Post Office Act 1969

Sections 76, 88, 139.

SCHEDULE 4 U.K. 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 U.K. Interpretation

1 U.K. In this Schedule “the authority” means the authority established by section 6 of this Act.

Part II U.K. Adaptations of public general Enactments

Adaptations of Enactments relating to the Post U.K.

2 (1) With reference to any point of time after the beginning of the appointed day, any reference in the provisions of the M1 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
	F1 . . .
Section 16	Application of customs Acts to postal packets.
Section 22	Issuing money orders with fraudulent intent.
Section 24	Arrangements with other countries as to money orders.
Section 25	Outward bound ships.
Section 26	Inward bound ships and aircraft.
Section 27	Owners’ letters.
Section 28	Retention of postal packets after delivery of part thereof to Post Office.
Section 32	Penalty for opening of mail-bag by master or commander of ship or aircraft.
[F2 Section 33]	[F2 Power to require provision of regular mail-trains.]
[F2 Section 34]	[F2 Additional provisions as to regular mail-trains.]
[F2 Section 38]	[F2 Conveyance of mail-bags by railway otherwise than as part of regular mail-train services.]
[F2 Section 41]	[F2 Offences relating to conveyance of mails by railway.]
[F2 Section 42]	[F2 Conveyance of mail-bags on ships usedby railway undertakers.]
Section 45	Additional provisions as to conveyance of mail-bags by public service vehicles.
Section 53	Unlawfully taking away or opening mail-bags.
Section 55	Fraudulent retention of mail-bag or postal packet.
Section 57	Stealing, embezzlement, destruction, &c., by officer of the Post Office of postal packet.
Section 58	Opening or delaying of postal packets by officers of the Post Office.
Section 65	Obstruction and molestation of officers of the Post Office.
Section 76	Recovery of sums from officers of the Post Office.
Section 79	Surrender of clothing by officer of the Post Office on ceasing to be officer.
Section 90	Prosecution of offences in the Isle of Man.

(2) Section 8(3) of the principal Act (mode of dealing with packets posted in contravention of the Act or of regulations thereunder) shall, as from the appointed day, have effect as if, for the references to regulations made under the Act, there were substituted references to the provisions of a scheme made under section 28 of this Act and as if, for the reference to the Postmaster General, there were substituted a reference to the authority.

(3) As from the appointed day, section 11 of the principal Act (prohibition on sending by post certain articles) shall have effect as if,—

(a) in subsection (1)(a), for the reference to the Postmaster General, there were substituted a reference to the authority, and, for the reference to an officer of the Post Office, there were substituted a reference to a person engaged in the business of the authority; and

(b) in subsection (4), for the reference to detention in the Post Office, there were substituted a reference to detention by the authority and, for the reference to any regulations having effect by virtue of that section, there were substituted a reference to any provisions of a scheme made under section 28 of this Act.

(4) As from the appointed day, subsection (2) of section 16 of the principal Act (application of customs Acts to postal packets) shall have effect with the substitution, for the reference to the Postmaster General, of a reference to the Minister; but the Minister shall not make a recommendation under that subsection to the Treasury except after consultation with the authority.

(5) Duties [F3 (whether of customs or excise) charged on imported goods] or other charges payable in respect of packets to which the said section 16 applies (whether payable to the authority or to any other postal administration) may be recovered by the authority in any court of competent jurisdiction as if they were simple contract debts, and, in any proceedings for the recovery of any charges so payable, a certificate of the authority of the amount thereof shall be evidence (and, in Scotland, sufficient evidence) of that fact.

In the application of this sub-paragraph to Scotland the words “as if they were simple contract debts” shall be omitted.

(6) As from the appointed day, section 17 of the principal Act (power to detain postal packets containing contraband) shall have effect with the substitution, for the reference to the Postmaster General, of a reference to the authority.

(7) As from the appointed day, section 19(1) and (2) of the principal Act (Post Office mark evidence of amount of postage, &c.) shall have effect as if references to the Post Office and the Postmaster General included references to the authority, and section 19(3) of that Act shall have effect as if, for the reference to a certificate signed by or on behalf of the Postmaster General, there were substituted a reference to a certificate of the authority.

(8) Section 21(3) of the principal Act (protection of bankers collecting postal orders) shall, as from the appointed day, have effect as if, after the words “Postmaster General”, there were inserted the words “or the authority established by section 6 of the Post Office Act 1969”.

(9) References in sections 22 and 23 of the principal Act (issuing money orders with fraudulent intent and forgery and stealing of money orders) to a money order shall, as from the appointed day, be construed as including references to a postal order.

(10) As from the appointed day, section 24 of the principal Act shall have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority, as if, for the words “money orders”, there were substituted the words “orders for the payment of money” and as if the words “and subject to any prescribed modifications”, the words “within the meaning of those sections” and the proviso were omitted.

[F4 (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.]

(12) With reference to any point of time after the beginning of the appointed day, the reference in section 56 of the principal Act (criminal diversion of letters from the addressee) to a person not in the employment of the Postmaster General shall be construed as referring to a person not engaged in the business of 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.

(14) References in section 62 of the principal Act (prohibition of imitation of post office stamps, envelopes, forms and marks) and section 64 of that Act (prohibition of false notices as to reception of letters, &c.) to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.

(15) As from the appointed day, section 63 of the principal Act (prohibition of fictitious postage stamps) shall have effect as if, in subsection (1), for the words from the beginning to “prescribed”, there were substituted the words “Except for such purposes as may be approved by the Post Office in writing and in accordance with such (if any) conditions as may be attached to the approval, a person shall not”.

(16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(17) As from the appointed day, section 72(1) of the principal Act (evidence of thing being a postal packet) shall have effect as if, for the reference to an article’s having been accepted on behalf of the Postmaster General for transmission by post, there were substituted a reference to its having been accepted on behalf of him or the authority for transmission by post.

(18) As from the appointed day, section 72(3) of the principal Act (application in certain proceedings of section 27(4) of the M2 Theft Act 1968, and evidence of employment of a vessel, vehicle or aircraft by or under the Post Office for the transmission of postal packets under contract) shall have effect as if, for the reference to a vessel, vehicle or aircraft having been at any time employed by or under the Post Office, there were substituted a reference to its having been at any time employed by or under the Post Office or the authority.

(19) As from the appointed day section 78(1) of the principal Act (provisions as to post office letter boxes) shall have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority; and section 78(2) of that Act shall have effect as if the reference to a certificate signed by or on behalf of the Postmaster General included a reference to a certificate of the authority and, for the reference to the permission or authority of the Postmaster General, there were substituted a reference to the permission or authority of the Postmaster General or the authority.

(20) The reference in section 79(1) of the principal Act to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.

(21) As from the appointed day, the definition of “parcel” in section 87(1) of the principal Act (interpretation) shall have effect as if, for the reference to regulations, there were substituted a reference to the provisions of a scheme made under section 28 of this Act.

(22) As from the appointed day, the definition of “post office letter box” in section 87(1) of the principal Act shall have effect as if, after the words “the Postmaster General”, in both places where they occur, there were inserted the words “or the authority established by section 6 of the Post Office Act 1969”.

(23) As from the appointed day, the reference, in the definition of “the purposes of the Post Office” in section 87(1) of the principal Act, to the execution of any duties for the time being undertaken by the Postmaster General or any of his officers shall be construed as including a reference to the exercise or performance of any powers or duties conferred or imposed by, or by virtue of, this Act on the authority; and any provision to which that definition is relevant (whether contained in the principal Act or any other Act) shall be construed accordingly.

(24) As from the appointed day, the reference in section 87(2)(b) of the principal Act (delivery of postal packet to an officer of the Post Office to be delivery to a post office) to delivery to an officer of the Post Office shall be construed as a reference to delivery to an officer of the Post Office or to a person engaged in the business of the authority.

(25) As from the appointed day, “postage”, in the principal Act, shall, unless the context otherwise requires, mean postage chargeable by the authority.

Textual Amendments

F1 Entry repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. I

F2 Entries in Sch. 4 para. 2(1) repealed (1.4.1994) by 1993 c. 43, ss. 152(3), Sch. 14; S.I. 1994/571, art. 5

F3 Words substituted by Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 12 Table Pt. I

F4 Sch. 4 para. 11 repealed (E.W.S.) by Energy Act 1983 (c. 25, SIF 44:1), Sch. 4 Pt. I

F5 Sch. 4 para. 2(16) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II

Modifications etc. (not altering text)

C1 The text of Sch. 4 paras. 2(8)(10)(15)(22), 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1953 c. 36.

M2 1968 c. 60.

3 As from the appointed day, section 1 of the M3 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 M4 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 M5 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.

Marginal Citations

M3 1962 c. 27.

M4 1953 c. 36.

M5 1963 c. 5 (N.I.)

Adaptations of Enactments relating to Telegraphs U.K.

4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 4 para. 4 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I

5, 6. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Sch. 4 paras. 7, 9 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

Adaptations of Enactments relating to the Supply of Electricity U.K.

8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 4 paras. 7, 9 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

[F12 11 U.K. As from the appointed day, references to a private generating station in section 11 of the M6 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.]

Textual Amendments

F12 Sch. 4 para. 11 repealed (E.W.S.) by Energy Act 1983 (c. 25, SIF 44:1), Sch. 4 Pt. I

Marginal Citations

M6 1919 c. 100.

12, 13 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13 Sch. 4 paras. 12, 13 repealed by Electricity (Northern Ireland) Order 1972 and S.I. 1972/1072 (N.I. 9), Sch. 7

Adaptations of other Enactments U.K.

14 As from the appointed day section 11 of the M7 Juries Act 1862 and section 22 of the M8 Juries Act (Ireland) 1871 (summoning of jurors by post) shall each have effect as if, for the words from “under such regulations” to the words “the postmaster shall” there were substituted the words “the postmaster, upon receipt of the fee (if any) exigible for so doing, shall”.

Modifications etc. (not altering text)

C2 The text of Sch. 4 paras. 2(8)(10)(15)(22), 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M7 1862 c. 107.

M8 1871 c. 65.

15 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Sch. 4 para. 15 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

16—19. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 Sch. 4 paras. 5, 6, 8, 10, 16–19 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

20 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16 Sch. 4 para. 20 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

21 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 , as from the appointed day, any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 office belonging to, or occupied by, the authority shall be a prohibited place for the purposes of that Act.

(2) Section 5 of the M9 Official Secrets Act 1920 shall not apply to the authority; and, as from the appointed day, the reference in subsection (6) of that section to the Postmaster General shall be construed as referring to the authority.

Textual Amendments

F17 Words repealed by Official Secrets Act 1989 (c. 6, SIF 39:2), s. 16(4), Sch. 2

F18 Words repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II

Marginal Citations

M9 1920 c. 75.

22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19 Sch. 4 para. 22 repealed (S.) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 11:2), s. 75(2), Sch. 8

23 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

F20 Sch. 4 para. 23 repealed (E.W.) by Insolvency Act 1985 (c. 65, SIF 11:1), s. 235, Sch. 10 Pt. III

24 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F21 Sch. 4 para. 24 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

25 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F22 Sch. 4 para. 25 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. II

26 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F23 Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

27 The reference to the Postmaster General in section 79(3) of the M10 Land Registration Act 1925 (return to the Chief Land Registrar of letters marked outside “Her Majesty’s Land Registry” and addressed to persons who cannot be found) shall, as from the appointed day, be construed as referring to the authority.

Modifications etc. (not altering text)

C3 The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M10 1925 c. 21.

28, 29. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F24 Sch. 4 paras. 26, 28, 29 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

30 U.K. As from the appointed day, section 2(2)(e) of the M11 Execution of Diligence (Scotland) Act 1926 (execution of arrestment or charge by registered letter) shall have effect as if, for the words from “Postmaster” to “1908”, there were substituted the words “Post Office in pursuance of any provision contained in a scheme made under section 28 of the Post Office Act 1969”.

Modifications etc. (not altering text)

C4 The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11 1926 c. 16.

31 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

F25 Sch. 4 para. 31 repealed by Consumer Credit Act 1974 (c. 39, SIF 60), s. 192, Sch. 5 Pt. I

32 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

Textual Amendments

F26 Sch. 4 para. 32 repealed by Land Drainage Act 1976 (c. 70), Sch. 8

33 (1) As from the appointed day, references to the Postmaster General in subsections (1) and (2) of section 2 of the M12 Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 (conveyance of mails by public service vehicles) shall be construed as referring to the authority.

(2) As from the appointed day, references to an officer of the Post Office in the said subsection (1) shall be construed as referring to a person engaged in the business of the authority.

Modifications etc. (not altering text)

C5 The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M12 1930 c. 24(N.I.).

34 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F27 Sch. 4 para. 34repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

35 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Textual Amendments

F28 Sch. 4 para. 35 repealed by Solicitors (Northern Ireland) Order 1976 and S.I. 1976/582 (N.I. 12), Sch. 3

36 (1) As from the appointed day, the authority shall be deemed to be public utility undertakers and its undertaking a public utility undertaking for the purposes of the provisions of the M13 Civil Defence Act 1939, F29

(2) As from the appointed day, in the M14 said Act of 1939 the expression “the appropriate department” shall, in relation to the authority, mean the Minister.

Textual Amendments

F29 Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. V

Marginal Citations

M13 1939 c. 31.

M14 1939 c. 31.

37 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Textual Amendments

F30 Sch. 4 para. 37 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

38 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

Textual Amendments

F31 Sch. 4 paras. 38, 45 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

39, 40. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

Textual Amendments

F32 Sch. 4 paras. 34, 39, 40, 43 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

41 As from the appointed day, references to Post Office business in proviso (ii) to section 19 (Sunday employment) and in section 33 (application to Post Office business) of the M15 Shops Act (Northern Ireland) 1946 shall be construed as referring to business of any of the kinds that the authority carry on.

Marginal Citations

M15 1946 c. 7 (N.I.)

42 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

F33 Sch. 4 para. 42 repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

43 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Textual Amendments

F34 Sch. 4 paras. 34, 39, 40, 43repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

44 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

Textual Amendments

F35 Sch. 4 para. 44 repealed by S.I. 1980/1085 (N.I. 11), Sch. 9

45 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

Textual Amendments

F36 Sch. 4 paras. 38, 45repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

46 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

Textual Amendments

F37 Sch. 4 para. 46 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

47 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Textual Amendments

F38 Sch. 4 para. 47 repealed by Representation of the People Act 1983 (c. 2, SIF 42), s. 206, Sch. 9 Pt. II

48 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

Textual Amendments

F39 Sch. 4 para. 48 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

49 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

Textual Amendments

F40 Sch. 4 para. 49 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII

50 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

Textual Amendments

F41 Sch. 4 para. 50 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

51 As from the appointed day, references to post office business in the following provisions of the M16 Shops Act 1950, namely, section 22 (Sunday employment), section 44 (exemptions for post office business), Schedule 2 (transactions not affected by general closing hours or by closing orders) and Schedule 5 (transactions for the purposes of which a shop may be open in & England and Wales for the serving of customers on Sunday) shall be construed as referring to business of any of the kinds that the authority carry on.

Marginal Citations

M16 1950 c. 28.

52 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Textual Amendments

F42 Sch. 4 para. 52 repealed by Drainage (Northern Ireland) Order 1973 and S.I. 1973/69 (N.I. 1), Sch. 10

53 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

F43 Sch. 4 para. 53 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I and expressed to be repealed by Cable and Broadcasting Act 1984 (c. 46, SIF 96), Sch. 6

54 As from the appointed day, references in section 6 of the M17 Local Government (Miscellaneous Provisions) Act 1953 (supplementary provisions as to omnibus shelters, &c.) to the Postmaster General shall be construed as referring to the authority.

Modifications etc. (not altering text)

C6 The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M17 1953 c. 26.

55 U.K. As from the appointed day, the reference to the Post Office in section 12(3)(b) of the M18 Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.

Modifications etc. (not altering text)

C7 The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M18 1953 c. 14 (N.I.).

56 As from the appointed day, the reference to the Post Office in section 7(5) of the M19 Juries Act (Northern Ireland) 1953 (service of jurors’ summonses) shall be construed as referring to the authority.

Modifications etc. (not altering text)

C8 The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M19 1953 c. 19 (N.I.).

57 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Textual Amendments

F44 Sch. 4 para. 57 repealed by Solicitors (Amendment) Act 1974 (c. 26), Sch. 3 Pt. II

58 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F45 Sch. 4 paras. 58, 61 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

59 (1) Where any work proposed to be done on or after the appointed day by [F46 the Northern Ireland Housing Executive] in pursuance of a clearance or demolition order or a re-development scheme made by them under [F47 the M20 Housing (Northern Ireland) Order 1981] involves, or is likely to involve, an alteration in a telegraphic line belonging to, or used by, the authority, paragraphs (1) to (8) of section 7 of the M21 Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to [F46 the Northern Ireland Housing Executive]. U.K.

(2) Where, in pursuance of an order under section 22 of the Housing of the M22 Working Classes Act 1890, section 14 of the M23 Housing Act (Northern Ireland) 1961, [F48 Article 51 of the Housing (Northern Ireland) Order 1981] or section 25 of the M24 New Towns Act (Northern Ireland) 1965, that comes into operation on or after the appointed day, a public right of way over land is extinguished and, immediately before the day on which the order comes into operation, there is under, in, on, over, along or across the land a telegraphic line of the authority’s, the authority shall have the same powers in respect of the line as if the order had not come into operation; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required.

(3) In this paragraph F49 “telegraphic line” and “alteration” have the same meanings as in the M25 Telegraph Act 1878.

Textual Amendments

F46 Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F47 Words substituted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II

F48 Words inserted by S.I. 1981/156 (N.I.3), Sch. 11 Pt. II

F49 Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Marginal Citations

M20 S.I. 1981/156 (N.I.3).

M21 1878 c. 76.

M22 1890 c. 70.

M23 1961 c. 12 (N.I.)

M24 1965 c. 13 (N.I.)

M25 1878 c. 76.

60 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Textual Amendments

F50 Sch. 4 para. 60 repealed by S.I. 1973/69 (N.I. 1), Sch. 10

61 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual Amendments

F51 Sch. 4 paras. 58, 61 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

62—64. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Textual Amendments

F52 Sch. 4 paras. 62–64 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

65 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Textual Amendments

F53 Sch. 4 para. 65 repealed by Highways Act 1980 (c. 66), Sch. 25

66 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

Textual Amendments

F54 Sch. 4 para. 66 repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

[F55 67 U.K. As from the appointed day, section 7(1) of the M26 Payment of Wages Act 1960 (interpretation) shall have effect as if, for the definitions of “money order” and “postal order”, there were substituted the following definitions:—

““money order” means a money order issued by the Postmaster General or the Post Office and “postal order” means a postal order so issued”.]

Textual Amendments

F55 Sch. 4 para. 67 repealed (E.W.S.) by Wages Act 1986 (c. 48, SIF 43:2), s. 33(5), Sch. 5 Pt. III

Marginal Citations

M26 1960 c. 37.

68 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Textual Amendments

F56 Sch. 4 paras. 68, 72 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

69 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

Textual Amendments

F57 Sch. 4 para. 69 repealed by Highways Act 1980 (c. 66), Sch. 25

70 U.K. As from the appointed day, Schedule 4 to the M27 Public Health Act 1961 (which specifies, in relation to buildings of certain descriptions, the persons who are to be appropriate authorities for the purposes of the provisions of that Act relating to the attachment of street lights to buildings) shall have effect as if the following were added at the end thereof:—

“A building owned by the Post Office

The Minister of Posts and Telecommunications”.

Modifications etc. (not altering text)

C9 The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M27 1961 c. 64.

71 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

Textual Amendments

F58 Sch. 4 para. 71 repealed by Town and Country Planning Act 1971 (c. 78), s. 292(2), Sch. 25

72 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

Textual Amendments

F59 Sch. 4 paras. 68, 72 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

73 U.K. As from the appointed day, the references to the Postmaster General in section 53 of the M28 Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.

Modifications etc. (not altering text)

C10 The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M28 1962 c. 14 (N.I.).

74 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Textual Amendments

F60 Sch. 4 para. 74 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

75 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Textual Amendments

F61 Sch. 4 para. 75 repealed by S.I.1980/1085 (N.I. 11), Sch. 9

76 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

Textual Amendments

F62 Sch. 4 para. 76 repealed by Airports Authority Act 1975 (c. 78), Sch. 6

[F63 77 U.K. As from the appointed day, the reference in section 1(4) of the M29 Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.]

Textual Amendments

F63 Sch. 4 para. 77 repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. III

Modifications etc. (not altering text)

C11 The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M29 1965 c. 20

78 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Textual Amendments

F64 Sch. 4 para. 78 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II and New Towns Act 1981 (c. 64), s. 81, Sch. 13

79 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

Textual Amendments

F65 Sch. 4 para. 79 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II

[F66 80 U.K. As from the appointed day, the Schedule to the M30 Building Control Act 1966 (which specifies bodies in the case of which work carried out by them is exempt from control under that Act) shall have effect as if, at the end thereof, there were added a reference to the authority.]

Textual Amendments

F66 Sch. 4 para. 80 repealed (E.W.) by Housing and Building Control Act 1984 (c. 29, SIF 61), Sch. 12 Pt. I

Modifications etc. (not altering text)

C12 The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M30 1966 c. 27.

81 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

Textual Amendments

F67 Sch. 4 para. 81 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

F68 82 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Sch. 4 para. 82 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Gp. 2.

83 (1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(3) In the proviso to section [F70 [F71 33(4) of the M31 Housing (Scotland) Act 1974]][F71 paragraph 9(4) of Schedule 8 to the Housing (Scotland) Act 1987], the expression “apparatus” shall, in relation to the authority, be construed generally and shall not be limited by the definition thereof in section 208(1) of [F72 the M32 Housing (Scotland) Act 1966]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

Textual Amendments

F69 Sch. 4 para. 83(1)(2) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

F70 Words substituted by Housing (Scotland) Act 1974 (c. 45), Sch. 3 para. 33(c)

F71 Words commencing “paragraph 9(4)” substituted (S.) for words commencing “33(4)” by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 339, Sch. 23 para. 15(c)

F72 Words substituted by Housing (Scotland) Act 1969 (c. 34), Sch. 6 para. 48(c)

F73 Sch. 4 para. 83(4) repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

Marginal Citations

M31 1974 c. 45.

M32 1966 c. 49.

84 As from the appointed day, paragraph 45(e) of Schedule 4 to the M33 Land Commission Act 1967 shall have effect as if the reference to expenditure which has been or is to be met directly or indirectly by a government department did not include expenditure incurred by the Postmaster General in relation to land in the case of which an interest therein vests in the Post Office by virtue of section 16 of this Act.

Marginal Citations

M33 1967 c. 1.

85 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

Textual Amendments

F74 Sch. 4 paras. 85, 86 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

86 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

Textual Amendments

F75 Sch. 4 para. 86 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

87 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

Textual Amendments

F76 Sch. 4 para. 87 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

88 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

Textual Amendments

F77 Sch. 4 para. 88 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. II

89 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

Textual Amendments

F78 Sch. 4 para. 89 repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

90 U.K. As from the appointed day, the authority shall be deemed to be a public utility undertaking for the purposes of section 1 of the M34 Local Government and Roads Act (Northern Ireland) 1968.

Marginal Citations

M34 1968 c. 30 (N.I.)

F79 91 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Sch. 4 para. 91 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Gp. 1

92 (1) As from the appointed day, [F80 section 212(1) of the M35 Town and Country Planning (Scotland) Act 1972] shall, in relation to the authority, have effect with the substitution, for the reference to [F80 section 211 of that Act], of a reference to paragraph 93(4) below.

(2) [F80 The said section 212] shall not apply to land in the case of which an interest therein of the Postmaster General vests in the authority by virtue of section 16 of this Act.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

Textual Amendments

F80 Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F81 Sch. 4 para. 92(3) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), s. 277(2), Sch. 23

Marginal Citations

M35 1972 c. 52.

93 (1) The authority shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely,—

(i)–(iv) F82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v) the M36 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(vi) F83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) section 4 of the M37 Requisitioned Land and War Works Act 1948;

[F84 (viii) the M38 Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the M39 Roads (Northern Ireland) Order 1980]

(ix) F85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x) the National Parks and Access to the M40 Countryside Act 1949;

(xi) the M41 Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(xii) the M42 Landlord and Tenant Act 1954;

(xiii) F86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiv) section 39(6)(b) of the M43 Opencast Coal Act 1958;

(xv ) (xvi)F87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii) section 11 of the M44 Land Compensation Act 1961;

(xviii) section 3(4) of the M45 Flood Prevention (Scotland) Act 1961;

(xix) F88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xx) the M46 Pipe-lines Act 1962;

(xxi) section 18 of the M47 Land Compensation (Scotland) Act 1963;

(xxii) Schedules 3 F89 to the M48 Harbours Act 1964;

(xxiii) Schedule 6 to the M49 Gas Act 1965;

[F90 (xxiv) section 10(4) of the Highlands and Islands Development (Scotland) Act 1965;]

(xxv) the [F91 New Towns Act 1981]

(xxvi) sections 14(2), 15(2), 35(3), 58 and 89(6) of the M50 Land Commission Act 1967;

(xxvii) sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M51 Countryside (Scotland) Act 1967;

(xxviii) the M52 New Towns (Scotland) Act 1968;

(xxix) F92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxx) section 22 of the M53 Sewerage (Scotland) Act 1968;

(xxxi )F93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxii )F94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

[F96 (xxxiv) sections 19, 37, 45, 46, 108(2), 117, 118, 119, 138, 154(3), 170, 171, 172, 175, 181, 195(6), 199(2), 202(3), 205, [F97 205A] 212, 214 to 230, 233(7), 242 and 266(6)(b) of, and Schedules 8 and 9, paragraphs 1 to 3 of Schedule 17, and Schedule 18 to, the M54 Town and Country Planning (Scotland) Act 1972]

[F98 (xxxv) Section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

[F99 Subject to this exception, namely, that in relation to Scotland it shall not be so deemed for the purposes of section 271 of the Town and Country Planning Act 1990, as applied by section 13 of the Opencast Coal Act 1958].

(2) In the following enactments, namely,—

(a )F100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the M55 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(d )F102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e )F103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f )F104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g )F105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h ),(i)F106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) the M56 Pipe-lines Act 1962;

(k) Schedules 3 F89 to the M57 Harbours Act 1964;

(l )–(p)F107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q )F108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r )F109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s), (t)

F110 “the appropriate Minister” shall, in relation to the authority, mean the Minister.

(3) The M58 Land Commission Act 1967 shall have effect as if, in subsection (3) of section 58 thereof in its application to the authority, for the words from “the Minister who” to the end of the subsection, and in subsection (6) of section 89 thereof, in its application to the authority, for the words from “the appropriate Minister” to the end of the subsection, there were substituted the words “the Minister of Posts and Telecommunications”.

(4) In the following enactments, namely,—

(a )F111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c )F113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 13 of the M59 Pipe-lines Act 1962;

(e) the [F91 New Towns Act 1981]

(f) section 58 of the M60 Land Commission Act 1967;

(g) the M61 New Towns (Scotland) Act 1968;

(h)

F113 (i )F114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

[F116 (k) sections 138 (3), 154(3) and 214 to 230 of, a F114 nd Schedule 8 to, the M62 Town and Country Planning (Scotland) Act 1972];

“operational land” shall, in relation to the authority, mean land of its of any such class as may be specified in regulations made jointly by the Minister and the Minister of Housing and Local Government by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament); and—act checked this far

(i) the definition of a class of land for the purposes of regulations made under this sub-paragraph may be framed by reference to any circumstances whatsoever; and

(ii) if any question arises whether land of the authority’s falls within a class specified in regulations so made, it shall be determined by the Minister.

In the application of this sub-paragraph to Scotland, for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State.

(5) This paragraph shall come into operation on the appointed day.

Textual Amendments

F82 Para 93(1)(i)(ii) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I; para. 93(1)(iii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II; para. 93(1)(iv) repealed (E.W.) by Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I

F83 Para. 93(1)(vi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F84 Para. 93(1)(viii) substituted by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 51(11)

F85 Para. 93(1)(ix) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

F86 Para. 93(1)(xiii) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIX

F87 Para. 93(1)(xv) repealed by Highways Act 1980 (c. 66), Sch. 25; para. 93(1)(xvi) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F88 Para. 93(1)(xix) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F89 Words repealed by Transport Act 1981 (c. 56), Sch. 12 Pt. II

F90 Sch. 4 para. 93(1)(xxiv) repealed (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III

F91 Words substituted by New Towns Act 1981 (c. 64), Sch. 12 para. 5

F92 Para. 93(1)(xxix) repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. II

F93 Para. 93(1)(xxxi) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F94 Para. 93(1)(xxxii) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F95 Sch. 4 para. 93(1)(xxxiii) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F96 Para. 93(1)(xxxiv) inserted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F97 Words inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 13

F98 Sch. 4 para. 93(1)(xxxv) added (E.W.S.) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(1), Sch. 4 para. 3

F99 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 24(2)

F100 Para. 93(2)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F101 Para. 93(2)(b) (specifying Acquisition of Land (Authorisation Procedure) Act 1946) repealed by virtue of Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I (expressed as repealing sub-para. (2)(iv) in para. 93)

F102 Para. 93(2)(d) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F103 Para. 93(2)(e) repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

F104 Para. 93(2)(f) repealed by S.I. 1976/1775, art. 6(2), Sch. 4

F105 Para. 93(2)(g) repealed by Highway Act 1971 (c. 41), s. 86(2), Sch. 12

F106 Para. 93(2)(h) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F107 Paras. 93(2)(l)–(p) repealed by S.I. 1976/1775, art. 6(2), Sch. 4

F108 Para. 93(2)(q) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F109 Para. 93(2)(r) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F110 Para. 93(2)(s)(t) repealed by S.I. 1976/1775, art. 6(2), Sch. 4

F111 Para. 93(4)(a) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F112 Para. 93(4)(b) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F113 Para. 93(4)(c)(h) repealed by Town and Country Planning Act 1971 (c. 78), Sch. 23 Pt. II

F114 Para. 93(4)(i) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F115 Sch. 4 para. 93(4)(j) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

F116 Para. 93(4)(k) inserted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

Modifications etc. (not altering text)

C13 Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681, art. 2

Marginal Citations

M36 1947 c. 42.

M37 1948 c. 17.

M38 1948 c. 28 (N.I.)

M39 S.I. 1980/1085. (N.I.11)

M40 1949 c. 97.

M41 1951 c. 65.

M42 1954 c. 56.

M43 1958 c. 69.

M44 1961 c. 33.

M45 1961 c. 41.

M46 1962 c. 58.

M47 1963 c. 51.

M48 1964 c. 40.

M49 1965 c. 36.

M50 1967 c. 1.

M51 1967 c. 86.

M52 1968 c. 16.

M53 1968 c. 47.

M54 1972 c. 52.

M55 1947 c. 42.

M56 1962 c. 58.

M57 1964 c. 40.

M58 1967 c. 1.

M59 1962 c. 58.

M60 1967 c. 1.

M61 1968 c. 16.

M62 1972 c. 52.

94 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

Textual Amendments

F117 Sch. 4 para. 94 repealed by British Telecommunications Act 1981 (c. 38), Sch. 6 Pt. I

Part III U.K. Adaptations of local Enactments

95 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

Textual Amendments

F118 Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

96 (1) Nothing in— U.K.

(a) the London Building Acts 1930 to 1939 or byelaws thereunder; or

(b) a special enactment passed or made before the appointed day (including such an enactment relating to Scotland or Northern Ireland) for purposes similar to those of an enactment contained in Part V or VII of the M63 Highways Act 1959 (except sections 136 to 138);

shall affect any powers of the authority under the enactments relating to telegraphs or apply to any telegraphic lines placed or maintained by the Postmaster General or the authority by virtue of those enactments.

(2) In this paragraph, “special enactment” has the same meaning as in the M64 Highways Act 1959.

Marginal Citations

M63 1959 c. 25.

M64 1959 c. 25.

97 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

Textual Amendments

F119 Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

98 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

Textual Amendments

F120 Sch. 4 para. 98 repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II and expressed to be repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

99 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

Textual Amendments

F121 Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

100 A benefit conferred on the Postmaster General by a provision of a local Act passed in the same session as this Act or a previous session or of an order confirmed by an Act so passed consisting in securing that a power conferred by the Act or order to acquire land compulsorily, to secure compulsorily the creation of an easement or other right over land or to execute works on, under or over land shall not, except with his consent or agreement, be exercisable in relation to land specified or described in that provision shall, as from the appointed day, enure for the benefit of the authority.

101, 102. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122

Textual Amendments

F122 Sch. 4 paras. 95, 97, 99, 101, 102 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

Part IV U.K. Adaptation of Orders in Council

103 As from the appointed day, references in the M65 Parliamentary Writs Order 1944 (which lays down rules for the conveyance through the post of writs for parliamentary elections for constituencies in Great Britain) to the Postmaster General shall be construed as referring to the authority.

Marginal Citations

M65 S.R. & O. 1944/344.

104 As from the appointed day, Article 7 of the M66 Visiting Forces and International Headquarters (Application of Law) Order 1965 (which empowers the making, by agreement, of exceptions from, inter alia, the exclusive privileges of the Postmaster General with respect to posts and telegraphs) shall have effect as if, in paragraph (a), for the reference to the Postmaster General, there were substituted a reference to the authority and as if, for paragraph (b), there were substituted the following paragraph:—

“(b) the transmission of matter within the United Kingdom by the service authorities of that force or by that headquarters shall not constitute an infringement of the privilege conferred by section 24(1) of the Post Office Act 1969, and the prohibition imposed by section 89 of that Act shall not extend to any such transmission”

Marginal Citations

M66 S.I. 1965/1536.