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Post Office Act 1969

Status:

This is the original version (as it was originally enacted).

Part VIIMiscellaneous and General

130Power of the Treasury to dispose of their interest in the shares of Cable and Wireless Limited

(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.

131Settlement of certain financial matters outstanding on the appointed day

(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.

132Extension of regulation-making power under section 52(2) of the Government Annuities Act 1929

(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.

133Power of managers of certain welfare funds to preserve their scope

(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; and

(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 ;

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 or, as the case may be, employment in the Department for National Savings 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.

134Issue by local authorities in Great Britain of dog and game licences

(1)As from the appointed day, licences for dogs shall be issued in Great Britain by the councils having power to levy the duties thereon and so, in England and Wales, shall licences for dealing in, or for killing, game.

(2)A council in Great Britain having power to levy the duties on any such licences as aforesaid may employ persons to act as its agents for the purpose of the issue of the licences and may pay to persons employed so to act such reasonable remuneration as it thinks fit.

135Remuneration of the Post Office for issuing dog and game licences in England and Wales

(1)Any sums falling to be paid by the Minister of Housing and Local Government to the Post Office in pursuance of any agreement to which he, it and a council in England or Wales are parties, being—

(a)an agreement providing for the issue by the Post Office, on behalf of the council, of licences of all or any of the following kinds, namely, licences for dogs, licences for dealing in game and licences for killing game, and the payment by that Minister to the Post Office of sums in consideration of its issuing the licences; or

(b)an agreement providing for the payment by that Minister to the Post Office of sums in consideration of its issuing, on behalf of the council, licences of all or any of those kinds in compliance with a direction under section 12 of this Act; shall be paid out of moneys provided by Parliament.

(2)Where licences of any such kinds as aforesaid are, in compliance with a direction under section 12 of this Act, issued by the Post Office on behalf of a council in England or Wales during a period during which an agreement is in force between the council and the Minister of Housing and Local Government providing for the payment to the Post Office by that Minister of sums in consideration of its issuing the licences (not being an agreement to which the Post Office is a party), the Post Office shall be entitled, in consideration of its issuing the licences, to receive payment from that Minister (of an amount to be determined, in the event of a dispute's arising as to the amount thereof, by the Minister); and any sums falling to be paid by that Minister in pursuance of this subsection shall be paid out of moneys provided by Parliament.

(3)Where licences of any such kinds as aforesaid are, in compliance with a direction under section 12 of this Act, issued by the Post Office on behalf of a council in England or Wales during a period during which no agreement is in force between the council and the Minister of Housing and Local Government providing for the payment to the Post Office by that Minister of sums in consideration of its issuing the licences, the Post Office shall be entitled, in consideration of its issuing the licences, to receive payment from the council (of an amount to be determined, in the event of a dispute's arising as to the amount thereof, by the Minister).

136Expenses

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.

137Cesser of obsolete, enactments

(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 ithat 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.

138Transitional provisions

(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.

139Application to Northern Ireland

(1)In the application of this Act to Northern Ireland—

(a)any reference to an enactment of the Parliament of Northern Ireland (except a reference to Schedule 5 or 6 to the Roads Act (Northern Ireland) 1948) or to an enactment which that Parliament has power to amend—

(i)shall, except in Schedule 4 to this Act, be construed as including a reference to any enactment of the Parliament of Northern Ireland passed after this Act and re-enacting the said enactment with or without modification;

(ii)shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by any enactment, whether passed before or after this Act, and including a reference thereto as extended or applied by or under any other enactment, including this Act;

(b)" Act" and "enactment" (except in subsection (1) of the next following section) respectively include an Act and an enactment of the Parliament of Northern Ireland.

(2)For the purposes of section 6 of the Government of Ireland Act 1920, this Act shall, so far as it relates to matters within the powers of the Parliament of Northern Ireland, be deemed to be an Act passed before the appointed day within the meaning of that section.

(3)Notwithstanding anything in the Government of Ireland Act 1920, regulations made by the Minister of Home Affairs for Northern Ireland under the Civil Defence Act (Northern Ireland) 1950 may apply to the Post Office such of the provisions of the Civil Defence Act (Northern Ireland) 1939 (except section 7(4) thereof) relating to public utility undertakers as may be specified in the regulations and may specify the Minister or any department of the Government of Northern Ireland as the appropriate department in relation to the Post Office for the purpose of the application of any provisions so specified to the Post Office.

(4)Nothing in this Act (apart from paragraph 25 of Schedule 4 thereto) shall be taken to extend the definition of the expression " postal service " in section 74 of the Government of Ireland Act 1920 (reserved matters).

140Construction of references to enactments

(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.

141Repeals

(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.

142Short title

This Act may be cited as the Post Office Act 1969.

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