE’S LIABILITIES AS BANKER TO BE MATCHED BY CASH
AND LIQUID ASSETS
41. So
long as the Post Office provides, in exercise of the power conferred on it by
virtue of section 7(1)(b) of this
Act, a banking service, it shall be its duty to secure that, at every point of
time in any period, –
(a) 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
(b) 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’s Accounts, and Audit thereof
THE POST OFFICE’S ACCOUNTS, AND AUDIT THEREOF
42.-(1) 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.
(2) 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.
(3) 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.
Pensions and other Benefits
STAFF PENSIONS
43.-(1) 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.
(2) 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.
THE POST OFFICE TO PAY PENSIONS, &C., REFERABLE TO THE SERVICE
OF CERTAIN FORMER CIVIL SERVANTS
44.-(1) 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 : -
(a) 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 –
(i) ceased
to be a civil servant before that day ; and
(ii) 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 ;
(b) 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
(c) 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.
(2) Where,
in the case of such a person as aforesaid, the following conditions are
satisfied, namely, –
(a) 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
(b) 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
–
(i) a
completed year of service which begins on or after the appointed day ; or
(ii) 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.
AMENDMENT OF SECTIONS 12 AND 13 OF THE SUPERANNUATION ACT 1965
45.-(1) Section 12 of the Superannuation Act
1965 (cessation or reduction of superannuation allowance in 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.
(2) 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.
THE POST OFFICE TO BE LIABLE, IN CERTAIN CASES, FOR PART PAYMENT OF
PENSIONS OF FORMER CIVIL SERVANTS
46. Where,
in the case of a person who has ceased to be a civil servant, the following
conditions are satisfied, namely, –
(a) that, immediately
before he so ceased, he was employed elsewhere than in the department of the
Postmaster General ;
(b) 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
(c) that, on the appointed
day, he began a period of service in the Post Office ;
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 –
(i) a
completed year of service which begins on or after the appointed day ; or
(ii) 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 ;
shall, instead of being paid out of moneys provided by Parliament,
be paid by the Post Office.
MAKING, BY THE MINISTER, IN CONSIDERATION OF THE EXCHEQUER’S
BEING RELIEVED OF CERTAIN LIABILITIES WITH RESPECT TO PENSIONS, OF PAYMENTS TO
TRUSTEES APPOINTED BY THE POST OFFICE
47.-(1) 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.
(2) It
shall be assumed that, on the appointed day, the Minister is the holder of an
amount of 2½% 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”) –
(a) 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
(b) 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.
(3) Capital
and interest payments shall be payable on the same days as those on which
dividends are payable in respect of 2½% 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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 2½% 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.
(8) 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.
(9) 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
2½% 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.
(10) 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.
(11) 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.
AMENDMENT OF SECTION 6 OF THE COMMONWEALTH TELEGRAPHS ACT 1949
48. Subsection
(2) of section 6 of the Commonwealth Telegraphs Act 1949 (which provides for
the making of regulations with respect to the payment of pensions to, or in
respect of, employees of Cable and Wireless Limited) shall have effect as if,
in paragraph (c) and sub-paragraphs (d)(iv), (v) and (vi), references which,
by virtue of section 4 of this Act, are to be construed as referring to the
Minister included references to the Post Office.
PROVISIONS AS TO PENSIONS OF FORMER EMPLOYEES OF CABLE AND WIRELESS
LIMITED AND CERTAIN OTHER PERSONS
49.-(1) 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 Minister for the
Civil Service, 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 –
(a) persons who have
pension rights under any of the following schemes, that is to say, the existing
pension 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
(b) persons, other than as
aforesaid, who have been in the employment of Cable and Wireless Limited ;
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.
(2) 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.
(3) Regulations
under this section may amend or revoke provisions of regulations under the said
section 6.
THE POST OFFICE TO CONTINUE PAYMENT OF THE REMAINING PENSIONS UNDER
THE INJURIES IN WAR (COMPENSATION) ACT 1915
50. If
the sole remaining pension which, on 31st October 1968, is in course of payment
under the Injuries in War (Compensation) Act 1915 at the expense of the
Postmaster General is still in course of payment immediately before the
appointed day, it shall, as from that day, be, by virtue of this section,
payable by the Post Office at the annual rate at which it is payable
immediately before that day.
PAYMENTS TO THE POST OFFICE OUT OF THE NATIONAL INSURANCE FUND AND
THE INDUSTRIAL INJURIES FUND
51.-(1) 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.
(2) 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.
(3) In
the application of this section to Northern Ireland –
(a) for the references to
the Secretary of State there shall be substituted references to the Ministry of
Health and Social Services for Northern
Ireland ;
(b) for the references to
the Treasury there shall be substituted references to the Ministry of Finance
for Northern Ireland
;
(c) 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
(d) 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.
Rating
52.–54. * * * * * * * *
Lands
55.–61. *
* * * * * * *
REQUISITIONS ON TITLE AS TO TREASURY CONSENT TO DEALINGS WITH LAND
PRECLUDED
62. A
person dealing with the Post Office in respect of land shall not be bound or
entitled to inquire whether the consent of the Treasury to any previous dealing
with the land was requisite or whether, if it was, it was given.
STATUS OF LAND VESTED IN THE POST OFFICE BY VIRTUE OF PART III
63. Land
vested in the Post Office by virtue of this Part of this Act shall be deemed
for all purposes to have been acquired by it for the purposes of its
undertaking.
Miscellaneous Matters
* * * * * * * * *
OBLIGATION OF SECRECY
65.-(1) 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.
(2) A
person who discloses information in contravention of the foregoing subsection
shall be liable –
(a) on conviction on
indictment, to imprisonment for a term not exceeding two years or to a fine, or
to both;
(b) on summary conviction,
to a fine not exceeding £400.
HARBOUR CHARGES ON MAIL-BAGS
66.-(1) 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.
(2) 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 –
(a) 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
(b) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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 NOT TO BE SUBJECT TO CONTROL BY HARBOUR AUTHORITIES
67. Nothing
in a statutory provision made (whether before or after this Act) with respect
to a harbour authority shall extend to regulate or subject to control –
(a) 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
(b) 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.
ABOLITION OF EXEMPTIONS FROM TOLLS
68. On
the appointed day, the following shall cease to have effect, namely, –
(a) section 77 of the Post
Office Act 1953 (exemption from toll); and
(b) 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.
DOCUMENTARY EVIDENCE AS TO SUMS DUE FOR SERVICES
69.-(1) 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.
(2) 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.
(3) 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.
PROVISIONS AS TO MONEY AND POSTAL ORDERS
70.-(1) 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.
(2) Where,
in the British Islands, –
(a) 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
(b) an uncrossed postal
order so issued, being an order not expressed to be payable to such a person;
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.
(3) 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.
(4) 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.
(5) Where
–
(a) 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
(b) an uncrossed postal
order so issued, being an order not expressed to be payable to such a person;
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.
(6) 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.
(7) 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.
(8) 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.
RECOUPMENT OF LOSSES ON MONEY ORDERS WRONGLY PAID TO BANKERS
71.-(1) 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.
(2) 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.
REMUNERATION OF THE POST OFFICE FOR SERVICES RENDERED IN RELATION
TO PARLIAMENTARY ELECTIONS
72.-(1) 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.
(2) 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.
* * * * * * * * * *
TAXATION OF THE POST OFFICE’S PROFITS AND CAPITAL GAINS
74.-(1) In the case of the Post Office, section
61 of the Finance Act 1965 (company reconstructions without change of ownership)
shall, as from the appointed day, apply, so far as applicable, as if the
Postmaster General had been a company and the condition mentioned in subsection
(1)(a) were satisfied.
(2) Part
III of the Finance Act 1965 (capital gains) 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.
RECORDS
75.-(1) The Public Records Act 1958 shall, as
from the appointed day, have effect as if the Post Office were included amongst
the bodies and establishments set out in Part II of the Table at the end of
paragraph 3 of Schedule 1 to that Act.
(2) The
Minister shall have power by order to vest in the Post Office the property in
such records of the department of the Postmaster General as may be specified in
or described by the order, and to give to the Post Office, with respect to
records in the case of which the property therein has been vested in the Post
Office by an order under this subsection, such directions as he thinks fit for
securing that they are available to the Crown for inspection and copying.
CONSEQUENTIAL ADAPTATIONS OF ENACTMENTS
76. 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.
REPAIR OF MINOR STATUTORY DEFICIENCIES
77. The
provisions of Schedule 5 of this Act shall have effect for repairing minor
deficiencies in the Telegraph Act 1863, the Telegraph Act 1868, the Post Office
(Protection) Act 1884 and the Post Office Act 1953.
PENALIZATION OF IMPROPER USE OF TELECOMMUNICATION SERVICES
78. A
person who –
(a) 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
(b) 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 ;
shall be guilty of an offence and liable, on summary conviction, to
a fine not exceeding £50.
* * * * * * * * * *
PROVISION OF INFORMATION TO PERSONS HOLDING OFFICE UNDER THE CROWN
80. A
requirement to do what is necessary to inform designated persons holding office
under the Crown concerning matters and things transmitted or in course of
transmission by means of postal or telecommunication services * * * * * * * may
be [laid on an officer of the Jersey Post Office by Her Majesty’s
Attorney General for Jersey for the like purposes] as, at the passing of this
Act, a requirement may be laid on the Postmaster General to do what is
necessary to inform such persons concerning matters and things transmitted or
in course of transmission by means of such services provided by him.
MODIFICATION OF ENACTMENTS RELATING TO WAGES COUNCILS
81.-(1) 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.
(2) 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.
(3) 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.
POWER OF THE MINISTER, PENDING TRANSFER TO THE MINISTER OF
TRANSPORT FROM COUNTY COUNCILS OF FUNCTIONS CONNECTED WITH ISSUE OF VEHICLE
EXCISE LICENCES, TO DIRECT THE POST OFFICE TO ISSUE SUCH LICENCES
82.-(1) 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.
(2) 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.
(3) 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).
(4) 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.
REPEAL OF CERTAIN PROVISIONS OF THE TELEGRAPH ACT 1868
83. The
following provisions of the Telegraph Act 1868 shall cease to have effect on
the appointed day, namely, –
(a) 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) ;
(b) 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) ;
(c) 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
(d) 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).
* * * * * * * * * *
FINAL ACCOUNTS UNDER THE POST OFFICE ACT 1961
85.-(1) The following provisions shall have
effect in relation to the financial year ending 31st March next before the
appointed day : -
(a) 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 ;
(b) 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 ;
(c) 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
(d) the Post Office shall
transmit to the Minister copies of any document prepared by, or returned to, it
in pursuance of this subsection.
(2) 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, –
(a) 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
(b) in the case of that
subsection, to the omission of any such words as render conditional a duty
thereby imposed.
INTERPRETATION OF PART III
86.-(1) 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 ;
“banker” includes a body of persons, whether
incorporated or not, who carry on the business of banking ;
“the British
Islands” means the United Kingdom,
the Isle of Man and the Channel
Islands ;
“cash on delivery service” means a service whereby the
Post Office or a foreign administration collects or secures the collection of a
sum of money on the delivery of anything consigned for conveyance by post and
remits it to the sender thereof ;
“foreign administration” means a postal administration
other than the Post Office ;
“harbour”, except in relation to Northern Ireland or
the Isle of Man, has the same meaning as in the Harbours Act 1964, in relation
to Northern Ireland, means any harbour, whether natural or artificial, and any
port, haven or estuary, and includes a dock and a wharf, quay, pier, jetty or
other place at which seagoing ships (including hovercraft) can ship or unship
goods or embark or disembark passengers and, in relation to the Isle of Man,
has the meaning assigned to it by section 1 of the Harbours (Isle of Man) Act
1961 (of Tynwald) ;
“harbour authority”, except in relation to Northern
Ireland or the Isle of Man, has the same meaning as in the Harbours Act 1964,
in relation to Northern Ireland, means any person in whom are vested, by any
statutory provision, the powers of improving, maintaining or managing a harbour
and, in relation to the Isle of Man, means the Isle of Man Harbour Board ;
“hovercraft” has the same meaning as in the Hovercraft
Act 1968 ;
“land” includes any interest in land and any right over
land ;
“local authority”, –
(a) in
relation to England
and Wales,
means the council of a county, county borough or county district, the Greater
London Council, the council of a London
borough or the Common Council of the City of London ;
(b) in
relation to Scotland,
means a county council or a town council ;
(c) in
relation to Northern Ireland, means the council of a county, county borough or
county district or a joint board constituted under the Public Health Acts
(Northern Ireland) 1878 to 1966 or section 7(1) of the Water Supplies and
Sewerage Act (Northern Ireland) 1945 ;
“mail-bag” includes any container in which articles are
enclosed by the Post Office or a foreign administration for the purpose of the
conveyance thereof by post ;
“national health service authority” –
(a) in
relation to England and Wales, means a regional hospital board, board of
governors of a teaching hospital or hospital management committee established
under Part II of the National Health Service Act 1946 or an executive council
established under section 31 of that Act ;
(b) in
relation to Scotland, means a regional hospital board or board of management
established under Part II of the National Health Service (Scotland) Act 1947 or
an executive council established under section 32 of that Act ;
(c) in
relation to Northern Ireland, means the Northern Ireland General Health Services
Board, the Northern Ireland Hospitals Authority, a hospital management
committee established under Part III of the Health Services Act (Northern
Ireland) 1948 or a special care management committee established under Part I
of the Mental Health Act (Northern Ireland) 1961 ;
“statutory provision”, except in relation to Northern Ireland
or the Isle of Man, has the same meaning as in
section 57(1) of the Harbours Act 1964, in relation to Northern Ireland,
has the same meaning as in section (1) of the Interpretation Act (Northern Ireland)
1954 and, in relation to the Isle of Man,
means an Act of Tynwald.
(2) Any
reference in this Part of this Act to a subsidiary shall be construed in
accordance with section 154 of the Companies Act 1948 and any reference therein
to a wholly owned subsidiary shall be construed in accordance with section
150(4) of that Act.
(3) Any
reference in this Part of this Act to data processing shall be construed as
including a reference to the storage and retrieval of information.
(4) Nothing
in this Part of this Act shall be taken to restrict the construction of
references to the Post Office’s business so as to exclude the performance
of services which, by virtue of section 7(1)(d) of this Act, it has power to perform.
POWER OF HER MAJESTY IN COUNCIL TO MAKE NECESSARY PROVISION IF THE
POST OFFICE SURRENDERS PRIVILEGES AS REGARDS THE ISLE OF MAN OR THE CHANNEL
ISLANDS
87.-(1) In the event of the conclusion of any
such agreement as follows, namely, –
(a) an agreement between
the Minister and the Government of the Isle of Man
providing for either or both of the following, namely, –
(i) 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 ;
(ii) 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 ;
(b) an agreement between
the Minister and the States of Jersey providing for either or both of the
following, namely, –
(i) 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;
(ii) the
surrender by the Post Office, as regards that Bailiwick, of the privileges
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
(c) an agreement between
the Minister and the States of Guernsey providing for either or both of the
following, namely, –
(i) 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;
(ii) 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;
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.
(2) 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.
EXTENT OF PART III AND RELATED SCHEDULES
88.-(1) The following shall extend to the Isle of Man and the Channel Islands,
namely, –
(a) 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
(b) Schedules 1 and 2 to
this Act.
(2) Section
76 of, and Schedule 4 to, this Act shall –
(a) 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
(b) in their application to
an enactment that is so expressed to extend to the Channel
Islands, extend to those Islands.
(3) Section
67(1) of the Civil Aviation Act 1949 (power of Her Majesty in Council by Order
to direct that any of the provisions of that Act shall extend to any of the
Channel Islands and to the Isle of Man) shall have effect as if the reference
to any of the provisions of that Act included a reference to section 76 of, and
Schedule 4 to, this Act so far as relating to that Act.
(4) Section
77 of, and Schedule 5 to, this Act –
(a) shall, except so far as
relating to the Post Office (Protection) Act 1884, extend to the Isle of Man;
and
(b) shall, except so far as
relating to that Act and the Telegraph Act 1863, extend to the Channel Islands.
(5) Subsections
(1), (2) and (4) above shall have effect subject to the provisions of any Order
in Council made under the last foregoing section.
(6) Sections
24(2) and 65(2) of this Act shall, in their application to the Isle of Man, have effect with the substitution, for the
references to indictment, of references to information.
PART IV
CONTROL OF PROGRAMME DISTRIBUTION
SYSTEMS
LICENSING OF DISTRIBUTION SYSTEMS
89.-(1) 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 –
(a) 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
(b) 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.
(2) The
said kinds of energy are electric, magnetic, electromagnetic, electro-chemical
and electro-mechanical.
(3) 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.
(4) This
section shall not apply to the Post Office, the British Broadcasting
Corporation or the Independent Television Authority.
(5) 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.
(6) 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.
(7) 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).
(8) 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”.
PROVISIONS AS TO LICENCES UNDER SECTION 89
90.-(1) A licence granted under the last
foregoing section may be issued subject to such terms, provisions and
limitations as the Minister may think fit.
(2) A
licence so granted shall, unless previously revoked by the Minister, continue
in force for such period as may be specified in the licence.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) In the
application of subsection (6) above to Scotland, the words “as if it
were a simple contract debt” shall be omitted.
ENTRY AND SEARCH OF PREMISES
91.-(1) 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.
(2) 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.
(3) A
person who –
(a) obstructs a person in
the exercise of powers conferred on him under this section; or
(b) fails or refuses to
give to a person any assistance which he is, under this section, under a duty
to give to him;
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 –
(i) on
conviction on indictment, to imprisonment for a term not exceeding two years or
to a fine, or to both;
(ii) on
summary conviction, to a fine not exceeding £400.
ORDERS AND REGULATIONS
92.-(1) 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.
(2) 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.
(3) 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.
PART V
PROVISIONS FOR SECURING THE
CONTINUANCE OF THE CARRYING ON, UNDER THE AUSPICES OF A DIRECTOR OF SAVINGS IN
PLACE OF THE POSTMASTER GENERAL, OF CERTAIN FINANCIAL BUSINESS
The Director of Savings
APPOINTMENT, AND FUNCTIONS AND EXPENSES, &C., OF THE DIRECTOR
OF SAVINGS
93.-(1) The Treasury may appoint (but so that
the first appointment made shall not take effect before the appointed day) a
person to be Director of Savings who shall have such functions as are conferred
on him by, or by virtue of, the following provisions of this Act.
(2) 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.
(3) Schedule
2 to the Parliamentary Commissioner Act 1967 shall have effect as if, after the
reference to the National Debt Office, there were inserted a reference to the Department
for National Savings.
(4) For
the purposes of the Criminal Evidence Act 1965 and the Criminal Evidence Act (Northern Ireland)
1965 (which make certain trade or business records admissible as evidence in
criminal proceedings) the expression “business” shall include the
activities of the Director of Savings.
Replacement of the Postmaster General by the Director of Savings
for the Purposes of the Post Office Savings Bank Acts 1954 and 1966, and
Provisions consequential thereon
THE NATIONAL SAVINGS BANK
94.-(1) On the appointed day, section 1 of the
Post Office Savings Bank Act 1954 (which empowers the Postmaster General to
authorise his officers, or others, to receive and repay deposits) shall cease
to have effect; but, as from the beginning of that day, the establishment which
exists in consequence of the enactment of that section shall, by the name of
the National Savings Bank, continue in existence for the receipt and repayment
of deposits, and its business shall be carried on by the Director of Savings.
(2) Accordingly,
as from the appointed day, in the Post Office Savings Bank Acts 1954 and 1966
and in the following provisions of this Act the expression
“deposit” (when used as a noun) shall be taken to refer to a
deposit with the National Savings Bank and the expression
“depositor” shall (save in so far as the context otherwise
requires) be construed accordingly, and –
(a) the provisions of the
Post Office Savings Bank Act 1954 specified in column 1 of Part I of Schedule 6
to this Act shall have effect subject to the amendments respectively specified
in relation thereto in column 2 of that Act;
(b) 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;
(c) the enactments
specified in column 1 of Part III of that Schedule shall have effect subject to
the amendments respectively specified in relation thereto in column 2 of that
Part; and
(d) 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.
(3) 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.
(4) Without
prejudice to the operation of section 37 of the Interpretation Act 1889 (which
relates to the exercise of statutory powers between the passing and
commencement of an Act), the power conferred by section 2 of the Post Office
Savings Bank Act 1954, as amended by Schedule 6 to this Act, and that conferred
by section 2 of the Post Office Savings Bank Act 1966, as so amended, may be
each exercised at any time after the passing of this Act as if so much of that
Schedule as amends those sections had come into operation on the passing of
this Act, but so that regulations made in exercise of the power conferred by
the one section or the other, as so amended, shall not come into operation before
the appointed day.
APPLICATION OF ORDINARY DEPOSITS
95.-(1) 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: -
“(1) There
shall be paid out of ordinary deposits –
(a) all
sums referable to such deposits that are withdrawn by or on behalf of
depositors;
(b) such
sums as the Treasury may from time to time determine to be equal to those
expended by the Director of Savings in the execution of this Act; and
(c) the
expenses incurred by the Commissioners in the execution of this Act.
(2) The
balance of ordinary deposits remaining after the repayment thereout of sums
withdrawn by depositors shall, at such intervals as the Treasury may direct, be
ascertained and paid to the Commissioners who shall, after deducting therefrom
–
(a) such
sums as are mentioned in subsection (1)(b)
above; and
(b) such
sums as are necessary to defray the expenses incurred by them in the execution
of this Act;
invest it.
(3) Sums
deducted by the Commissioners in pursuance of subsection (2)(a) above shall be paid into the
Consolidated Fund of the United Kingdom.”.
(2) This
section shall come into operation on the appointed day.
CONSEQUENTIAL AMENDMENT OF SECTION 3 OF THE POST OFFICE SAVINGS
BANK ACT 1966
96. 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: -
“(1) The
Director of Savings shall keep a separate account of all sums received or paid
with respect to investment deposits.
(2) The
said account shall be known as the National Savings Bank Investment Account
Fund and is in this Act referred to as ‘the Fund’ ”,
and with the substitution, for the reference, in subsection (3)(b), to the Postmaster General, of a
reference to the Treasury.
DEBIT TO THE NATIONAL SAVINGS BANK INVESTMENT ACCOUNT FUND OF
EXPENSES OF THE DIRECTOR OF SAVINGS AND CONTRIBUTIONS IN LIEU OF TAX
97.-(1) There shall be included amongst the sums
to be debited from time to time to the National Savings Bank Investment Account
Fund –
(a) such sums as the
Treasury may determine to be equal to those expended by the Director of Savings
in connection with investment deposits ; and
(b) 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.
(2) 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.
(3) This
section shall come into operation on the appointed day.
ANNUAL STATEMENT WITH RESPECT TO ORDINARY DEPOSITS AND EXPENSES
98.-(1) 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 –
(a) the aggregate of the
sums received and repaid during the year in respect of ordinary deposits ;
(b) the aggregate of the
sums paid or credited during the year by way of interest on ordinary deposits ;
(c) the aggregate
liabilities, as at the end of the year, so far as regards ordinary deposits ;
(d) 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 ;
(e) the aggregate of the
sums that accrued during the year by way of interest on investments made under
that section by the Commissioners ; and
(f) the amount of the
expenses incurred during that year in the execution of that Act ;
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.
(2) 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.
(3) In
this section “year” means a period of twelve months ending 31st
December.
ADJUSTMENT OF BALANCES RELATING TO ORDINARY DEPOSITS
99 -(1) 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 –
(a) the aggregate of the
sums paid or credited during the year by way of interest on ordinary deposits ;
and
(b) the amount of the
expenses incurred during that year in the execution of that Act ;
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.
(2) In
this section, “year” means a period of twelve months ending 31st
December.
ANNUAL ACCOUNTS WITH RESPECT TO INVESTMENT DEPOSITS
100.-(1) Anything which, in the year in which the
appointed day 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.
(2) 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, –
(a) 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 ;
(b) 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.
(3) In
this section “year” means a period of twelve months ending 31st
December.
ULTIMATE LIABILITY OF THE CONSOLIDATED FUND FOR REPAYMENT OF
DEPOSITS
101. 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.
CERTAIN SUMS TO BE TREATED AS EXPENSES INCURRED BY THE DIRECTOR OF
SAVINGS
102.-(1) 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 : -
“(e) any capital
expenditure incurred in providing premises or equipment wholly used for the
purposes of this Act by the Director of Savings, and such part of any partly
used as aforesaid as was, in the opinion of the Treasury, incurred for those
purposes”.
(2) 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”.
AMENDMENT OF SECTION 10(1) OF THE POST OFFICE SAVINGS BANK ACT 1954
103. 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.
AMENDMENT OF SECTION 12(3) OF THE POST OFFICE SAVINGS BANK ACT 1954
104. 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”.
PARLIAMENTARY CONTROL OF REGULATION-MAKING POWERS UNDER THE POST OFFICE
SAVINGS BANK ACTS 1954 AND 1966
105. 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.
SELECTIVE EMPLOYMENT REFUNDS REFERABLE TO EMPLOYMENT IN THE
NATIONAL SAVINGS BANK
106. A
payment which, if this Act had not passed, would have fallen to be made under
section 25 of the Finance Act 1967 or section 52(3) of the Finance Act 1968
(refunds of selective employment tax) to the Postmaster General on or after the
appointed day shall be made instead to the Post Office ; and no payment shall
be made under either of those sections on or after that day in respect of a
person in respect of a week in which he was employed in the National Savings
Bank and for which a payment of selective employment tax was paid in respect of
him by someone other than the Postmaster General.
VESTING IN THE MINISTER OF PUBLIC BUILDING
AND WORKS OF THE POSTMASTER GENERAL’S INTEREST IN CERTAIN LANDS IN
HAMMERSMITH
107.-(1) 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.
(2) The
Postmaster General may by order provide that the foregoing subsection shall
operate –
(a) 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
(b) to annex to the
last-mentioned land such easements or other rights over the first-mentioned
land as may be so specified ;
or to do both of those things.
Replacement of the Postmaster General by the Director of Savings
for the Purposes of the National Debt Act, 1958 and the National Loans Act,
1968, and Provisions consequential thereon
THE STOCK REGISTER KEPT UNDER PART I OF THE NATIONAL DEBT ACT 1958
108.-(1) The register of government stock which
exists by virtue of section 1(1) of the National Debt Act 1958 shall, instead
of being known as the Post Office register, be known as the National Savings
Stock Register and (except for such parts thereof as are kept by trustees of
trustee savings banks) shall be kept by the Director of Savings ; and,
accordingly, –
(a) 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” ;
(b) 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” ;
(c) in Schedule 3 to the
Finance Act 1921 (provisions for carrying out redemption of government stock),
for the words “the Post Office Register” (wherever occurring) there
shall be substituted the words “the National Savings Stock
Register”, for the words “the Postmaster General” (wherever
occurring) there shall be substituted the words “the Director of
Savings” and for the words “at the General Post Office” there
shall be substituted the words “by the Director of Savings” ;
(d) in section 47(4)(c) of the Finance Act 1942 (transfer and
registration of government stock), for the words “the Post Office
register established under the War Loan (Supplemental Provisions) Act
1915”, there shall be substituted the words “the National Savings
Stock Register” ;
(e) in sections 17(4) and
19 of the National Debt Act 1958 (preservation of effect of certain
certificates of investment in government stock, and extension to the Isle of
Man and the Channel Islands of the provisions of that Act relating to the Post
Office register), for the words “the Post Office register”, there
shall be substituted the words “the National Savings Stock Register”
;
(f) 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
(g) 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.
(2) For
the purposes of section 2 of the said Act of 1958 (power to make regulations
with respect to the register referred to in the foregoing subsection), the
appropriate authority shall, instead of being (as prescribed by subsection (3)
of that section) the Treasury in conjunction with the Postmaster General and,
in the case of regulations relating to the National Debt Commissioners, those
Commissioners, be, except in the case of regulations relating to those
Commissioners, the Treasury, and, in the said excepted case, the Treasury in
conjunction with those Commissioners ; and in subsection (2)(b) of that section, for the reference to
issue through the Post Office of bearer bonds, there shall be substituted a
reference to issue by the Director of Savings of such bonds.
(3) 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.
(4) 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.
(5) 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.
POWER OF THE TREASURY TO RAISE MONEY UNDER THE AUSPICES OF THE
DIRECTOR OF SAVINGS
109. 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 ; and, accordingly, as from the appointed day, references
in sections 191(1) (interest on United Kingdom savings certificates to be
exempt from tax) and 193(4) (interest on certain Ulster, colonial and other
savings certificates issued to local residents to be exempt from tax) of the
Income Tax Act 1952 to savings certificates issued by the Treasury through the
Post Office shall be construed as including references to savings certificates
issued by the Treasury under the auspices of the Director of Savings.
AMENDMENT OF SECTION 12 OF THE NATIONAL DEBT ACT 1958
110.-(1) 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, among 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.
(2) 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”.
(3) 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.
POWER TO REPLACE LOST OR DESTROYED BONDS ISSUED BY THE POSTMASTER
GENERAL OR THE DIRECTOR OF SAVINGS
111.-(1) 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.
(2) This
section shall come into operation on the appointed day and have effect in place
of section 13 of the National Debt Act 1958.
AMENDMENT OF SECTION 35 OF THE FINANCE ACT 1961
112. 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”.
Credits to the Post Office in respect of certain capital
Expenditure incurred by the Postmaster General in Connection with annuity,
savings bank and national debt Functions
CREDITS TO THE POST OFFICE IN RESPECT OF CERTAIN CAPITAL
EXPENDITURE INCURRED BY THE POSTMASTER GENERAL IN CONNECTION WITH ANNUITY,
SAVINGS BANK AND NATIONAL DEBT FUNCTIONS
113.-(1) The Post Office shall, for the purposes
of section 33 of this Act, be entitled to credit of –
(a) 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 ;
(b) 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
(c) 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.
(2) The
Post Office shall, for the purposes of section 33 of this Act, be entitled to
credit of –
(a) the sum certified by
the Minister to be the net book value of every such parcel of land as follows,
namely, –
(i) 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
(ii) 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) ;
(b) 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
(c) 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.
(3) The
Post Office shall, for the purposes of section 33 of this Act, be entitled to
credit of –
(a) 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 –
(i) the
Minister of Public
Building and Works has an
estate or interest immediately before the appointed day ; but
(ii) the
Postmaster General does not then have, and never previously had, an estate or
interest ;
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
(b) 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.
(4) 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.
Extent of Part V and Schedule 6
EXTENT OF PART V AND SCHEDULE 6
114. This
Part of this Act and Schedule 6 thereto shall extend to the Isle
of Man and the Channel Islands.
PART VI
STAMPS AND STAMP DUTIEs
Stamps
USE OF POSTAGE STAMPS FOR REVENUE PURPOSES
115.-(1) 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.
(2) 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.
(3) 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.
ALLOWANCE BY COMMISSIONERS OF INLAND REVENUE FOR SPOILED POSTAGE
STAMPS
116.-(1) 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.
(2) This
section shall come into operation on the appointed day.
APPLICATION OF SECTION 9 OF THE STAMP ACT 1891, AND PROVISIONS AS
TO PROCEEDINGS THEREUNDER RELATING TO POSTAGE STAMPS
117.-(1) 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.
(2) 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.
APPLICATION OF SECTION 13 OF THE STAMP DUTIES MANAGEMENT ACT 1891
TO FRAUDS TOUCHING POSTAGE STAMPS, AND CONSEQUENTIAL AMENDMENT OF SECTION 16 OF
THAT ACT
118.-(1) 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.
(2) 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.
POWER OF THE COMMISSIONERS OF INLAND REVENUE TO STAMP PAPER FOR THE
POST OFFICE
119 The
Commissioners of Inland Revenue may make arrangements with the Post Office
whereunder they, in consideration of the making to them by it of such payments
as may be agreed between them and it with the approval of the Treasury, stamp
paper sent to them for the purpose of its being stamped for use as postcards or
reply-postcards or covers or envelopes of postal packets with stamps denoting
the appropriate postage.
VALIDITY OF EXISTING STAMPS
120. Stamps
current immediately before the appointed day for denoting duties of postage
(whether or not they denote also other duties) shall be deemed for all purposes
to be postage stamps.
AMENDMENT OF THE INSURANCE ACTS AS TO STAMPS FOR PAYMENT OF
CONTRIBUTIONS
121.-(1) 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
: -
“(2) Where,
under regulations made by virtue of subsection (1) of this section,
contributions under this Act, with or without contributions under the
Industrial Injuries Act, are payable by means of adhesive stamps, the Secretary
of State may, with the consent of the Treasury, arrange for the preparation and
sale of those stamps (hereafter in this Act referred to as ‘insurance
stamps’) and may by regulations provide for applying, with the necessary
modifications as respects those stamps, 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” ;
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.
(2) 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.
POWER TO APPLY TO NATIONAL SAVINGS STAMPS PROVISIONS WITH RESPECT
TO REVENUE AND POSTAGE STAMPS
122.-(1) 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.
(2) In
this section “national savings stamp” has the meaning assigned to
it by section 35(1) of the Finance Act 1961.
MEANING OF “POSTAGE” AND “POSTAGE STAMP”
123. In
the foregoing provisions of this Part of this Act, “postage”
(except in the expression “duties of postage”), means postage
chargeable by the Post Office, and “postage stamp” shall be
construed accordingly.
Stamp Duties
COMPOSITION FOR STAMP DUTY ON THE POST OFFICE’S MONEY ORDERS
124.-(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
COMPOSITION FOR STAMP DUTY ON FOREIGN MONEY ORDERS PRESENTED TO THE
POST OFFICE FOR PAYMENT
125. 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).
POSTAL ORDERS TO BE EXEMPT FROM STAMP DUTY
126. 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.
EXTENSION OF SECTION 52 OF THE FINANCE ACT 1946
127. For
the purposes of section 52 of the Finance Act 1946 (which exempts from stamp
duty certain documents connected with nationalisation schemes) any vesting of
property in the Post Office after the appointed day effected by virtue of an
order under section 17 of this Act shall be deemed to be part of the initial
putting into force of such a scheme.
Special Provisions with respect to Northern Ireland
APPLICATION OF FOREGOING PROVISIONS OF PART VI TO NORTHERN IRELAND
128. * * * * * * * * *
EXEMPTION OF ACT FROM STAMP DUTY IN NORTHERN IRELAND
129. * * * * * * * * *
PART VII
MISCELLANEOUS AND GENERAL
POWER OF THE TREASURY TO DISPOSE OF THEIR INTEREST IN THE SHARES OF
CABLE AND WIRELESS LIMITED
130.-(1) 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.
(2) 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.
SETTLEMENT OF CERTAIN FINANCIAL MATTERS OUTSTANDING ON THE
APPOINTED DAY
131.-(1) 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.
(2) 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.
EXTENSION OF REGULATION-MAKING POWER UNDER SECTION52(2) OF THE
GOVERNMENT ANNUITIES ACT 1929
132.-(1) 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.
(2) Without
prejudice to section 37 of the Interpretation Act 1889, 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.
(3) This
section shall extend to the Isle of Man and
the Channel Islands.
POWER OF MANAGERS OF CERTAIN WELFARE FUNDS TO PRESERVE THEIR SCOPE
133.-(1) 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.
(2) 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 –
(a) so as to permit persons
of any of the following descriptions, namely, –
(i) officers
or servants of the Post Office (past or present);
(ii) 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; * * *
(iii) 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; [and
(iv) persons
who, having been employed in the department of the Postmaster General, are or
have been, in consequence of such an agreement as is mentioned in paragraph (b)(i) or (c)(i) of subsection (1) of section 87 of this Act and of such an
Order in Council as is mentioned in that subsection, employed by the States of
Jersey or by the States of Guernsey;]
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;
(b) 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 * * * *, employment in the Department for National
Savings [or, as the case may be, employment by the States of Jersey or by the
States of Guernsey] were employment in the department of the Postmaster
General;
but so that no alteration be made that alters the character of the
fund, society or organisation.
(3) 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.
(4) 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.
ISSUE BY LOCAL AUTHORITIES IN GREAT BRITAIN OF DOG AND GAME
LICENCES
134. * * *
* * * * * *
REMUNERATION OF THE POST OFFICE FOR ISSUING DOG AND GAME LICENCES
IN ENGLAND
AND WALES
135. * * *
* * * * * *
EXPENSES
136. 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.
CESSER OF OBSOLETE, &c., ENACTMENTS
137.-(1) The enactments specified in columns 1
and 2 of Part I of Schedule 8 to this Act (which, to the extent specified in
column 3 of that Part, are obsolete, spent or unnecessary) shall cease to have
effect to that extent on the passing of this Act; and the enactments specified
in columns 1 and 2 of Part II of that Schedule (which, to the extent specified
in column 3 of that Part, will, in consequence of this Act, become unnecessary
or inappropriate) shall cease to have effect to that extent on the appointed
day.
(2) The
repeal by this section of section 4 of the Commonwealth Telegraphs Act 1949
shall not affect the title of the Postmaster General to any property vested in
him by virtue of that section.
(3) The
repeal by this section of section 43 of the Post Office Act 1953 and of
provisions of sections 44 and 45 thereof shall not operate to annul any
provision of a local Act or order requiring the performance of services in
regard to the conveyance of mails; and, accordingly, any such provision shall
be construed as if that repeal had not been effected.
(4) This
section, and the said Schedule 8, shall extend to the Isle
of Man, so far as regards any enactment specified in that Schedule
that so extends, and shall extend to the Channel Islands,
so far as regards any enactment so specified that so extends.
TRANSITIONAL PROVISIONS
138.-(1) 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.
(2) 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.
APPLICATION TO NORTHERN
IRELAND
139. * * * * * * * * *
CONSTRUCTION OF REFERENCES TO ENACTMENTS
140.-(1) 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.
(2) 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.
REPEALS
141.-(1) 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.
(2) 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.
(3) 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.
SHORT TITLE
142. This
Act may be cited as the Post Office Act 1969.
SCHEDULES
SCHEDULE I
(Sections 6, 43 and 88)
INCIDENTAL PROVISIONS WITH RESPECT TO THE POST OFFICE AND THE
MEMBERS THEREOF
Status
1. The
Post Office shall be a body corporate having perpetual succession and a common
seal.
Members
2.-(1) A member of the
Post Office shall hold and vacate his office in accordance with the terms of
his appointment and shall, on ceasing to be a member, be eligible for
re-appointment.
(2) As
soon as possible after appointing a person to be a member of the Post Office,
the Minister shall lay before each House of Parliament a statement of the term
for which he has been appointed.
(3) A
member may at any time by notice in writing to the Minister resign his office.
3.-(1) Before
appointing a person to be a member of the Post Office the Minister shall
satisfy himself that that person will have no such financial or other interest
as is likely to affect prejudicially the exercise and performance by him of his
functions as a member of the Post Office, and the Minister shall also satisfy
himself from time to time with respect to every member of the Post Office that
he has no such interest; and a person who is, or whom the Minister proposes to
appoint to be, a member of the Post Office shall, whenever requested by the
Minister so to do, furnish to him such information as the Minister considers
necessary for the performance by the Minister of his duties under this
paragraph.
(2) A
member of the Post Office who is in any way directly or indirectly interested
in a contract made or proposed to be made by the Post Office, or in a contract
made or proposed to be made by a subsidiary of the Post Office which is brought
for consideration by the Post Office, shall disclose the nature of his interest
at a meeting of the Post Office; and the disclosure shall be recorded in the
minutes of the Post Office, and the member shall not take any part in any
deliberation or decision of the Post Office with respect to that contract.
(3) For
the purposes of the last foregoing sub-paragraph, a general notice given at a
meeting of the Post Office by a member thereof to the effect that he is a
member of a specified company or firm and is to be regarded as interested in
any contract which may, after the date of the notice, be made with the company
or firm, shall be regarded as a sufficient disclosure of his interest in
relation to any contract so made or proposed to be so made.
(4) A
member of the Post Office need not attend in person at a meeting of the Post
Office in order to make a disclosure which he is required to make under this
paragraph if he takes reasonable steps to secure that the disclosure is made by
a notice which is brought up and read at the meeting.
4.-(1) The Post Office
–
(a) shall pay to the members
thereof such salaries or fees, and such allowances, as the Minister may
determine; and
(b) as regards any member
in whose case the Minister may so determine, shall pay such pension, allowance
or gratuity to or in respect of him or make such payments towards the provision
of such a pension, allowance or gratuity as may be so determined;
and, if a person ceases to be a member of the Post Office and it
appears to the Minister that there are special circumstances which make it
right that that person should receive compensation, the Minister may require
the Post Office to pay to that person a sum of such amount as the Minister may
determine.
(2) The
Minister shall, as soon as possible after the first appointment of a person as
a member of the Post Office, lay before each House of Parliament a statement of
the salary or fees and of the allowances that are or will be payable under this
paragraph to him; and if a subsequent determination by him under this paragraph
involves a departure from the terms of that statement, or if a determination by
him under this paragraph relates to the payment of, or to payment towards the
provision of, a pension, allowance or gratuity to, or in respect of, a member
of the Post Office, the Minister shall, as soon as possible after the
determination, lay a statement thereof before each House of Parliament.
(3) The
approval of the Minister for the Civil Service shall be requisite to a
determination under this paragraph by the Minister and to the imposition
thereunder by him of a requirement.
5.-(1) If the Minister
is satisfied that a member of the Post Office –
(a) has been absent from
meetings of the Post Office for a period longer than three consecutive months
without the permission of the Post Office; or
(b) has become bankrupt or
made an arrangement with his creditors; or
(c) is incapacitated by
physical or mental illness; or
(d) is otherwise unable or
unfit to discharge the functions of a member;
the Minister may declare his office as a member of the Post Office
to be vacant, and shall notify the fact in such manner as the Minister thinks
fit; and thereupon the office shall become vacant.
(2) In
the application of this paragraph to Scotland, for the references in head (b) of sub-paragraph (1) to a
member’s having become bankrupt and to a member’s having made an
arrangement with his creditors there shall be substituted respectively
references to sequestration of a member’s estate having been awarded and
to a member’s having made a trust deed for behoof of his creditors or a
composition contract.
6. Part
II of Schedule 1 to the House of Commons Disqualification Act 1957 (which
specifies certain commissions, tribunals and other bodies all members of which
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 “The Post Office”.
Proceedings
7. The
validity of any proceedings of the Post Office shall not be affected by a
vacancy amongst the members thereof or by a defect in the appointment of a
member.
8. The
quorum of the Post Office shall be three; and, while a member is disqualified
from taking part in a decision or deliberation of the Post Office with respect
to a matter, he shall be disregarded for the purpose of constituting a quorum
of the Post Office for deciding, or deliberating on, that matter.
9. Subject
to the foregoing provisions of this Schedule, the Post Office shall have power
to regulate its own procedure.
Staff
10. The
Post Office shall appoint a secretary of the Post Office and may appoint such
other officers and such servants as it may determine.
11.-(1) Except so far
as the Post Office is satisfied that adequate machinery exists for achieving
the purposes of this paragraph, being machinery for operation at national level
or local level or a level falling between those levels and appearing to the
Post Office to be appropriate, it shall be the duty of the Post Office to seek
consultation with any organisation appearing to it to be appropriate with a
view to the conclusion between it and that organisation of such agreements as
appear to the parties to be desirable with respect to the establishment and
maintenance, for operation at any such level as aforesaid, of machinery for
–
(a) the settlement by
negotiation of terms and conditions of employment of persons employed by the
Post Office, with provision for reference to arbitration in default of such
settlement in such cases as may be determined by or under the agreements ;
(b) the promotion and
encouragement of measures affecting efficiency, in any respect, in the carrying
on by the Post Office of its activities, including in particular, the promotion
and encouragement of the training of persons employed by the Post Office ; and
(c) the promotion and
encouragement of measures affecting the safety, health and welfare of persons
so employed.
(2) The
Post Office shall send to the Minister and the Secretary of State copies of any
such agreement as aforesaid and of any instrument varying the terms of any such
agreement.
(3) Where
it falls to the Post Office to participate in the operation of machinery
established under this paragraph and the operation involves discussion of a
subject by other persons participating therein, the Post Office shall make
available to those persons, at a reasonable time before the discussion is to
take place, such information in its possession relating to the subject (other
than information whose disclosure to those persons would, in the opinion of the
Post Office, be undesirable in the national interest) as, after consultation
with those persons, appears to the Post Office to be necessary to enable those
persons to participate effectively in the discussion.
(4) Nothing
in this paragraph shall be construed as prohibiting the Post Office from taking
part together with other employers or organisations of employers in the
establishment and maintenance of machinery for the settlement of terms and
conditions of employment and the promotion and encouragement of measures affecting
efficiency in the carrying on of their activities and the promotion and
encouragement of measures affecting the safety, health and welfare of persons
employed by them.
(5) In
the application of sub-paragraph (2) above to Northern Ireland, for the reference
to the Secretary of State there shall be substituted a reference to the
Ministry of Health and Social Services for Northern Ireland.
12.-(1) Except with the
Minister’s consent, the Post Office shall not terminate on security
grounds the employment of a person employed by it.
(2) In
this paragraph, “security grounds” means grounds which are grounds
for dismissal from the civil service of Her Majesty in accordance with any
arrangements for the time being in force relating to dismissals from that
service for reasons of national security.
Fixing of Seal and Proof of Instruments
13. The
fixing of the seal of the Post Office shall be authenticated by the signature
of the secretary of the Post Office or of some other person authorised, either
generally or specially, by the Post Office to act for that purpose.
14. A
certificate signed by the secretary of the Post Office that an instrument
purporting to be made or issued by or on behalf of the Post Office was so made
or issued shall be conclusive evidence of that fact.
15. Every
document purporting to be an instrument made or issued by or on behalf of the
Post Office and to be duly executed under the seal of the Post Office, or to be
signed or executed by the secretary of the Post Office or a person authorised by
the Post Office to act in that behalf shall be received in evidence and deemed,
without further proof, to be so made or issued unless the contrary is shown.
SCHEDULE 2
(Sections 41 and 88)
CLASSES OF ASSETS TO BE HELD BY THE POST OFFICE TO MATCH ITS DEBTS
TO ITS BANKING CUSTOMERS
PART I
CLASSES OF ASSETS TO BE HELD TO
MATCH A PROPORTION, DETERMINED UNDER SECTION 41 OF THIS ACT, OF DEBTS
1. Cash.
2. 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.
3. 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, –
(a) Treasury bills and
bills of Her Majesty’s Government in Northern Ireland;
(b) 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;
(c) 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;
(d) 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.
4. 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.
5. Treasury
bills payable not more than ninety-one days from date and bills of Her
Majesty’s Government in Northern
Ireland so payable.
6. 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.
PART II
CLASSES OF ASSETS TO BE HELD TO
MATCH THE RESIDUE OF DEBTS
7. Cash.
8. Money
held as mentioned in paragraph 2 above.
9. Loans
of the class specified in paragraph 3 above.
10. Loans
of the class specified in paragraph 4 above.
11. Treasury
bills and bills of Her Majesty’s Government in Northern Ireland.
12. Assets
of a class for the time being designated under paragraph 6 above.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
SCHEDULE 3
MODIFICATIONS OF SCHEDULES 5 AND 6 TO THE ROADS ACT (NORTHERN
IRELAND) 1948 FOR THE PURPOSES OF ORDERS MADE UNDER SECTION 56 OF THIS ACT
* * * * * * * * * *
SCHEDULE 4
(Sections 76, 88 and 139)
ADAPTATIONS OF ENACTMENTS AND ORDERS IN COUNCIL CONSEQUENTIAL ON
THE ASSUMPTION BY THE NEW AUTHORITY FOR THE CONDUCT OF POSTAL AND TELEGRAPHIC
BUSINESS OF FUNCTIONS EXERCISED AND PERFORMED BEFORE THE APPOINTED DAY BY THE
POSTMASTER GENERAL
PART I
INTERPRETATION
1. In
this Schedule “the authority” means the authority established by
section 6 of this Act.
PART II
ADAPTATIONS OF PUBLIC GENERAL
ENACTMENTS
Adaptations of enactments relating to the Post
2.-(1) With reference to any point of time
after the beginning of the appointed day, any reference in the provisions of
the Post Office Act 1953 (hereafter in this paragraph referred to as the
“principal Act”) specified in the following table to the Post
Office (except in the expression “an officer of the Post Office”)
shall be construed as referring to the authority, and any reference in those
provisions to an officer of the Post Office shall be construed as referring to
a person engaged in the business of the authority.
TABLE
|
Provision
|
Subject-matter
|
|
* * * * * * * * *
*
|
|
Section 65.... ...
|
Obstruction and molestation of officers of the Post Office.
|
|
|
|
* * * * * * * * * *
(11) references in
sections 50 and 51 of the principal Act (extension of postal facilities and
accommodation) to the Postmaster General shall, as from the appointed day, be
construed as referring to the authority.
* * * * * * * * * *
(13) With
reference to any point of time after the beginning of the appointed day, the
reference in section 61 of the principal Act (prohibition of affixing placards,
notices, &c., on post office letter boxes, &c.) to the Postmaster
General shall be construed as referring to the authority.
* * * * * * * * * *
3. As
from the appointed day, section 1 of the Recorded Delivery Service Act 1962
shall have effect as if the reference in subsection (6) thereof (which provides
that that section is not to be construed as authorising the sending by that
service of anything which, under the Post Office Act 1953 or any instrument
thereunder, is not allowed to be so sent) to any instrument under the Post
Office Act 1953 included a reference to a scheme under section 28 of this Act,
and section 1 of the Recorded Delivery Service Act (Northern Ireland) 1963
shall have effect as if the reference in subsection (5) thereof to such an
instrument included a reference to such a scheme.
Adaptations of Enactments relating to Telegraphs
4. References
to the company, the Postmaster General or the Post Office in –
(a) section 45 of the
Telegraph Act 1863 (omission to transmit or deliver message; improper divulging
of message, &c.);
(b) section 20 of the
Telegraph Act 1868 (improper disclosure or interception of message); and
(c) 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);
shall, as from the appointed day, be construed as referring to the
authority.
5. As
from the appointed day, section 5(1) of the Telegraph Act 1892 (application of
Acts to licensee of Postmaster General) shall have effect as if, for the words
from the beginning to “specified in the licence” (where secondly
occurring), there were substituted the words “The Post Office may
authorise the holder of a licence granted, or having effect as if it had been
granted, under section 27(1) of the Post Office Act 1969 (in this section
referred to as ‘a licensee’) during the time and within the area
specified in the authority to exercise all or any of the powers which are
conferred on the Post Office by the Telegraph Acts 1863 and 1878”.
6. 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.
7.-(1) Any such notice
or counter-notice as follows, namely, –
(a) a notice authorised to
be given to the authority by any of the following provisions of the Telegraph
Act 1863, namely sections 14 (removal of abandoned works), 15 (removal of works
in connection with alterations to streets), 21(3) (alteration of positions of
telegraphs in connection with alterations to buildings), 22(3) (removal of
telegraphs near dwelling-houses) and 30(1) (removal of work in order to enable
building, &c., to take place);
(b) a notice authorised by
section 24 of that Act to be given to the authority objecting to intended
works;
(c) a notice required by
section 7(1) of the Telegraph Act 1878 to be given to the authority of the time
and place at which work will be begun by undertakers or others;
(d) a notice given for the
purposes of section 8 of the last-mentioned Act of the intended exercise of a
right (not being a notice given in pursuance of some other Act or of an
agreement);
(e) a counter-notice
authorised by section 5(2) of the Telegraph (Construction) Act 1908 to be given
to the authority objecting to the lopping of a tree; and
(f) a notice given
for the purposes of section 1(2)(d)
of the Telegraph (Construction) Act 1911 to the authority requiring it to
remove or alter a telegraphic line constructed or maintained under the
authority of that Act;
may be given by addressing it to the authority (by its name) and by
sending it by post to, or leaving it at, the appropriate area office.
(2) In
this paragraph “appropriate area office” means –
(a) in the case of such a
notice as is mentioned in head (a) of
the foregoing sub-paragraph, the principal local telecommunications office of
the authority for the area in which the works or work to which the notice
relates are or is situate;
(b) in the case of such a
notice as is mentioned in head (b) of
that sub-paragraph, the principal local telecommunications office of the
authority for the area in which the works to which the notice relates are
intended to be executed;
(c) in the case of such a
notice as is mentioned in head (c) of
that sub-paragraph, the principal local telecommunications office of the
authority for the area in which the work to which the notice relates is to be
done;
(d) in the case of such a
notice as is mentioned in head (d) of
that sub-paragraph, the principal local telecommunications office of the
authority for the area in which the right to which the notice relates is
intended to be exercised;
(e) in the case of such a
counter-notice as is mentioned in head (e)
of that sub-paragraph, the principal local telecommunications office of the
authority for the area in which the tree to which the notice relates is
growing; and
(f) in the case of
such a notice as is mentioned in head (f)
of that sub-paragraph, the principal local telecommunications office of the
authority for the area in which the line to which the notice relates (or any
length thereof) is situate.
Adaptations of Enactments relating to the Supply of Electricity
* * * * * * * * * *
10. As
from the appointed day, the reference to the Postmaster General in section
62(1)(b) of the Schedule to the
Electric Lighting (Clauses) Act 1899 (service of notices) shall be construed as
referring to the authority.
11. 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.
12.-(1) As from the
appointed day, references to the Postmaster General in section 37(9) of the
Electricity (Supply) Act (Northern
Ireland) 1931 (savings) shall be construed
as referring to the authority.
(2) As
from the appointed day, references to the Postmaster General in section 41 of
the said Act of 1931 (electricity supply for certain undertakings not to cause
interference with telegraphic lines belonging to, or used by, the Postmaster
General) shall be construed as referring to the authority.
13. 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.
Adaptations of other Enactments
14.–20. *
* * * * * * *
21.-(1) For the
purposes of section 2 of the Official Secrets Act 1911 membership of, or any
office or employment under, the authority shall be deemed to be an office under
Her Majesty, and a contract with the authority shall be deemed to be a contract
with Her Majesty; and, as from the appointed day, any telegraph, telephone,
wireless or signal station or office belonging to, or occupied by, the
authority shall be a prohibited place for the purposes of that Act.
(2) *
* * * * * * * *
22.–45. *
* * * * * * *
46. *
* * * * * * *
47.–57. *
* * * * * * *43
58.-(1) Where the
alteration of a telegraphic line of the authority is reasonably necessary for
the purpose of enabling a local authority to exercise any of the powers
conferred on them by Part III of the Housing Act 1957, paragraphs (1) to (8) of
section 7 of the Telegraph Act 1878 (alteration of telegraphic lines in the
execution of undertakings authorised by Act of Parliament) 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 local authority.
(2) Where,
in pursuance of an order under section 64 of the Housing Act 1957, 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.
(3) In
the proviso to section 64(3) of the Housing Act 1957, the expression
“apparatus” shall, in relation to the authority, be construed
generally and shall not be limited by the definition thereof in section 189(1)
of that Act.
(4) In
this paragraph, “telegraphic line” and “alteration”
have the same meanings as in the Telegraph Act 1878.
59.–94. *
* * * * * * *
PART III
ADAPTATIONS OF LOCAL ENACTMENTS
95.–102. * * * * *
* * *45
PART IV
ADAPTATIONS OF ORDERS IN COUNCIL
103.–104. *
* * * * * * *45
SCHEDULE 5
(Sections 77 and 88)
REPAIR OF MINOR DEFICIENCIES IN CERTAIN ACTS
1.-(1) In any
proceedings against a person in respect of an offence under section 45 of the
Telegraph Act 1863 or section II of the Post Office (Protection) Act 1884
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 to prove that the act constituting the offence was done in
obedience to a warrant under the hand of a Secretary of State.
(2) 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.
2. *
* * * * * * * *
3. 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”.
SCHEDULE 6
(Sections 94 and 114)
AMENDMENTS OF ACTS CONSEQUENTIAL ON SECTION 94 OF THIS ACT
PART 1
AMENDMENTS OF THE POST OFFICE SAVINGS
BANK ACT 1954
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Provision amended and Subject-matter thereof
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Amendment
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Section 2 (general power to make regulations).
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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”.
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Section 4 (limit on amount of deposits).
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In subsection (1), the words “by the
Postmaster General” shall be repealed.
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Section 6 (withdrawal).
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For the words “the general 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”.
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Section 7 (regulations as to deposits).
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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:
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“(f) for the purpose of the payment or
transfer of any sum, for authorising a person to be treated as having been
domiciled in the place in which he was resident at the date of his
death”;
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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”.
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Section 8 (settlement of disputes).
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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”.
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Section 10 (secrecy).
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In subsection (1), for the words “the
Postmaster General”, there shall be substituted the words “the
Direction of Savings”.
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Section 11 (transfer of deposits to other savings
banks).
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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”.
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Section 12 (transfer of deposits from other savings
banks).
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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”.
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Section 13 (transfer of deposits from and to
overseas savings banks).
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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”.
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Section 14 (deposits by charitable societies,
&c.).
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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”.
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PART II
AMENDMENTS OF THE POST OFFICE
SAVINGS BANK ACT 1966
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Section 1 (investment deposits).
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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”.
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Section 2 (terms of investment deposits).
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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”.
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Section 4 (investment by National Debt
Commissioners).
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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”.
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Section 6
(making of deposits).
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For the words “the Postmaster General”
there shall be substituted the words “the Treasury”.
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PART III
AMENDMENTS OF OTHER ENACTMENTS
Enactments of the Parliament of the United Kingdom
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Provision amended and Subject-matter thereof
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Amendment
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Section 9 of the Bankers’ Books Evidence Act
1879 (interpretation of “bank”, “banker” and
“bankers’ books”).
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For the words “any post office savings
bank” there shall be substituted the words “the National Savings
Bank”.
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Section 2 of the Consolidated Fund (Permanent
Charges Redemption) Act 1883 (power of Treasury to borrow from the National
Debt Commissioners, out of funds in their hands on account of trustee or post
office savings banks, capital sums necessary for carrying into effect
contracts made in pursuance of the Consolidated Fund (Permanent Charges
Redemption) Act 1873).
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In subsection (1), for the words “Trustee or
Post Office Savings Banks” there shall be substituted the words
“trustee savings banks and the National Savings Bank”.
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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).
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For the words “Post Office Savings
Banks” there shall be substituted the words “the National Savings
Bank”.
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Section 141 of the Merchant Shipping Act 1894
(definition of “savings bank” for the purposes of the provisions
of the Act relating to allotment notes).
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In subsection (4)(b), for the words “a post office
savings bank” there shall be substituted the words “the National
Savings Bank”.
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Section 44 of the Friendly Societies Act 1896
(investment of funds).
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In subsection (1)(a), for the words “the Post
Office Savings Bank” there shall be substituted the words “the
National Savings Bank”.
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Rule 172 in Schedule 1 to the Sheriff Courts (Scotland) Act
1907 (disposal of money payable to persons under legal disability).
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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”.
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Section 9 of the Government of Ireland Act 1920
(reserved matters).
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In subsection (2)(b), for the words “the Post
Office Savings Bank”, there shall be substituted the words “the
National Savings Bank”.
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Section 47A of the Administration of Estates Act
1925 (right of surviving spouse to have own life interest redeemed).
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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”.
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Section 27 of the Crown Proceedings Act 1947
(attachment of moneys payable by the Crown).
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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”.
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Section 46 of the Crown Proceedings Act 1947
(provisions as to arrestment).
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In the proviso, in paragraph (c), for the words
“the Post Office Savings Bank” there shall be substituted the
words “the National Savings Bank”.
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Section 29 of the Income Tax Act 1952 (power of
surveyor of taxes to obtain information as to interest paid or credited
without deduction of tax).
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In subsection (3), for the words “the Post
Office Savings Bank”, there shall be substituted the words “the
National Savings Bank” and for the words “the Postmaster
General” there shall be substituted the words “the Director of
Savings”.
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Section 21 of the Trustee Savings Banks Act 1954
(regulations as to deposits).
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In subsection (2), for the words “the post
office savings bank” there shall be substituted the words “the
National Savings Bank”; and, in subsection (4), for the words
“the post office savings bank” there shall be substituted the
words “the National Savings Bank”, for paragraph (b), there shall
be substituted the following paragraph:
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“(b) for the purpose of the payment or
transfer of any sum, for authorising a person to be treated as having been
domiciled in the place in which he was resident at the date of his
death”;
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and, in paragraph (c), for the words “the Postmaster
General” there shall be substituted the words “the Director of
Savings”.
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Section 54 of the Trustee Savings Banks Act 1954
(trustees of a trustee savings bank who propose to close the bank to give to
depositors notice of the facilities afforded by law for transfer of deposits
to a post office savings bank).
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In subsection (3), for the words “a post
office savings bank” there shall be substituted the words “the
National Savings Bank”.
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Section 56 of the Trustee Savings Banks Act 1954
(procedure available on closing a bank).
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In subsection (3), 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 post office savings bank” there shall be substituted the
words “the National Savings Bank”.
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Section 38 of the Administration of Justice Act
1956 (attachment of debts).
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In subsection (2), for the words “the Post
Office Savings Bank” there shall be substituted the words “the
National Savings Bank”.
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Section 9 of the Finance Act 1956 (relief from
income tax on certain savings bank interest).
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In subsection (1), for the words “the Post
Office savings bank” there shall be substituted the words “the
National Savings Bank”.
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Schedule 3 to the Insurance Companies Act 1958
(rules for valuing policies and liabilities).
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In paragraph 5, for the words “the purchase
of a 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 a savings bank
annuity”.
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Section 143 of the County Courts Act 1959
(attachment of debts).
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In subsection (2), for the words “the Post
Office Savings Bank” there shall be substituted the words “the
National Savings Bank”.
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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).
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In subsection (3), for the words “the Post Office
Savings Bank” there shall be substituted the words “the National
Savings Bank”.
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Part I of Schedule 1 to the Trustee Investments Act
1961 (narrower-range investments not requiring advice).
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In paragraph 2, for the words “the Post
Office Savings Bank” there shall be substituted the words “the
National Savings Bank”.
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Section 20 of the Finance Act 1966 (exclusion from
relief from income tax of interest on Post Office investment deposits).
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For the words “the Post Office savings
bank” there shall be substituted the words “the National Savings
Bank”.
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Enactments of the Parliament of Northern Ireland
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SCHEDULE 7
(Section 131)
SETTLEMENT OF FINANCIAL MATTERS OUTSTANDING ON THE APPOINTED DAY
1.-(1) 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.
(2) As
from the appointed day, –
(a) subsection (3) of the
said section 2 (destination of payments under that section) shall have effect
as if, for the reference to that section, there were substituted a reference to
the foregoing sub-paragraph and, for the reference to the Postmaster General,
there were substituted a reference to the Post Office; and
(b) subsection (4) of that
section (apportionment of sums paid under that section between Great Britain
and Northern Ireland)
shall have effect as if the reference to that section included a reference to
the foregoing sub-paragraph.
2.-(1) If, immediately
before the appointed day, and 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 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.
(2) 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.
3.-(1) 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.
(2) 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.
(3) The
payment falling to be made in pursuance of the last foregoing sub-paragraph
shall be defrayed as follows, that is to say, –
(a) so much as is
attributable to work done by the Postmaster General in the execution of the
National Health Service Contributions Act 1965, so much as is determined by the
Treasury to be attributable to work done by him in the execution of section 28
of the Redundancy Payments Act 1965 and so much as is so determined to be
attributable to work done by him in the execution of section 44 of the Finance
Act 1966 (selective employment tax) shall be defrayed out of moneys provided by
Parliament;
(b) the residue shall be
defrayed as part of the expenses of the Secretary of State in carrying into
effect the enactments mentioned in section 85(2) of the National Insurance Act
1965;
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.
4.-(1) 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.
(2) 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.
5.-(1) 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.
(2) 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.
(3) In
this paragraph, the expression “county council” shall be construed
in like manner as if it were contained in the Vehicles (Excise) Act 1962.
6.-(1) 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, –
(a) if subsection (3) of
section 35 of the local Government Act 1966 (deduction by Postmaster General,
from amount of duties in respect of such licences as aforesaid received by him,
of expenses incurred by him on work done in connection with issue thereof) is
not in force on that day, assume a liability to pay equivalent sums to the
authority;
(b) if that subsection is
in force on that day, assume a liability to 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 that subsection, have
been deducted by him therefrom.
(2) 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.
(3) 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 received
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.
7.-(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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
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(a) a sum equal to the
difference between the aggregate of the sums debited in pursuance of paragraph
(a) of subsection (3) of section 3 of
the Post Office Savings Bank Act 1966 (which paragraph operates to secure that
the Postmaster General is paid for work done by him in connection with
investment deposits) 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 debited in pursuance of that paragraph 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; and
(b) a sum equal to the
difference between the aggregate of the sums debited in pursuance of paragraph
(c) of that subsection (which
paragraph operates to secure that the Postmaster General is reimbursed amounts
paid by him under section 2 of the Post Office Act 1961 that are attributable
to the investment of deposits under the said Act of 1966) 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 debited in pursuance of that paragraph
in respect of the period aforesaid.
8.-(1) If, immediately
before the appointed day, there are in the hands of the Postmaster General any
sums of money received by him –
(a) in respect of purchases
or sales of government stock, national savings certificates or relevant
securities;
(b) for the purpose of the
payment on interest on, or the redemption of, government stock or relevant
securities;
(c) for the purpose of the
redemption or repayment of, or the payment of interest on, national savings certificates
or war savings certificates; or
(d) for the purpose of
making, in respect of relevant securities, payments other than payments of
principal or interest;
the Post Office shall, on that day, assume a liability to pay
equivalent sums to the Director of Savings.
(2) 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.
(3) 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.
(4) In
this paragraph –
(a) “government
stock” means stock registered in the register referred to in section
108(1) of this Act;
(b) “national savings
certificates” means the certificates issued by that name under section 59
of the Finance Act 1920, Part II of the National Debt Act 1958 or section 12 of
the National Loans Act 1968;
(c) “relevant
securities” means securities (other than national savings certificates) created
and issued under the National Loans Act 1939 or section 12 of the National
Loans Act 1968 for the purpose of raising money through the department of the
Postmaster General; and
(d) “war savings
certificates” means the certificates issued by that name under the War
Loan Act 1915 or section 58 of the Finance Act 1916.
9. 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.
10.-(1) 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.
(2) 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.
11.-(1) 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.
(2) 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.
(3) 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.
12. 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.
13. 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.
14. 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.
15.-(1) 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 –
(a) has fallen to be, but
has not been, made by the Postmaster General in respect of the termination
before the appointed day of the employment of a person in the civil service in
the department of the Postmaster General (whether or not in an established
capacity) or in any other capacity remunerated out of the Post Office Fund; or
(b) would, if this Act had
not passed, have fallen to be made by the Postmaster General in respect of the
termination, before the appointed day, of such employment as aforesaid of a
person;
that payment shall be made instead by the Post Office.
(2) 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.
(3) In
the case of a payment falling to be made by the Post Office –
(a) by virtue of
sub-paragraph (1) above; or
(b) by virtue of section 44
of this Act, in respect of the termination before the appointed day of such
employment of a person as is mentioned in sub-paragraph (1)(a) above,
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.
16.-(1) 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.
(2) In
the case of a payment by the Post Office –
(a) by virtue of
sub-paragraph (1) of the last foregoing paragraph; or
(b) by virtue of section 44
of this Act, in respect of the termination before the appointed day of such
employment of a person as is mentioned in that sub-paragraph;
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.
17.-(1) 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.
(2) 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 II(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.
18.-(1) 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.
(2) 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.
(3) Sums
retained in pursuance of either of the foregoing sub-paragraphs by the
Secretary of State shall be paid into the Consolidated Fund.
SCHEDULE 8
(Section 137)
OBSOLETE, &C., ENACTMENTS CEASING TO HAVE EFFECT
PART 1
ENACTMENTS CEASING TO HAVE EFFECT
ON THE PASSING OF THIS ACT
Enactment of the Parliament of England
* * * * * * * * * *
Enactments of the Parliament of the United Kingdom
|
Chapter
|
Title
or Short Title
|
Extent
to which Enactment is to cease to have Effect
|
|
* *
|
* * *
|
* * * * *
|
|
26 & 27 Vict. c. 112.
|
The Telegraph Act 1863.
|
Section 2.
In section 3, the definition of “the
company”.
Section II.
In section 14, the words “In the following
cases”, the figures (1) and (2), the words “If the company is
dissolved, or ceases for six months to carry on business”, the words
“(in the former case)”, the words “or (in the latter case)
by any of the company’s works”, the words “or leave a
notice at the last known office or place of business of the company”,
the words “in every such case” and the words from “The
present section” onwards.
|
|
|
|
Section 31.
|
|
|
|
Section 44.
|
|
|
|
Section 46.
|
|
|
|
Section 52
and 53.
|
|
29
& 30 Vict. c. 3.
|
The
Telegraph Amendment Act 1866.
|
The whole
Act.
|
|
31 & 32 Vict. c. 110.
|
The Telegraph Act 1868.
|
In section 3, the definition of “any
company”.
|
|
|
|
In section 9, paragraphs (1) and (2); in paragraph
(6), the words “pay the railway company the following sums by way of
compensation”, sub-paragraphs (a)
to (f), in sub-paragraph (g) the words “the Postmaster
General shall” and in sub-paragraph (h) the words from the beginning to “provided” and
paragraphs (9), (10) and (11).
|
|
|
|
Section 19.
|
|
|
|
In section 20, the words from “and the
Postmaster General” onwards.
|
|
|
|
Section 21.
|
|
|
|
Section 23.
|
|
32 & 33 Vict. c.73.
|
The Telegraph Act 1869.
|
In section 3, the definition of “telegraph
company”.
|
|
|
|
Section 7.
|
|
|
|
Sections 9 to 11.
|
|
|
|
Sections 23
and 24.
|
|
41 & 42 Vict. c. 76.
|
The Telegraph Act 1878.
|
In section 13, the words from “except
that” to “this Act”.
|
|
* *
|
* * *
|
* * * * *
|
|
55
& 56 Vict. c. 59.
|
The Telegraph
Act 1892.
|
Section
4(2). In section 12, the words from “The Governor” onwards.
|
|
56
& 57 Vict. c. 69.
|
The
Savings Bank Act 1893.
|
The
whole Act.
|
|
* *
|
* * *
|
* * * * *
|
|
8
Edw. 7 c. 33.
|
The
Telegraph (Construction) Act 1908.
|
Section
7.
|
|
* *
|
* * *
|
* * * * *
|
|
9 Edw. 7. c.
20.
|
The
Telegraph (Arbitration) Act 1909.
|
In
section 1, the words “have before the passing of this Act agreed, or
hereafter”.
|
|
* *
|
* * *
|
* * * * *
|
|
12,
13 & 14. Geo.6.c. 54
|
The
Wireless Telegraphy Act 1949.
|
Section 8.
Section 14(5)
Section 16(2), so far as relating to the power
conferred by section 8.
Section 18.
|
|
2 & 3 Eliz. 2. c. 62.
|
The Post Office Savings Bank Act 1954.
|
In section 4(2), paragraph (f) and the word “and” immediately preceding that
paragraph.
|
|
|
|
Section 23.
|
|
|
|
Section
24(2).
|
|
* *
|
* * *
|
* * * * *
|
|
1965, c. 2.
|
The
Administration of Justice Act 1965.
|
In
Schedule 1, the entry relating to the Telegraph Act 1869.
|
|
* *
|
* * *
|
* * * * *
|
|
1966, c. 12.
|
The
Post Office Savings Bank Act 1966.
|
In
section 7(3), the words “and 23”.
|
|
* *
|
* * *
|
* * * * *
|
Enactments of the Parliament of Northern Ireland
* * * * * * * *
PART II
ENACTMENTS CEASING TO HAVE EFFECT
ON THE APPOINTED DAY
Enactments of the Parliament of the United Kingdom
|
Chapter
|
Title
or Short Title
|
Extent
to which Enactment is to cease to have Effect
|
|
26 & 27 Vict. c. 112.
|
The Telegraph Act 1863.
|
Sections 41 to
43.
Sections 48 to
51.
|
|
33 & 34 Vict. c. 77.
|
The Juries Act 1870.
|
In the Schedule, the words “Officers of the
Post Office”.
|
|
22 & 23 Geo.5. c.9.
|
The Merchant Shipping (Safety and Load Line
Conventions) Act 1932.
|
In section 8, the proviso.
|
|
12, 13 & 14 Geo.6.c.54.
|
The Wireless Telegraphy Act 1949.
|
Section 14(4).
In section 15(4), the words from “and
criminal proceedings” onwards.
|
|
* *
|
* * *
|
* * * * *
|
Enactment of the Parliament of Northern Ireland
* * * * * * * * *
SCHEDULE 9
(Section 138)
GENERAL TRANSITIONAL PROVISIONS
1.-(1) 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.
(2) 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.
2.-(1) 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 –
(a) as if references to the
Crown, the Postmaster General, the Post Office or the Minister of Public
Building and Works (except in cases where they fall to be adapted by head (b) or (c) below) were (or, if the context so requires, included)
references to the authority established by section 6 of this Act;
(b) as if –
(i) references
in general terms (however worded) to officers of the Postmaster General, to
officers of the Post Office (otherwise than as defined by section 87(1) of the
Post Office Act 1953), to officers of the Crown or to servants of the
Postmaster General, the Post Office or the Crown were (or, if the context so
requires, included) references to persons employed by the authority established
by section 6 of this Act;
(ii) references
in general terms (however worded) to officers of the Post Office as so defined
were (or, if the context so requires, included) references to persons engaged
in the business of the said authority;
(iii) references
in general terms (however worded) to agents of the Postmaster General, the Post
Office or the Crown were (or, if the context so requires, included) references
to agents of the said authority;
(iv) references
(however worded) to an officer of the Postmaster General or the Post Office
holding a specified office were (or, if the context so requires, included)
references to the person employed by the said authority who corresponds, as
nearly as may be, to the first-mentioned officer; and
(v) references
(however worded) to a servant of the Postmaster General, the Post Office or the
Crown serving in a specified capacity were (or, if the context so requires,
included) references to the person employed by the said authority who
corresponds, as nearly as may be, to the first-mentioned servant;
(c) as if references
(whether express or implied and, if express, however worded) to property of the
Crown or the Postmaster General or his department were (or, if the context so
requires, included) references to property of the said authority and references
(whether express or implied and, if express, however worded) to land or
premises occupied by the Crown, the Postmaster General, his department or an
officer or servant of the Crown or Postmaster General were (or, if the context
so requires, included) references to land or premises occupied by the said
authority;
(d) as if any reference to
the making, under a government provision, of a payment to or in respect of a
person in consequence of his becoming ill, being injured or dying, were a
reference to the making, to or in respect of him in consequence of his becoming
ill, being injured or dying, of a payment falling to be made by virtue of a
condition of his service (whether binding in law or not) providing for the
making, in consequence of his becoming ill, being injured or dying, of a
payment to or in respect of him.
(2) 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.
(3) 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.
3.-(1) Any such
regulations as follows that are in force immediately before the appointed day,
that is to say, –
(a) regulations under section
11 of the Juries Act 1862;
(b) regulations under
section 22 of the Juries Act (Ireland)
1871;
(c) * * * * * * * *
(d) regulations under the
Telephone Act 1951;
(e) regulations made, or
having effect as if made, under the Telegraph Act 1962;
and are not revoked by virtue of sub-paragraph (4) below shall,
with the substitution, for references to the Postmaster General, of references
to the Post Office, with the omission of provisions as to evidence, deductions
of money payable to bankers for or on account or in respect of money orders and
limitation or exclusion of liability (except liability in respect of money
orders that have become void by effluxion of time) and with any requisite
modifications, have effect on and after that day as if they were provisions of
schemes made under section 28 of this Act and coming into operation on that day
and may be revoked or amended accordingly, and any charges fixed under any such
regulations as aforesaid that are not revoked by virtue of that sub-paragraph
shall have effect as if fixed under schemes so made and coming into operation.
(2) *
* * * * * *50
(3) Conclusive
evidence of charges fixed under regulations made under the Telephone Act 1951
or regulations made, or having effect as if made, under section 81 of the Post
Office Act 1953 or under the Telegraph Act 1962 may be given in all courts of
justice and in all legal proceedings by the production of a copy of the London,
Edinburgh or Belfast Gazette in which they were published.
(4)50 A scheme made under section 28 of this
Act which is to come into effect on the appointed day may revoke or amend any
such regulations as are referred to in sub-paragraph (1) above, and may repeal
section 10(3) of the Post Office Act 1953.
(5) Any
reference in an agreement or licence in force on the appointed day to a
provision of any such regulations as are mentioned in sub-paragraph (1)(d) or (e) above (other than a provision relating to evidence or to
limitation or exclusion of liability) shall, if during the currency of the agreement
or licence that provision is revoked, be construed (unless the context
otherwise requires) as referring to the corresponding provision for the time
being in force of a scheme made under section 28 of this Act; and any reference
in any such agreement or licence to a provision of any such regulations
relating to limitation or exclusion of liability shall, as from that day, be
construed in like manner as if that provision had not ceased to be in force.
(6) For
the purposes of section 69 of this Act, proceedings instituted by or against
the Postmaster General which are continued by or against the Post Office shall
be treated as having been instituted by or against the Post Office; and the
reference in subsection (1) of that section to a sum due to the Post Office
under such provisions as are therein mentioned shall be taken to include a
reference to a sum that, having been due to the Postmaster General under any
such regulations as are mentioned in sub-paragraph (1)(d) or (e) above, has, by
virtue of section 16 of this Act, become due to the Post Office.
4. Any
postage or other sum payable under the Post Office Act 1953 in respect of a
postal packet which has not been paid before the appointed day shall, on that
day, become payable to the Post Office and be treated for the purposes of this
Act as if it were exigible under a scheme made under section 28 thereof; and
any proceedings instituted by the Crown for the recovery of any such sum as
aforesaid that are pending on that day may be continued by the Post Office in
like manner as if they had been instituted by it.
5.-(1) References in
sections 70 and 71 of this Act to a money order issued by the Post Office shall
include references to –
(a) a money order issued by
the Postmaster General but not paid before the appointed day; and
(b) an order issued by him
in pursuance of such an arrangement as is mentioned in section 24 of the Post
Office Act 1953 (as in force immediately before the appointed day) but not so
paid, being an order which is for the payment of money in the British Islands
and corresponds to a money order issued by him;
and the reference in the said section 71 to payment by the Post
Office shall include a reference to payment by the Postmaster General.
(2) 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.
(3) In
this paragraph “the British
Islands” means the United Kingdom,
the Isle of Man and the Channel
Islands.
6. An
authorisation given under section 3(1), 61, 62 or 64 of the Post Office Act
1953 by the Postmaster General which is effective at the appointed day shall
have effect as from that day as if given by the Post Office, and a declaration
under section 78(1) of that Act by the Postmaster General which is so effective
shall so have effect as if made by the Post Office.
7. An
undertaking given under section 51(2) or (3) of the Post Office Act 1953 to the
Postmaster General shall, if effective at the appointed day, have effect, as
from that day, as if given to the Post Office.
8. Where,
on the appointed day there are in progress any proceedings for the settlement
or determination, under the Telegraph Act 1863 or the Telegraph Act 1878, of a
difference, dispute, matter or question or the amount or application of
compensation, being proceedings to which the Postmaster General is a party, the
Post Office shall be substituted for the Postmaster General as a party to the
proceedings; and where, on that day, there are in progress any proceedings
under section 8 of the last-mentioned Act for the recovery by the Postmaster
General of either or both of the following, namely, expenses incurred by him in
making good destruction of, or injury to, a telegraphic line and a daily fine
in respect of the interruption of telegraphic communication, the Post Office
shall be similarly substituted.
9.-(1) This paragraph
applies to the following instruments, namely, –
(a) the agreement dated 2nd
April 1962 whereto the parties are the Postmaster General and the Commercial
Cable Company, Incorporated (a company incorporated under the law of the State
of New York of the United States of America);
(b) the agreement dated 1st April 1963 whereto the
parties are the Postmaster General and the Compagnie Française des
Câbles Télégraphiques S.A. (a company incorporated under
the law of France);
(c) the agreement dated
27th December 1965 whereto the parties are the Postmaster General and Western
Union International, Incorporated (a company incorporated under the law of the
State of Delaware of the United States of America); and
(d) the licence dated 1st March 1966 whereto the
parties are Her Majesty, the Crown Estate Commissioners, the Postmaster General
and Det Store Nordiske Telegraf-Selskab Aktieselskab (a company incorporated
under the law of the Kingdom
of Denmark and commonly
known in the United Kingdom,
and in that licence referred to, as the Great Northern Telegraph Company
Limited).
(2) 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.
10.-(1) 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 Telegraph Act 1949)
shall, as from that day, have effect as if it had been granted under section
27(1) of this Act and –
(a) as if references to the
Crown (except in contexts referring to a Minister of the Crown) or to the
Postmaster General or the Post Office (except in cases where they fall to be
adapted by head (b) below) were
references to the authority established by section 6 of this Act; and
(b) as if –
(i) references
in general terms (however worded) to officers of the Postmaster General, to
officers of the Post Office (otherwise than as defined by section 87(1) of the
Post Office Act 1953), or to servants of the Postmaster General or the Post
Office were (or, if the context so requires, included) references to persons
employed by the authority established by section 6 of this Act;
(ii) references
in general terms (however worded) to officers of the Post Office as so defined
were (or, if the context so requires, included) references to persons engaged
in the business of the said authority;
(iii) references
in general terms (however worded) to agents of the Postmaster General or the
Post Office were (or, if the context so requires, included) references to
agents of the said authority;
(iv) references
(however worded) to an officer of the Postmaster General or the Post Office
holding a specified office were references to the person employed by the said
authority who corresponds, as nearly as may be, to the first-mentioned officer;
and
(v) references
(however worded) to a servant of the Postmaster General or the Post Office
serving in a specified capacity were references to the person employed by the
said authority who corresponds, as nearly as may be, to the first-mentioned
servant.
(2) 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.
11. 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.
12. 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.
13. 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.
14.-(1) A notice given
under section 26 of the Electric Lighting Act 1882 by undertakers 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; any requirements made under
that section by the Postmaster General which are so effective shall, as from
that day, have effect as if made by the Post Office; and any arbitration on a
difference under that section which is in progress immediately before that day
may be continued with the substitution of the Post Office for the Postmaster
General as a party thereto.
(2) A
requirement imposed under section 4(2) of the Electric Lighting Act 1888 by the
Postmaster General which is effective at the appointed day shall, as from that
day, have effect as if imposed by the Post Office.
(3) An
approval given under section 10(c) of
the Schedule to the Electric Lighting (Clauses) Act 1899 with the concurrence
of the Postmaster General which is effective at the appointed day shall, as from
that day, have effect as if given with the concurrence of the Post Office; a
notice served under section 14 of that Schedule by undertakers on the
Postmaster General which is so effective shall, as from that day, have effect
as if served on the Post Office; a requirement imposed or approval or
disapproval notified under that section by the Postmaster General which is
effective at the appointed day shall, as from that day, have effect as if
imposed or notified by the Post Office; and a requirement imposed under section
60 of that Schedule which is effective at the appointed day shall, as from that
day, have effect as if imposed by the Post Office.
(4) Any
notice given under section 20 of the Schedule to the Electric Lighting
(Clauses) Act 1899 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, any requisition served under that section by the Postmaster General
which is effective at that day shall, as from that day, have effect as if
served by the Post Office and any arbitration under that section which is in
progress immediately before that day, being an arbitration to which the
Postmaster General is a party, may be continued with the substitution of the
Post Office for the Postmaster General.
15. An
order under section 187 of the Bankruptcy (Scotland) Act 1913 or section 24 of
the Bankruptcy Act 1914 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.
16. 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.
17.-(1) 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.
(2) 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 –
(a) section 17 of the
Restriction of Ribbon Development Act 1935;
(b) an enactment contained
in Part II or IV of the Public Health Act 1936 or Part II of the Public Health
Act 1961 or byelaws or regulations made under an enactment so contained;
(c) the London Building
Acts 1930 to 1939 or byelaws made thereunder;
(d) the Thermal Insulation
(Industrial Buildings) Act 1957 or regulations made thereunder;
(e) section 72, 73, 74, 75,
81 or 159 of the Highways Act 1959;
(f) paragraph 13, 15
or 18 of Part III of Schedule 9 to the London Government Act 1963 or byelaws
made under paragraph 6 of that Part of that Schedule; or
(g) any enactment contained
in a local Act made for purposes similar to the purposes of any of the
aforesaid enactments or any byelaws made under any enactment contained in a
local Act so made;
and “works” includes any building, structure,
excavation or other work on land.
(3) 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.
(4) 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.
(5) In
the application of this paragraph to Scotland, the following shall be
substituted for heads (a) to (g) of sub-paragraph (2): -
“(a) an enactment
contained in the Burgh Police (Scotland)
Acts 1892 to 1903 or under the Public Health (Scotland) Act 1897 or byelaws made
under any such enactment;
(b) the
Roads Improvement Act 1925;
(c) section
17 of the Restriction of Ribbon Development Act 1935;
(d) section
53 of the Water (Scotland)
Act 1946;
(e) the
Thermal Insulation (Industrial Buildings) Act 1957 or regulations made
thereunder;
(f) the
Building (Scotland)
Act 1959 or regulations made thereunder;
(g) the
Sewerage (Scotland)
Act 1968;
(h) any
enactment contained in a local Act made for purposes similar to the purposes of
any of the aforesaid enactments or any byelaws made under any enactment
contained in a local Act so made; or
(i) any
enactment or rule of the common law conferring powers on a dean of guild
court”.
(6) In
the application of this paragraph to Northern Ireland, the following
shall be substituted for heads (a) to
(g) of sub-paragraph (2): -
“(a) section 9 of the
Summary Jurisdiction (Ireland)
Act 1851;
(b) an
enactment contained in the Public Health Acts (Northern Ireland) 1878 to 1967 or
byelaws made under an enactment so contained;
(c) an enactment
contained in the Housing Acts (Northern
Ireland) 1890 to 1967;
(d) the
Roads Improvement Act (Northern
Ireland) 1928; or
(e) any
enactment contained in a local Act made for purposes similar to the purposes of
any of the aforesaid enactments or any byelaws or orders made under any
enactment contained in a local Act so made”.
18.-(1) Any regulations
under section 79 of the Representation of the People Act 1949 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.
(2) 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.
19.-(1) 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.
(2) Any
security given under any such regulation as aforesaid which is effective at the
appointed day shall, as from that day, have effect as if given to the said
authority.
20.-(1) Nothing in Part
III of this Act shall affect the validity of anything done by, or in relation
to, the Postmaster General before the appointed day under or by virtue of the
Public Utilities Street Works Act 1950; and anything which, immediately before
that day, is in process of being done under, or by virtue of, that Act by or in
relation to him (including, in particular, any legal proceedings to which he is
a party) may be continued by, or in relation to, the Post Office.
(2) Any
notice or direction given or other thing whatsoever done under the said Act of
1950 by the Postmaster General shall, if effective at the appointed day,
continue in force and have effect as if similarly given or done by the Post
Office.
21. A
notice served under section 29 of the Income Tax Act 1952 (power to obtain
information as to interest paid or credited without deduction of tax) on the
Postmaster General before the appointed day shall, if it has not been complied
with before that day, be deemed to have been served on the Director of Savings;
and subsection (1) of that section shall, in its application on and after that
day to the National Savings Bank, have effect as if the reference to interest
paid or credited by the Director of Savings included, as regards any period
before that day, a reference to interest paid or credited by the Postmaster
General to depositors.
22. A
notice given under section 6 of the Local Government (Miscellaneous Provisions)
Act 1953 (supplementary provisions as to omnibus shelters, &c.) 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 at 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.
23. 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.
24. 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.
25. 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.
26. 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.
27.-(1) 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.
(2) 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 –
(a) 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;
(b) 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;
(c) 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.
(3) 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 –
(a) 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;
(b) in a 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;
(c) 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.
(4) 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 –
(a) the relevant period
expires with the day immediately preceding the appointed day or with an earlier
day; and
(b) that authority does
not, before the expiration of that period, notify the Postmaster General in
writing as mentioned in sub-paragraph (1), (2) or (3) above or that it objects
to the proposal;
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.
(5) 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.
(6) 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.
(7) Parts
VI and XI of the Town and Country Planning Act 1962 shall not have effect in a
case in which planning permission is deemed, by virtue of this paragraph, to be
granted.
In the application of this sub-paragraph to Scotland, for the
reference to Parts VI and XI of the Town and Country Planning Act 1962 there
shall be substituted a reference to the following provisions –
(a) sections 1 and 2, Part
II, sections 50, 65 and 66 of the Town and Country Planning (Scotland) Act
1954; and
(b) section 31 of the Town
and Country Planning (Scotland)
Act 1959.
(8) Section
7 of the Control of Office and Industrial Development Act 1965 shall not have
effect in relation to planning permission deemed, by virtue of this paragraph,
to be granted.
(9) 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 19(4) of the
Town and Country Planning Act 1962 that contains entries relating to
applications for planning permission that have been finally disposed of, the
following particulars, namely, –
(a) the date on which the
permission is deemed to be granted;
(b) a general description
of the development to which the permission relates and of the land to be
developed in accordance with the permission;
(c) 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;
(d) 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 Minister of Housing and Local Government 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.
In the application of this sub-paragraph to Scotland, for the
references to section 19(4) of the Town and Country Planning Act 1962 and to
the Minister of Housing and Local Government there shall be substituted
respectively references to section 12(5) of the Town and Country Planning
(Scotland) Act 1947 and to the Secretary of State.
(10) For the
purposes of section 99(3) of the Land Commission Act 1967, planning permission
which, by virtue of sub-paragraph (2) or (3) above, is deemed to be granted
subject to approval on any matter, shall be deemed to be granted on an outline
application.
(11) Section 69 of
the Town and Country Planning Act 1968 and section 70 of the Town and Country
Planning (Scotland) Act 1969 shall have effect in relation to the Post Office
as if, at the end of paragraph (d) of
subsection (3) thereof, there were added the following –
“or
(e) deemed
to be granted by virtue of paragraph 27 of Schedule 9 to the Post Office Act
1969”.
(12) In this
paragraph, –
(a) “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 1962 and, in the application of this paragraph to
Scotland, the same meanings as in the Town and Country Planning (Scotland) Act
1947;
(b) “the relevant
condition as to time” –
(i) 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;
(ii) 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);
(c) “relevant
period”, in relation to a notification to a local planning authority of a
proposal to carry out development, means the period of two months from the day
on which the notification is received by the authority or such longer period as
may, before the expiration of the first-mentioned period, be agreed in writing
between the authority and the Postmaster General.
(13) 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.
(14) Sections 65
and 66 of the Town and Country Planning Act 1968 and sections 66 and 67 of the
Town and Country Planning (Scotland)
Act 1969 (which relate to the duration of planning permission) shall not apply
to planning permission deemed, by virtue of this paragraph, to be granted.
(15) Subsections
(3) and (5) of section 67 of the Town and Country Planning Act 1968 (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 section 65 or 66 of that Act, of a reference to
planning permission deemed, by virtue of this paragraph, to be granted.
In the application of this sub-paragraph to Scotland, for the
references to subsections (3) and (5) of section 67 of the Town and Country
Planning Act 1968 and to sections 65 and 66 of that Act there shall be substituted
respectively references to subsections (3) and (5) of section 68 of the Town
and Country Planning (Scotland) Act 1969 and to sections 66 and 67 of that Act.
(16) 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.
(17) This
paragraph does not extend to Northern
Ireland.
28.-(1) Notwithstanding
section 83 of the Town and Country Planning (Scotland) Act 1947 or section 199
of the Town and Country Planning Act 1962 (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 36 of the Town and Country
Planning (Scotland) Act 1959 and section 16 of the said Act of 1962
(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.
(2) Any
approval required under a development order (within the meaning of the said Act
of 1947 or of the said Act of 1962) 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.
29. No
enforcement notice shall be served by virtue of section 72(1) of the Town and
Country Planning (Scotland) Act 1947 or under paragraph 12 of Schedule 13 to
the Town and Country Planning Act 1962 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 15 of the Town and Country Planning Act 1968 or section 15 of the Town
and Country Planning (Scotland) Act 1969 in respect of development carried out
before the appointed day on land that so vests.
30. Neither
an interim development authority, nor, where the Minister of Development for
Northern Ireland is exercising any of the functions of such an authority, that
Ministry, 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.
31.-(1) Subsection (2)
of section 57 of the Landlord and Tenant Act 1954 (modification on grounds of
public interest of rights under Part II of that Act) shall not preclude the
giving, in relation to a tenancy, of a certificate under subsection (1) or (5)
of that section by the Minister if, in relation to the tenancy, a notice has
been given under the first-mentioned subsection by the Postmaster General; but
in a case in which this paragraph applies, the Minister shall, before
determining whether to give the certificate, consider any representations made
in writing by the tenant to the Postmaster General within twenty-one days of
the giving of the notice.
(2) A
certificate given by the Postmaster General under subsection (1) or (5) of the
said section 57 with respect to property in which, immediately before the
appointed day, the landlord’s interest belongs to him, shall not be
rendered ineffective by reason of the vesting, on that day, by virtue of
section 16 of this Act, of that interest in the Post Office.
32.-(1) 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.
(2) 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 –
(a) goods consigned for
carriage by post; or
(b) goods that are the
subject of an agreement between the Post Office and another person who carries
on business as a carrier of goods whereunder the Post Office undertakes to
carry on his behalf goods consigned to him for carriage;
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, –
“(b) for
the carriage of goods for hire or reward”.
(3) This
paragraph shall be construed as one with Part IV of the Road Traffic Act 1960.
33.-(1) Where a person
enters the employment of the Post Office on the appointed day and, immediately
before that day, was occupied in the department of the Postmaster General in
employment to which this paragraph applies, then, for the purpose of
ascertaining the length of the period of his employment for the purposes of
sections 1 and 2 of the Contracts of Employment Act 1963, Schedule 1 to that
Act shall have effect –
(a) as if, in a case where
he was so occupied otherwise than under a contract of service, employment of
his to which this paragraph applies in which he was occupied otherwise than as
aforesaid before the appointed day, whether or not in the department of the
Postmaster General, had been employment within the meaning of the said Act of
1963, and, while he was occupied therein, he had been an employee within the
meaning of that Act, but as if for paragraph 4 of that Schedule there were
substituted the following paragraph:
-
“4. Any
week during the whole or part of which the terms of his employment normally
involve employment for twenty-one hours or more weekly shall count in computing
a period of employment”;
and
(b) as if, in any case,
subject to the next following sub-paragraph, the period, ending immediately
before the appointed day, of employment of his to which this paragraph applies,
whether or not in the department of the Postmaster General, counted as a period
of employment with the Post Office (if, apart from this provision, it would not
so count) and his transfer to employment with the Post Office did not break the
continuity of the period of employment (if, apart from this provision, the
transfer would do so).
(2) Where,
before the appointed day, a person’s employment to which this paragraph
applies was terminated and a payment made to him in respect of the termination
in accordance with the Superannuation Act 1965 or any enactment repealed by
that Act, or under such arrangements as are mentioned in section 41(3) of the
Redundancy Payments Act 1965, then, whether or not he was re-employed in
employment to which this paragraph applies immediately following that
termination, Schedule 1 to the said Act of 1963 shall have effect as if the
period of his employment before that termination in employment to which this
paragraph applies did not count as a period of employment with the Post Office.
(3) In
the application of paragraph 7 of Schedule 2 to the said Act of 1963
(calculation of rates of remuneration) to a person in whose case sub-paragraph
(1) above applies, references in that paragraph to a former employer and a
period of employment with a former employer shall be construed in accordance
with the foregoing sub-paragraphs, and the reference in that paragraph to
paragraph 10 of Schedule 1 to that Act shall include a reference to head (b) of that sub-paragraph.
(4) Section
7 of the said Act of 1963 (power to vary number of weekly hours of employment
necessary to qualify for rights) shall have effect as if the references therein
to paragraph 4 of Schedule 1 to that Act included references to the paragraph
substituted therefor by sub-paragraph (1) above and to the next following
sub-paragraph.
(5) This
paragraph applies to employment of a person in the civil service of the State
in an established or unestablished capacity within the meaning of the
Superannuation Act 1965, and to employment of a person therein in part-time
service, where he gives personal service of at least twenty-one hours a week
and the remuneration in respect thereof is defrayed entirely out of the Post
Office Fund or moneys provided by Parliament.
34.-(1) For the purpose
of computing, for the purposes of the Redundancy Payments Act 1965, a period of
employment of a person in whose case sub-paragraph (1) of the last foregoing
paragraph applies, any reference in that Act to Schedule 1 or 2 to the
Contracts of Employment Act 1963 shall, in relation to employment of his to
which the last foregoing paragraph applies, being employment before the
appointed day, be construed as a reference to the said Schedule 1 or 2, as the
case may be, as it has effect by virtue of the last foregoing paragraph.
(2) Where
a person enters the employment of the Post Office on the appointed day and,
immediately before that day, was occupied in the department of the Postmaster
General in employment to which the last foregoing paragraph applies, then, for
the purposes of computing a period of employment for the purposes of Schedule 1
to the said Act of 1963 as applied by the said Act of 1965, a period in which
he was occupied in employment to which the last foregoing paragraph applies
shall, notwithstanding the provisions of section 16(4) of the said Act of 1965
(which excludes the application of section 1 of that Act to a person in respect
of certain employment) be treated as if it had been a period in respect of
which section 1 of that Act had applied.
35.-(1) Where a person
enters the employment of the Post Office on the appointed day and immediately
before that day was occupied in the department of the Postmaster General in
employment to which this paragraph applies, then, for the purpose of
ascertaining the length of the period of his employment for the purposes of
sections 1 and 2 of the Contracts of Employment and Redundancy Payments Act
(Northern Ireland) 1965, Schedule 1 to that Act shall have effect –
(a) as if, in a case where
he was so occupied otherwise than under a contract of service, employment of
his to which this paragraph applies in which he was occupied otherwise than as
aforesaid before the appointed day, whether or not in the department of the
Postmaster General, had been employment within the meaning of the said Act of
1965, and, while he was occupied therein, he had been an employee within the
meaning of that Act, but as if, for paragraph 4 of that Schedule, there were
substituted the following paragraph:
-
“4. Any
week during the whole or a part of which the terms of his employment normally
involve employment for twenty-one hours or more weekly shall count in computing
a period of employment”;
and
(b) as if, in any case,
subject to the next following sub-paragraph, the period, ending immediately
before the appointed day, of employment of his to which this paragraph applies,
whether or not in the department of the Postmaster General, counted as a period
of employment with the Post Office (if, apart from this provision, it would not
so count) and his transfer to employment with the Post Office did not break the
continuity of the period of employment (if, apart from this provision, the
transfer would do so).
(2) Where,
before the appointed day a person’s employment to which this paragraph
applies was terminated and a payment made to him in respect of the termination
in accordance with the Superannuation Act 1965 or any enactment repealed by
that Act, or under such arrangements as are mentioned in section 41(3) of the
Redundancy Payments Act 1965, then, whether or not he was re-employed in
employment to which this paragraph applies immediately following that
termination, Schedule 1 to the Contracts of Employment and Redundancy Payments
Act (Northern Ireland) 1965 shall have effect as if the period of his
employment before that termination in employment to which this paragraph
applies did not count as a period of employment with the Post Office.
(3) In
the application of paragraph 7 of Schedule 2 to the Contracts of Employment and
Redundancy Payments Act (Northern Ireland) 1965 (calculation of rates of
remuneration) to a person in whose case sub-paragraph (1) above applies,
references in that paragraph to a former employer and a period of employment
with a former employer shall be construed in accordance with the foregoing
sub-paragraphs, and the reference in that paragraph to paragraph 10 of Schedule
1 to that Act shall include a reference to head (b) of that sub-paragraph.
(4) Section
7 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland)
1965 (power to vary number of weekly hours of employment necessary to qualify
for rights) shall have effect as if the reference therein to paragraph 4 of
Schedule 1 to that Act included a reference to the paragraph substituted
therefor by sub-paragraph (1) above and to sub-paragraph (7) below.
(5) For
the purpose of computing, for the purposes of the Contracts of Employment and
Redundancy Payments Act (Northern Ireland) 1965, a period of employment of a
person in whose case sub-paragraph (1) of this paragraph applies, any reference
in that Act to Schedule 1 or 2 to that Act shall, in relation to employment to
which this paragraph applies of his before the appointed day, be construed as a
reference to the said Schedule 1 or 2, as the case may be, as it has effect by
virtue of sub-paragraphs (1) to (4) above.
(6) Where
a person enters the employment of the Post Office on the appointed day and,
immediately before that day, was occupied in the department of the Postmaster
General in employment to which this paragraph applies, then, for the purpose of
computing a period of employment for the purposes of the said Schedule 1 as
applied by Schedule 3 to the said Act of 1965, a period in which he was
occupied in employment to which this paragraph applies shall, notwithstanding
the provisions of section 26(3) of the said Act of 1965 (which excludes the
application of section 11 of that Act to a person in respect of certain
employment), be treated as if it had been a period in respect of which section
11 of that Act had applied.
(7) This
paragraph applies to employment of a person in the civil service of the State
in an established or unestablished capacity within the meaning of the
Superannuation Act 1965, and to employment of a person therein in part-time
service where he gives personal service of at least twenty-one hours a week and
the remuneration in respect thereof is defrayed entirely out of the Post Office
Fund or moneys provided by Parliament.
36.-(1) Notwithstanding
paragraph 82 of Schedule 4 to this Act, the Board of Trade may, out of moneys
provided by Parliament, 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 they might have made to him under section 1 or 2 of the Industrial
Development Act 1966 if this Act had not passed.
(2) 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.
(3) Section
8 of the Industrial Development Act 1966 (conditions) shall have effect as if references
therein to Part I of that Act included references to sub-paragraph (1) above.
37.-(1) 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.
(2) 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.
(3) 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.
38. 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.
39.-(1) Where –
(a) in relation to relevant
land, an act or event falling within Case C occurs between the passing of this
Act and the appointed day or has occurred before the passing of this Act and
occurs or occurred in circumstances in which, but for the exemptions enjoyed by
the Postmaster General as mentioned in section 2(1) of the Post Office Act
1961, a credit would be, or have been, taken to have arisen from the act or
event by reason of the case falling within paragraph 2 of Schedule 11 to the
Land Commission Act 1967 (carry forward of credit from previous chargeable act or
event); or
(b) in relation to land in
the case in which an interest therein vests in the Post Office by virtue of
section 16 of this Act, an act or event falling within Case E occurs between
the passing of this Act and the appointed day or has occurred before the
passing of this Act, and occurs or occurred in circumstances in which, but for
the exemptions aforesaid, a credit would be, or have been, taken to have arisen
from the act or event by reason of the case falling within paragraph 3 of the
said Schedule 11;
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.
(2) 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.
(3) 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.
(4) 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.
40.-(1) 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.
(2) 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.
(3) 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.
(4) 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.
41.-(1) 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.
(2) 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.
(3) 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 –
(a) a hereditament 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 telecommunications services ;
or
(b) a hereditament occupied
by the Post Office by the underground railway.
(4) 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.
(5) This
paragraph extends to England
and Wales
only.
42.-(1) If, in the case
of lands and heretages 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.
(2) 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.
(3) 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.
(4) This
paragraph extends to Scotland
only.
43.-(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) This
paragraph extends to Northern
Ireland only.
44.-(1) 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.
(2) 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.
(3) 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.
45. 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.
46.-(1) 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.
(2) 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.
47. 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.
48. The
following enactments, namely, –
(a) 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) ;
(b) 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
(c) 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);
shall not apply to any regulations or scheme contained in a
statutory instrument made before the appointed day if that instrument states
that it is made in consequence of this Act ; but any such regulations or scheme
to which the said section 107(1) or 4(8)(a) would otherwise apply shall instead
be subject to annulment in pursuance of a resolution of either House of
Parliament.
49. Where
works on land vested in the Post Office by virtue of this Act are executed by
it so as injuriously to affect another person who would, had the works been
executed by the Postmaster General, have had a right to receive from him
compensation in respect of the injurious affection, that person shall have the
right to receive from the Post Office compensation in respect of the injurious
affection.
50.-(1) Where, on the
appointed day, a matter in dispute between the Postmaster General and another
stands referred, under section 8 of the Post Office Savings Bank Act 1954 to
the Registrar (as defined by that Act) or to a person to whom the powers and
duties under that section of the Registrar have been transferred by virtue of
subsection (5) thereof, the Director of Savings shall be substituted for the
Postmaster General as a party to the reference ; and an award, order or
determination made under that section before that day shall, as from that day,
bind the Director of Savings.
(2) Where,
on the appointed day, a matter in dispute between the Postmaster General and
the holder of stock stands referred, under section 4 of the National Debt Act
1958, to the Chief Registrar of friendly societies, the Assistant Registrar of
friendly societies in Scotland or a deputy appointed by the Chief Registrar of
friendly societies, the Director of Savings shall be substituted for the
Postmaster General as a party to the reference ; and an award made under that
section before that day that binds the Postmaster General shall, as from that
day, bind the Director of Savings.
51. 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.
52. 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.
53. 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 acknowledgement
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 acknowledgement 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.
54. 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.
SCHEDULE 10
(Section 138)
SPECIAL TRANSITIONAL PROVISIONS WITH RESPECT TO PATENTS FOR
INVENTIONS AND REGISTERED DESIGNS
* * * * * * * *
SCHEDULE 11
(Section 141)
REPEALS AND REVOCATIONS
ENACTMENTS REPEALED ON THE PASSING OF THIS ACT
PART I
|
Chapter
|
Short
Title
|
Extent
of Repeal
|
|
* *
|
* * *
|
* * * * *
|
|
2 & 3 Eliz. 2. c. 62.
|
The Post Office Savings Bank Act 1954.
|
Section 19(3).
|
|
|
|
In section 24(1), the words from “and a
draft” onwards.
|
|
1966, c.12.
|
The Post Office Savings Bank Act 1966.
|
Section 3(4).
|
The above repeal of section 24(1) of the Post Office Savings Bank
Act 1954 shall not render section 6(1) of the Statutory Instrument Acts 1946
inoperative as respects an instrument whereof a draft has been laid before Parliament
before the passing of this Act.
PART II
ENACTMENTS REPEALED ON THE
APPOINTED DAY
Enactment of the Parliament of Great Britain
* * * * * * * * *
Enactments of the Parliament of the United Kingdom
|
Chapter
|
Title
or Short Title
|
Extent
of Repeal
|
|
* *
|
* * *
|
* * * * *
|
|
26 & 27 Vict. c. 112.
|
The Telegraph Act 1863.
|
Section 5(2), so far as relating to service of
notices on the company.
|
|
* *
|
* * *
|
* * * * *
|
|
31 & 32 Vict. c. 110.
|
The Telegraph Act 1868.
|
Section 22.
|
|
* *
|
* * *
|
* * * * *
|
|
32 & 33 Vict. c. 73.
|
The Telegraph Act 1869.
|
The whole Act.
|
|
* *
|
* * *
|
* * * * *
|
|
41 & 42 Vict. c. 76.
|
The Telegraph Act 1878.
|
In section 12, the words from “A notice
required to be given under this Act to the Postmaster General” to
“usual place of abode”.
|
|
* *
|
* * *
|
* * * * *
|
|
47 & 48 Vict. c. 76.
|
The Post Office (Protection) Act 1884.
|
In section 11, the words “the post office,
or”.
|
|
* *
|
* * *
|
* * * * *
|
|
19 & 20 Geo.5. c. 29.
|
The Government Annuities Act 1929.
|
Section 51(1).
In section 52, in subsection (2), the words
“or by the Post-master General with the consent of the
Commissioners”, and subsection (3).
In section 54(4), the words “other than a post
office savings bank”.
|
|
* *
|
* * *
|
* * * * *
|
|
14 & 15 Geo.6. c. 52.
|
The Telephone Act 1951
|
The whole Act.
|
|
* *
|
* * *
|
* * * * *
|
|
2 & 3 Eliz. 2. c. 62.
|
The Post Office Savings Bank Act 1954.
|
In section 25, the definitions of “post office
savings bank” and “Post Office Savings Banks Fund”.
|
|
* *
|
* * *
|
* * * * *
|
|
7 & 8 Eliz. 2. c. 6.
|
The National Debt Act 1958.
|
In section 1(1), the words “by the name of the
Post Office register”.
Section 13.
|
|
* *
|
* * *
|
* * * * *
|
|
10 & 11 Eliz. 2. c. 14.
|
The Telegraph Act 1962.
|
The whole Act.
|
|
* *
|
* * *
|
* * * * *
|
|
1964, c. 21.
|
The Television Act 1964.
|
In section 2(6), the words “or section 5 of
the Telegraph Act 1869” and the word “respectively”.
|
|
* *
|
* * *
|
* * * * *
|
|
1966,
c. 12.
|
The
Post Office Savings Bank Act 1966.
|
Section 1(3)(c).
Section 3(3)(a) and (c).
Section 7(4)
and (5).
Section
8(1) and (3).
|
|
1966, c. 18.
|
The Finance
Act 1966.
|
In section 44, in subsection (4), the words
“except the Postmaster General”, and subsection (5).
Section 48.
|
|
* *
|
* * *
|
* * * * *
|
|
1967,
c. 72.
|
The
Wireless Telegraphy Act 1967.
|
Section
14(1).
|
|
1967, c. 80.
|
The Criminal Justice Act 1967.
|
In Schedule 3, the entry relating to section 66 of
the Post Office Act 1953.
|
|
* *
|
* * *
|
* * * * *
|
Enactments of the Parliament of Northern Ireland
* * * * * * * *
PART III
ORDERS IN COUNCIL REVOKED ON THE
APPOINTED DAY
* * * * * * * *