Post Office Act 1969 (c. 48)

SCHEDULES

Sections 76, 88, 139.

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

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 [1953 c. 36.] 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 3	Exclusive privilege of the Postmaster General.
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.
Section 33	Power to require provision of regular mail-trains.
Section 34	Additional provisions as to regular mail-trains.
Section 38	Conveyance of mail-bags by railway otherwise than as part of regular mail-train services.
Section 41	Offences relating to conveyance of mails by railway.
Section 42	Conveyance of mail-bags on ships used by 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 of customs 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.

(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) With reference to any point of time after the appointed day, the reference in section 65a of the principal Act (fraudulent use of public telephone or telex system) to the Postmaster General shall be construed as referring to the authority.

(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 [1968 c. 60.] 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 bor " 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.

3 As from the appointed day, section 1 of the [1962 c. 27.] 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 [1953 c. 36.] 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 [1963 c. 5 (N.I.).] 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 [1863 c. 112.] Telegraph Act 1863 (omission to transmit or deliver message ; improper divulging of message, &c.);

(b) section 20 of the [1868 c. 110.] Telegraph Act 1868 (improper disclosure or interception of message); and

(c) sections 8, 9 and 10 of the [1878 c. 76.] 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 [1892 c. 59.] 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 [1899 c. 38.] 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 [1863 c. 112.] 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 [1908 c. 33.] 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 [1911 c. 39.] 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

8 As from the appointed day, references to the Postmaster General in the following enactments and regulations (which confer protection for his telegraphic lines and works), namely:—

(a) section 26 of the [1882 c. 56.] Electric Lighting Act 1882;

(b) section 4 of the [1888 c. 12.] Electric Lighting Act 1888 and regulations made under that section ;

(c) sections 10, 14, 60, 69 and 79 of the Schedule to the [1899 c. 19.] Electric Lighting (Clauses) Act 1899 and the definition of "telegraphic line " in section 1 of that Schedule ;

(d) section 22(4) and (5) of the [1919 c. 100.] Electricity (Supply) Act 1919 ;

(e) section 25(3) of the [1922 c. 46.] Electricity (Supply) Act 1922 ;

(f) section 9(3) of the [1947 c. 54.] Electricity Act 1947 ;

(g) regulations made, or having effect as if they had been made, under section 60 of the last-mentioned Act; and

(h) section 28(8) of the [1957 c. 48.] Electricity Act 1957 ;

shall be construed as referring to the authority.

9 As from the appointed day, section 26 of the Electric Lighting Act 1882 and the enactments incorporated by that section shall, in their application to an Electricity Board, have effect as if references therein which are to be construed as referring to the authority included references to a government department.

10 As from the appointed day, the reference to the Postmaster General in section 62(1)(b) of the Schedule to the [1899 c. 19.] 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 [1919 c. 100.] 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 [1931 c. 9 (N.I.).] 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 [1948 c. 18 (N.I.).] 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 As from the appointed day, section 11 of the [1862 c. 107.] Juries Act 1862 and section 22 of the [1871 c. 65.] 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 ".

15 As from the appointed day, the reference to the Postmaster General in section 6 of the [1887 c. 65.] Military Tramways Act 1887 (which requires the insertion, in certain cases, in a provisional order made under that Act of provisions for the protection of his telegraphs), and any reference to him in a provisional order so made which is in force at the beginning of that day, shall be construed as referring to the authority.

16 As from the appointed day, the reference to the Postmaster General in section 2(2) of [1888 c. 29.] Lloyd's Signal Stations Act 1888 (power of the society incorporated under the name of " Lloyd's " to enter into arrangements with the Postmaster General for the purpose of securing telegraphic communication between Lloyd's signal stations themselves or between those stations and the Postmaster General's telegraph stations) and the second reference to him in section 6 of that Act (saving for his property) shall be construed as referring to the authority.

17 As from the appointed day, the reference to the Postmaster General in section 15 (savings) of the [1890 c. 59.] Public Health Acts Amendment Act 1890 shall be construed as referring to the authority.

18 As from the appointed day, the reference to Her Majesty's Postmaster General in section 132 of the [1892 c. 55.] Burgh Police (Scotland) Act 1892 (erection of telegraph poles, &c, in streets) shall be construed as referring to the authority.

19 As from the appointed day, the reference to the Postmaster General in section 4(1)(f) of the [1897 c. 53.] Congested Districts (Scotland) Act 1897 (guarantees for telegraph extensions, &c), shall be construed as referring to the authority.

20 As from the appointed day, the reference to the Postmaster General in section 26 of the [1908 c. 62.] Local Government (Scotland) Act 1908 (use of machinery in quarries) shall be construed as referring to the authority.

21 (1) For the purposes of section 2 of the [1911 c. 28.] 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) Section 5 of the [1920 c. 75.] 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.

22 As from the appointed day, section 187 of the [1913 c. 20.] Bankruptcy (Scotland) Act 1913 (letters to bankrupt to be delivered to trustee) shall have effect as if, for the words "Postmaster General, or the officers acting under him ", there were substituted the words " Post Office ".

23 As from the appointed day, references in section 24 of the [1914 c. 59.] Bankruptcy Act 1914 (re-direction of debtor's letters) to the Postmaster General shall be construed as referring to the authority.

24 With reference to any point of time after the beginning of the appointed day, references in sections 12 and 18 of the [1916 c. 50.] Larceny Act 1916 (larceny of postal packets, &c. ; embezzlement by officers of the Post Office) to an officer of the Post Office shall be construed as referring to a person engaged in the business of the authority.

25 As from the appointed day, the reference in the definition of " postal service " in section 74 of the [1920 c. 67.] Government of Ireland Act 1920 to Post Office money orders and postal orders shall be construed as referring to money and postal orders issued by the authority.

26 As from the appointed day, the reference to the Postmaster General in section 194(4) of the [1925 c. 20.] Law of Property Act 1925 (which contains a saving for his telegraphic lines) shall be construed as referring to the authority.

27 The reference to the Postmaster General in section 79(3) of the [1925 c. 21.] 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.

28 As from the appointed day, section 5 of the [1925 c. 68.] Roads Improvement Act 1925 (prescription of building lines) shall have effect as if at the end thereof there were added the following subsection:—

“(9) Nothing in this section shall affect any powers of the Post Office under the enactments relating to telegraphs, or apply to any telegraphic lines placed or maintained by virtue of any of those enactments”.

29 As from the appointed day, the reference in section 10 of the [1925 c. 71.] Public Health Act 1925 (Crown rights) to works or apparatus belonging to the Postmaster General shall be construed as referring to works or apparatus belonging to the authority.

30 As from the appointed day, section 2(2)(e) of the [1926 c. 16.] 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 ".

31 As from the appointed day, section 14 of the [1927 c. 21.] Moneylenders Act 1927 and section 14 of the [1933 c. 23 (N.I.).] Moneylenders Act (Northern Ireland) 1933 (special provisions as to pawnbrokers' loans) shall each have effect as if, in proviso (i) to subsection (1) thereof, for the words " it would not under the Post Office regulations for the time being in force be received for transmission by parcel post", there were substituted the words " it would not, under the provisions of a scheme made under section 28 of the Post Office Act 1969 relating to parcel post, be received for transmission by parcel post ".

32 Section 61(1) of the [1930 c. 44.] Land Drainage Act 1930 (which protects certain undertakings from works executed under that Act) shall, as from the appointed day, have effect as if, after paragraph (f) thereof, there were added the following paragraph, namely.—

“(g) the undertaking of the Post Office”.

33 (1) As from the appointed day, references to the Postmaster General in subsections (1) and (2) of section 2 of the [1930 c. 24 (N.I.).] 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.

34 As from the appointed day, the reference to the Postmaster General in section 23(2) of the [1935 c. 47.] Restriction of Ribbon Development Act 1935 (saving for Postmaster General) shall be construed as referring to the authority.

35 As from the appointed day, the reference to the Post Office in section 20(3) of the [1938 c. 14 (N.I.).] Solicitors Act (Northern Ireland) 1938 (service of disciplinary committee's orders) shall be construed as referring to the authority.

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 [1939 c. 31.] Civil Defence Act 1939, other than paragraphs (a) to (c) of section 7(6) and section 9(4).

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

37 (1) As from the appointed day, section 22(4) of the [1945 c. 33.] Town and Country Planning (Scotland) Act 1945 shall have effect as if the first reference to a telegraphic line belonging to or used by the Postmaster General included a reference to such a line of the authority's, as if for the words " the Postmaster General" in all places (except the first and third) where they occur, there were substituted the words " the Post Office " and as if—

(a) in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, after the words " the Postmaster General" (where secondly occurring in that paragraph) there were inserted the words " or the Post Office ", for the word " he " in paragraph (b), there were substituted the words " the Postmaster General or the Post Office ", and after the word " his " in both paragraphs, there were inserted the words " or its ";

(b) in relation to any such period so mentioned as begins to run on or after the appointed day, for the words "the Postmaster General" (where secondly occurring in paragraph (a)) and for the word " he " in paragraph (b), there were substituted the words " the Post Office ", and for the word " his" in both paragraphs, there were substituted the word " its ".

(2) As soon as practicable after the making, on or after the appointed day, of an order under the said section 22 extinguishing a public right of way in circumstances in which subsection (4) of that section applies, the Secretary of State shall give notice to the authority of the making of the order.

(3) As from the appointed day, sections 27 and 28 of the [1945 c. 33.] Town and Country Planning (Scotland) Act 1945 shall apply to the acquisition of land by the authority under this Act as they apply to the acquisition of land by a purchasing authority under any other enactment.

38 (1) As from the appointed day, the references to the Postmaster General in sections 4, 5(3) and 70 of Schedule 3 to the [1945 c. 42.] Water Act 1945 (which contain savings for his telegraphic lines) shall be construed as referring to the authority.

(2) The reference in the foregoing sub-paragraph to Schedule 3 to the Water Act 1945 shall be construed as including a reference to that Schedule as incorporated or applied by or under any enactment in force at the beginning of the appointed day.

39 As from the appointed day, references to the Postmaster General in section 24 of the [1945 c. 43.] Requisitioned Land and War Works Act 1945 (power of owners, &c, to require removal of telegraphic lines) and in subsections (2) and (3) of section 25 of that Act (deep lines) shall be construed as referring to the authority.

40 (1) As from the appointed day, references to the Postmaster General in paragraphs 4, 5(3) and 36 of Schedule 4 to the [1946 c. 42.] Water (Scotland) Act 1946 (which paragraphs contain a protection for telegraphic lines from interference) shall be construed as referring to the authority.

(2) The reference in the foregoing sub-paragraph to Schedule 4 to the Water (Scotland) Act 1946 shall be construed as including a reference to that Schedule as incorporated or applied by or under any enactment in force at the beginning of the appointed day.

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 [1946 c. 7 (N.I.).] Shops Act (Northern Ireland) 1946 shall be construed as referring to business of any of the kinds that the authority carry on.

42 (1) The [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2) The reference to the Postmaster General in section 111(1) (saving for his powers) shall be construed as referring to the authority.

(3) Section 111(2) (provisions as to telegraphic lines) shall, in relation to an order coming into force on or before the appointed day, have effect as if, for the second reference to the Postmaster General, there were substituted a reference to the authority, and, in relation to an order coming into force after that day, have effect as if, for each reference to the Postmaster General, there were substituted a reference to the authority.

(4) Section 111(3) shall, in relation to an order coming into force after the appointed day, have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority.

43 As from the appointed day, the second reference to the Postmaster General in paragraph 6(1) of the Schedule to the [1948 c. 17.] Requisitioned Land and War Works Act 1948 (which paragraph contains a saving for his telegraphic lines) shall be construed as referring to the authority.

44 As from the appointed day, references to the Postmaster General in section 41(1) and (2) of the [1948 c. 28 (N.I.).] Roads Act (Northern Ireland) 1948 (Crown rights) shall be construed as referring to the authority.

45 (1) The [1949 c. 32.] Special Roads Act 1949 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2) The reference to the Postmaster General in section 20(1) (saving for his powers) shall be construed as referring to the authority.

(3) Section 20(2) shall, in relation to an order coming into force on or before the appointed day, have effect as if, for the second reference to the Postmaster General, there were substituted a reference to the authority and, in relation to an order coming into force after that day, have effect as if, for each reference to the Postmaster General, there were substituted a reference to the authority.

(4) Section 20(3) shall, in relation to an order coming into force after the appointed day, have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority.

46 As from the appointed day, section 28(4)(c) of the [1949 c. 67.] Civil Aviation Act 1949 (which modifies the application of Schedule 1 to the [1948 c. 18.] Statutory Orders (Special Procedure) Act 1945 in its application to orders stopping up or diverting highways in the interests of civil aviation) shall have effect as if the authority were electricity undertakers.

47 (1) As from the appointed day, references to the Postmaster General in section 79 of the [1949 c. 68.] Representation of the People Act 1949 (candidate's right to send election address post free) shall be construed as referring to the authority.

(2) Section 162 of the Representation of the People Act 1949 (service of notices, &c.) shall, as regards a summons, notice or document sent by post on or after the appointed day, have effect as if, in subsection (2), for the reference to the post office, there were substituted a reference to the authority.

48 As from the appointed day, the reference in section 47(b) (savings) of the [1949 c. 74.] Coast Protection Act 1949 to the Postmaster General shall be construed as referring to the authority.

49 As from the appointed day, section 1(2) of the [1949 c. 84.] War Damaged Sites Act 1949 (which precludes a local authority from taking possession compulsorily of any such land as is specified in section 1(2) of the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946) shall have effect as if the reference to such land included a reference to land acquired by the authority for the purposes of its undertaking.

50 As from the appointed day, the reference in section 17(2) (service of notices) of the [1949 c. 90.] Election Commissioners Act 1949 to the Post Office shall be construed as including a reference to the authority.

51 As from the appointed day, references to post office business fn the following provisions of the [1950 c. 28.] 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.

52 As from the appointed day, references to the Postmaster General in section 20 of the [1950 c. 15 (N.I.).] Erne Drainage and Development Act (Northern Ireland) 1950 (savings) shall be construed as referring to the authority.

53 As from the appointed day, section 16 of the [1952 c. 66.] Defamation Act 1952 (interpretation) shall have effect as if, in subsection (4) thereof, the words " in accordance with a licence granted by the Postmaster General" were omitted and section 14(3) of the [1955 c. 11 (N.I.).] Defamation Act (Northern Ireland) 1955 shall have similar effect.

54 As from the appointed day, references in section 6 of the [1953 c. 26.] 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.

55 As from the appointed day, the reference to the Post Office in section 12(3)(b) of the [1953 c. 14 (N.I.).] Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.

56 As from the appointed day, the reference to the Post Office in section 7(5) of the [1953 c. 19 (N.I.).] Juries Act (Northern Ireland) 1953 (service of jurors' summonses) shall be construed as referring to the authority.

57 As from the appointed day, references in paragraph 8 of Schedule 1 to the [1957 c. 27.] Solicitors Act 1957 (re-direction of solicitor's letters in pursuance of court order) to the Postmaster General shall be construed as referring to the authority.

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 [1957 c. 56.] Housing Act 1957, paragraphs (1) to (8) of section 7 of the [1878 c. 76.] 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 (1) Where any work proposed to be done on or after the appointed day by a relevant authority in pursuance of a clearance or demolition order or a re-development scheme made by them under the Housing Acts (Northern Ireland) 1890 to 1967 involves, or is likely to involve, an alteration in a telegraphic line belonging to, or used by, the authority, paragraphs (1) to (8) of section 7 of the Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the relevant authority.

(2) Where, in pursuance of an order under section 22 of the [1890 c. 70.] Housing of the Working Classes Act 1890, section 14 of the [1961 c. 12 (N.I.).] Housing Act (Northern Ireland) 1961, or section 25 of the [1965 c. 13 (N.I.).] 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 " relevant authority" means a local authority or the Northern Ireland Housing Trust and " telegraphic line " and " alteration " have the same meanings as in the [1878 c. 76.] Telegraph Act 1878.

60 As from the appointed day, the reference in section 8(5) of the [1957 c. 30 (N.I.).] Urban Drainage Act (Northern Ireland) 1957 (powers of Postmaster General in relation to streets closed under that section) to a telegraphic line belonging to, or used by, the Postmaster General shall be construed as referring to such a line belonging to, or used by, the authority.

61 As from the appointed day, references in subsections (1) and (4) of section 5 of the [1958 c. 23.] Milford Haven Conservancy Act 1958 (powers with respect to dredging, &c.) to a submarine cable placed or maintained by the Postmaster General shall be construed as including references to such a cable placed or maintained by the authority, and the second reference in the said subsection (4) to the Postmaster General shall be construed as referring to the authority.

62 As from the appointed day, the reference to the Postmaster General in paragraph 3 of Schedule 2 to the [1958 c. 24.] Land Drainage (Scotland) Act 1958 (saving for telegraphic lines) shall be construed as referring to the authority.

63 As from the appointed day, section 3 of the [1958 c. 50.] Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (access to telegraphic lines, &c.) shall have effect as if for the words " Postmaster General" there were substituted the words " Post Office " and as if, in subsection (1), for the words " he " and " him " there were substituted the word " it ".

64 (1) As from the appointed day, references in section 45(1) and (2) of the [1958 c. 69.] Opencast Coal Act 1958 (provisions as to telegraphic lines) to the Postmaster General shall be construed as referring to the authority.

(2) Section 45(3) of the said Act of 1958 shall, in relation to an order coming into force on or before the appointed day, have effect as if, for the second reference to the Postmaster General, there were substituted a reference to the authority and, in relation to an order coming into force after that day, have effect as if, for each reference to the Postmaster General, there were substituted a reference to the authority.

65 (1) The [1959 c. 25.] Highways Act 1959 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2) The authority shall be deemed to be undertakers for the purposes of sections 137 to 139 (which contain provision for mitigating obstruction caused by the execution of works in highways).

(3) The reference to the Postmaster General in section 300(1) (saving for Postmaster General) shall be construed as referring to the authority.

(4) Section 300(2) shall, in relation to an order coming into force on or before the appointed day, have effect as if, for the second reference to the Postmaster General, there were substituted a reference to the authority and, in relation to an order coming into force after that day, have effect as if, for each reference to the Postmaster General, there were substituted a reference to the authority.

(5) Section 300(3) shall have effect as if, for the words " the Postmaster General", in all places (except the third) where they occur, and for the word " he " in paragraph (c), there were substituted the words " the Post Office " and as if.—

(a) in relation to any such period mentioned in paragraph (a) as begins to run before and is current on the appointed day, for the words " the Postmaster General" (where secondly occurring in that paragraph) and for the word " he ", in paragraph (b), there were substituted the words " the Postmaster General or the Post Office " and after the word " his ", in both paragraphs, there were inserted the words " or its "; and

(b) in relation to any such period so mentioned as begins to run on or after that day, for the words " the Postmaster General" (where secondly occurring in paragraph (a)) and for the word " he ", in paragraph (b), there were substituted the word " it " and for the word " his ", in both paragraphs, there were substituted the word " its ".

(6) The reference in section 300(4) to the Postmaster General shall be construed as referring to the authority.

(7) Section 300(5) shall, in relation to an order coming into force after the appointed day, have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority.

66 As from the appointed day, references to the Post Office in subsections (2) and (4) of section 36 of the [1959 c. 72.] Mental Health Act 1959 (correspondence of patients) shall be construed as referring to the authority.

67 As from the appointed day, section 7(1) of the [1960 c. 37.] 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”.

68 As from the appointed day, references to the Postmaster General in paragraph 2 of Schedule 1 and paragraph 3(1)(e) of Schedule 2 to the [1961 c. 41.] Flood Prevention (Scotland) Act 1961 (saving for telegraphic lines) shall be construed as referring to the authority.

69 As from the appointed day, the reference to the Postmaster General in section 14(6) of the [1961 c. 63.] Highways (Miscellaneous Provisions) Act 1961 (which contains a saving for his telegraphic lines) shall be construed as referring to the authority.

70 As from the appointed day, Schedule 4 to the [1961 c. 64.] 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”.

71 (1) The [1962 c. 38.] Town and Country Planning Act 1962 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2) Section 158(1) (which section contains provisions as to telegraphic lines) shall, in relation to an order coming into force on or before the appointed day, have effect as if, for the second reference to the Postmaster General, there were substituted a reference to the authority, and, in relation to an order coming into force after that day, have effect as if, for each reference to the Postmaster General, there were substituted a reference to the authority.

(3) Section 158(2) shall, in relation to an order coming into force after the appointed day, have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority.

(4) Section 158(3) shall have effect as if the first reference to a telegraphic line belonging to, or used by, the Postmaster General included a reference to such a line of the authority's, as if for the words " the Postmaster General" in all places (except the first and third) where they occur, there were substituted the words " the Post Office " and as if—

(a) in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, after the word " the Postmaster General" (where secondly occurring in that paragraph) there were inserted the words " or the Post Office ", for the word " he " in paragraph (c), there were substituted the words " the Postmaster General or the Post Office ", and after the words " his ", in both paragraphs, there were inserted the words " or its ";

(b) in relation to any such period so mentioned as begins to run on or after the appointed day, for the words " the Postmaster General" (where secondly occurring in paragraph (a)), and for the word " he ", in paragraph (c), there were substituted the word " it ", and for the word " his ", in both paragraphs, there were substituted the word " its ".

(5) As soon as practicable after the making, on or after the appointed day, of an order under section 155 extinguishing a public right of way in circumstances in which section 158(3) applies, the Minister of Housing and Local Government shall give notice to the authority of the making of the order.

(6) The reference to the Postmaster General in paragraph 50 of Schedule 14 (saving for his powers) shall be construed as referring to the authority.

72 As from the appointed day, the reference to the Postmaster General in section 40(1) of the [1962 c. 58.] Pipe-lines Act 1962 (avoidance of interference with telegraphic, &c, lines) shall be construed as referring to the authority.

73 As from the appointed day, the references to the Postmaster General in section 53 of the [1962 c. 14 (N.I.).] Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.

74 (1) No order made on or after the appointed day under section 67 of the [1963 c. 38.] Water Resources Act 1963 (compulsory powers for carrying out engineering or building operations) shall authorise the doing of anything to, or in relation to, a telegraphic line (within the meaning of the [1878 c. 76.] Telegraph Act 1878) of the authority's.

(2) As from the appointed day, the reference to the Postmaster General in section 130 of the Water Resources Act 1963 (which makes provision with respect to alterations of telegraphic lines of his required by a river authority to be made for the purpose of carrying out engineering or building operations) shall be construed as referring to the authority and subsection (2) of that section shall be omitted.

75 As from the appointed day, references to the Postmaster General in section 28(1) and (2) of the [1963 c. 12 (N.I.).] Special Roads Act (Northern Ireland) 1963 (savings) shall be construed as referring to the authority.

76 As from the appointed day, the reference in subsection (1) of section 20 of the [1965 c. 16.] Airports Authority Act 1965 (which contains provisions with respect to telegraphic lines of the Postmaster General's) to a telegraphic line belonging to or used by the Postmaster General shall be construed as including a reference to such a line of the authority's, and the reference in subsection (3) of that section to the Postmaster General shall be construed as referring to the authority.

77 As from the appointed day, the reference in section 1(4) of the [1965 c. 20.] Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.

78 (1) Where, on or after the appointed day, the Minister of Housing and Local Government makes an order under section 23 of the [1965 c. 59.] New Towns Act 1965 (extinguishment of public rights of way over land acquired) on the application of a development corporation or local highway authority, he shall send a copy thereof to the authority.

(2) As from the appointed day, paragraph 71(4) of this Schedule shall apply to section 24 of the New Towns Act 1965 (which makes provision with respect to telegraphic lines of the Postmaster General's) as it applies to section 158(3) of the Town and Country Planning Act 1962.

(3) As from the appointed day, section 26 of the New Towns Act 1965 (extinguishment of rights of way and rights as to apparatus of statutory undertakers) shall, so far as regards a right of the authority with respect to a telegraphic line and so far as regards a telegraphic line of its, not have effect in a case in which section 24 of that Act has effect.

(4) In this paragraph, "telegraphic line" has the same meaning as in the [1878 c. 76.] Telegraph Act 1878.

79 Where, on or after the appointed day, the Ministry of Development for Northern Ireland approves an order made under section 25 of the [1965 c. 13 (N.I.).] New Towns Act (Northern Ireland) 1965 (extinguishment of public rights of way over land acquired), that Ministry shall send a copy thereof to the authority.

80 As from the appointed day, the Schedule to the [1966 c. 27.] 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.

81 (1) As from the appointed day, Schedule 1 to the [1966 c. 32.] Selective Employment Payments Act 1966 shall have effect as if, in Part I thereof (which sets out the bodies to which section 3 of that Act applies), after paragraph 14, there were inserted the following paragraph:—

“14A The Post Office”.

(2) As from the appointed day, Schedule 1 to the [1966 c. 32 (N.I.).] Selective Employment Payments Act (Northern Ireland) 1966 (bodies to which section 4 of that Act applies) shall have effect as if, before the entry relating to the Ulster Folk Museum, there were inserted the words " The Post Office ".

82 As from the appointed day, Schedule 2 to the [1966 c. 34.] Industrial Development Act 1966 (which specifies bodies not eligible for certain grants under Part I of that Act) shall have effect as if the authority were included amongst the bodies therein specified and Schedule 1 to the [1966 c. 41 (N.I.).] Industrial Investment (General Assistance) Act (Northern Ireland) 1966 shall have similar effect.

83 (1) Where the alteration of a telegraphic line of the authority's 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 [1966 c. 49.] Housing (Scotland) Act 1966, paragraphs (1) to (8) of section 7 of the [1878 c. 76.] Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the local authority.

(2) Where, in pursuance of an order under section 51 of the Housing (Scotland) Act 1966 that comes into operation on or after the appointed day, a public right of way over land is extinguished or a street is closed or diverted and, immediately before the day on which the order comes into operation, there is, under, in, on, over, along or across the land or street 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 or on which the street was situated 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 51(4) of the Housing (Scotland) Act 1966, 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 that Act.

(4) In this paragraph " telegraphic line " and " alteration " have the same meanings as in the Telegraph Act 1878.

84 As from the appointed day, paragraph 45(e) of Schedule 4 to the [1967 c. 1.] 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.

85 As from the appointed day, section 38(7) of the [1967 c. 86.] Countryside (Scotland) Act 1967 (provisions as to telegraphic lines) shall, in relation to an order coming into force on or before that day, have effect as if, for the second reference to the Postmaster General, there were substituted a reference to the authority, and, in relation to an order coming into force after that day, have effect as if, for each reference to the Postmaster General, there were substituted a reference to the authority.

86 (1) Where, on or after the appointed day, the Secretary of State makes an order under section 23 of the [1968 c. 16.] New Towns (Scotland) Act 1968 (extinguishment of public rights of way over land acquired) on the application of a development corporation or local highway authority, he shall send a copy thereof to the authority.

(2) As from the appointed day, section 24(1) of the New Towns (Scotland) Act 1968 shall have effect as if the first reference to a telegraphic line belonging to, or used by, the Postmaster General included a reference to such a line of the authority's, as if for the words " the Postmaster General" in all places (except the first and third) where they occur, there were substituted the words " the Post Office " and as if—

(a) in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, after the words " the Postmaster General" (where secondly occurring in that paragraph) there were inserted the words " or the Post Office ", for the word "he" in paragraph (c), there were substituted the words " the Postmaster General or the Post Office ", and after the word " his ", in both paragraphs, there were inserted the words " or its ";

(b) in relation to any such period so mentioned as begins to run on or after the appointed day, for the words "the Postmaster General" (where secondly occurring in paragraph (a)), and for the word " he ", in paragraph (c), there were substituted the word " it ", and for the word " his ", in both paragraphs, there were substituted the word " its ".

(3) As from the appointed day, section 26 of the New Towns (Scotland) Act 1968 (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers) shall, so far as regards a right of the authority with respect to a telegraphic line and so far as regards a telegraphic line of its, not have effect in a case in which section 24 of that Act has effect.

(4) In this paragraph " telegraphic line " has the same meaning as in the [1878 c. 76.] Telegraph Act 1878.

87 As from the appointed day, Schedule 1 to the [1968 c. 32.] Industrial Expansion Act 1968 (which specifies bodies to which financial support is not to be provided under a scheme made under section 2 of that Act) shall have effect as if the authority were included amongst the bodies therein specified.

88 As from the appointed day, section 6 of the [1968 c. 73.] Transport Act 1968 (the Freight Integration Council) shall have effect as if—

(a) in subsection (1), for the reference to the Postmaster General, there were substituted a reference to the authority ; and

(b) in subsection (2), the words " except where that authority is the Postmaster General" and the words " or, where that authority is the Postmaster General, may invite him to appoint a representative so to act" were omitted.

89 (1) As from the appointed day, section 69(1) of the [1968 c. 72.] Town and Country Planning Act 1968 (new provision as to what is " operational land " of statutory undertakers) shall, in relation to the authority, have effect with the substitution, for the reference to section 221(1) of the [1962 c. 38.] Town and Country Planning Act 1962, of a reference to sub-paragraph (4) of paragraph 93 of this Schedule.

(2) The said section 69 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) In paragraph 6 of Schedule 9 to the Town and Country Planning Act 1968 (construction of certain statutory references to the acquisition of land and to land acquired) any reference to an enactment other than the principal Act and that Act and the reference to a statutory provision shall include a reference to section 55 of this Act.

90 As from the appointed day, the authority shall be deemed to be a public utility undertaking for the purposes of section 1 of the [1968 c. 30 (N.I.).] Local Government and Roads Act (Northern Ireland) 1968.

91 As from the appointed day, the reference to the Postmaster General in section 2(5) of the [1969 c. 27.] Vehicle and Driving Licences Act 1969 (which, amongst other things, empowers local authorities to make arrangements with him for him to issue licences and collect duty under the Vehicles (Excise) Act 1962 on their behalf) shall be construed as referring to the authority.

92 (1) As from the appointed day, section 70(1) of the [1969 c. 30.] Town and Country Planning (Scotland) Act 1969 (new provisions as to what is " operational land " of statutory undertakers) shall, in relation to the authority, have effect with the substitution, for the reference to section 113(1) of the Act of 1947, of a reference to paragraph 93(4) below.

(2) The said section 70 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) In paragraph 5 of Schedule 9 to the [1969 c. 30.] Town and Country Planning (Scotland) Act 1969 (construction of certain statutory references to the acquisition of land and to land acquired) any reference to an enactment other than the Act of 1947 and that Act and the reference to a statutory provision shall include a reference to section 55 of this Act.

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) section 14 of the [1935 c. 47.] Restriction of Ribbon Development Act 1935 ;

(ii) section 3(4) of the [1936 c. 5 (1 Edw. & 1 Geo. 6).] Trunk Roads Act 1936 ;

(iii) sections 23 to 26 of, and Schedule 4 to, the [1945 c. 33.] Town and Country Planning (Scotland) Act 1945 ;

(iv) the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946;

(v) the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(vi) sections 10, 17, 32(1), (2) and (4), 42(4) and (5), 94 and 99(9) of, and Schedule 5 to, the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 ;

(vii) section 4 of the [1948 c. 17.] Requisitioned Land and War Works Act 1948 ;

(viii) the [1948 c. 28 (N.I.).] Roads Act (Northern Ireland) 1948 ;

(ix) the [1949 c. 67.] Civil Aviation Act 1949 ;

(x) the [1949 c. 97.] National Parks and Access to the Countryside Act 1949 ;

(xi) the [1951 c. 65.] Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(xii) the [1954 c. 56.] Landlord and Tenant Act 1954;

(xiii) section 19 of the [1954 c. 73.] Town and Country Planning (Scotland) Act 1954;

(xiv) section 39(6)(b) of the [1958 c. 69.] Opencast Coal Act 1958 ;

(xv) sections 152, 223 and 254(6) of, and Schedule 7 to, the [1959 c. 25.] Highways Act 1959 ;

(xvi) sections 31 and 38 of, and paragraph 2(6) of Schedule 5 to, the [1959 c. 70.] Town and Country Planning (Scotland) Act 1959 ;

(xvii) section 11 of the [1961 c. 33.] Land Compensation Act 1961 ;

(xviii) section 3(4) of the [1961 c. 41.] Flood Prevention (Scotland) Act 1961 ;

(xix) sections 12, 41, 70(2), 81, 82, 83, 103, 130 to 133 (both inclusive), 138 and 148(6), Part X and sections 179(7)(b), 189 and 212(6)(b) of the [1962 c. 38.] Town and Country Planning Act 1962 ;

(xx) the [1962 c. 58.] Pipe-lines Act 1962 ;

(xxi) section 18 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 ;

(xxii) Schedules 3 and 5 to the [1964 c. 40.] Harbours Act 1964 ;

(xxiii) Schedule 6 to the [1965 c. 36.] Gas Act 1965 ;

(xxiv) section 10(4) of the [1965 c. 46.] Highlands and Islands Development (Scotland) Act 1965;

(xxv) the [1965 c. 59.] New Towns Act 1965 ;

(xxvi) sections 14(2), 15(2), 35(3), 58 and 89(6) of the [1967 c. 1.] Land Commission Act 1967 ;

(xxvii) sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the [1967 c. 86.] Countryside (Scotland) Act 1967 ;

(xxviii) the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

(xxix) paragraph 6 of Schedule 2 to the [1968 c. 41.] Countryside Act 1968 ;

(xxx) section 22 of the [1968 c. 47.] Sewerage (Scotland) Act 1968 ;

(xxxi) sections 33(1), 62, 63, 69 to 73 (both inclusive), 90, 93(3) and 94(3) of, and paragraphs 13, 14 and 15 of Schedule 5, Schedules 6 and 7 and paragraph 6 of Schedule 9 to, the [1968 c. 72.] Town and Country Planning Act 1968 ; and

(xxxii) sections 34(1), 62, 63, 70 to 74 (both inclusive), 89, 92(3) and 93(2) of, and paragraphs 12, 13 and 14 of Schedule 4, Schedules 5 to 7 and paragraph 5 of Schedule 9 to, the [1969 c. 30.] Town and Country Planning (Scotland) Act 1969 ;

subject to this exception, namely, that it shall not be so deemed for the purposes of section 164 of the [1962 c. 38.] Town and Country Planning Act 1962 as applied by section 13 of the [1958 c. 69.] Opencast Coal Act 1958.

(2) In the following enactments, namely.—

(a) sections 24 to 26 of the [1945 c. 33.] Town and Country Planning (Scotland) Act 1945 ;

(b) the [1946 c. 49.] Acquisition of Land (Authorisation Procedure) Act 1946 ;

(c) the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(d) sections 42 and 99 of, and Schedule 5 to, the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 ;

(e) the [1949 c. 67.] Civil Aviation Act 1949 ;

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

(g) section 254(6) of the [1959 c. 25.] Highways Act 1959 ;

(h) paragraph 2(6) of Schedule 5 to the [1959 c. 70.] Town and Country Planning (Scotland) Act 1959 ;

(i) section 148(6), Part X and section 212(6)(b) of the Town and Country Planning Act 1962 ;

(j) the [1962 c. 58.] Pipe-lines Act 1962 ;

(k) Schedules 3 and 5 to the [1964 c. 40.] Harbours Act 1964 ;

(l) Schedule 6 to the Gas Act 1965 ;

(m) section 10(4) of the Highlands and Islands Development (Scotland) Act 1965 ;

(n) the New Towns Act 1965 ;

(o) section 75(4) of the Countryside (Scotland) Act 1967 ;

(p) the [1968 c. 16.] New Towns (Scotland) Act 1968 ;

(q) section 73(5) of, and Schedule 6 and paragraph 4 of Schedule 7 to, the [1968 c. 72.] Town and Country Planning Act 1968 ; and

(r) section 74(5) of, and Schedule 5 and paragraph 4 of Schedule 7 to, the [1969 c. 30.] Town and Country Planning (Scotland) Act 1969 ;

• " the appropriate Minister " shall, in relation to the authority, mean the Minister.

(3) The [1967 c. 1.] 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) section 32 of, and Schedule 5 to, the [1947 c. 53.] Town and Country Planning (Scotland) Act 1947 ;

(b) section 19 of the [1954 c. 72.] Town and Country Planning (Scotland) Act 1954 ;

(c) section 103(3) and Part X of the [1962 c. 38.] Town and Country Planning Act 1962 ;

(d) section 13 of the [1962 c. 58.] Pipe-lines Act 1962;

(e) the [1965 c. 59.] New Towns Act 1965 ;

(f) section 58 of the [1967 c. 1.] Land Commission Act 1967 ;

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

(h) section 71(3) of, and Schedule 6 to, the Town and Country Planning Act 1968 ; and

(i) section 72(3) of, and Schedule 5 to, the Town and Country Planning (Scotland) Act 1969 ;

• " 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—

  (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.

94 Nothing in the [1928 c. 10 (N.I.).] Roads Improvement Act (Northern Ireland) 1928 or in the Planning Acts (Northern Ireland) 1931 and 1944 or in any scheme or order made thereunder shall affect any powers of the authority under the enactments relating to telegraphs or apply to any telegraphic lines placed or maintained by virtue of those enactments.

PART III Adaptations of local Enactments

95 (1) Whereas the enactments specified in the two Lists below penalize the use of public telephone call boxes for the purpose of making false calls for police assistance, giving false alarms of fire, and the like, but are so framed that, unless amended, they will become of no effect on the appointed day:

Now, therefore, as respects any point of time after the beginning of the appointed day.—

(a) each of the enactments specified in List 1 shall have effect as if, for the reference therein to a call bor of the Post Office telephone service, there were substituted a reference to a call bor of the authority's telephone service; and

(b) each of the enactments specified in List 2 shall have effect as if, for the reference therein to the Postmaster General, there were substituted a reference to the authority.

• List 1

  • Section 127(2) of the [1934 c. lxxvi.] Tynemouth Corporation Act 1934.

  • Section 221(2) of the [1935 c. cxxv.] Sunderland Corporation Act 1935.

  • Section 106(2) of the [1936 c. cxi.] Wolverhampton Corporation Act 1936.

  • Section 83(2) of the [1937 c. lxxx.] Rotherham Corporation Act 1937.

  • Section 122(2) of the [1938 c. xl.] Wakefield Corporation Act 1938.

  • Section 176(2) of the [1938 c. liv.] Redcar Corporation Act 1938.

  • Section 167(2) of the [1938 c. lvi.] Swinton and Pendlebury Corporation Act 1938.

  • Section 211(2) of the [1938 c. lxiii.] Clacton Urban District Council Act 1938.

  • Section 89(2) of the [1939 c. lxv.] Tiverton Corporation Act 1939.

  • Section 137(2) of the [1939 c. lxxxii.] Walsall Corporation Act 1939.

  • Section 110(2) of the [1939 c. lxxxvii.] Macclesfield Corporation Act 1939.

  • Section 84(2) of the [1939 c. lxxxviii.] Coventry Corporation Act 1939.

  • Section 101(2) of the [1940 c. xxx.] Christchurch Corporation Act 1940.

  • Section 154(2) of the [1947 c. xlv.] Preston Corporation Act 1947.

  • Section 71(2) of the [1948 c. xxxviii.] Brighton Corporation Act 1948.

  • Section 173(2) of the [1948 c. xli.] Ipswich Corporation Act 1948.

  • Section 114(2) of the [1949 c. xxxvii.] Huddersfield Corporation Act 1949.

  • Section 86(2) of the [1949 c. xliv.] Bradford Corporation Act 1949.

  • Section 89(2) of the [1949 c. li.] Barnsley Corporation Act 1949.

• List 2

  • Section 178(2) of the [1951 c. xliv.] Worcester Corporation Act 1951.

  • Section 89(2) of the [1951 c. xlv.] Nottinghamshire County Council Act 1951.

  • Section 85(2) of the [1953 c. xli.] Berkshire County Council Act 1953.

  • Section 117(2) of the [1954 c. xlvii.] Birkenhead Corporation Act 1954.

  • Section 133(2) of the [1956 c. xxxi.] Monmouthshire County Council Act 1956.

  • Section 97(2) of the [1956 c. xl.] Gloucestershire County Council Act 1956.

  • Section 96(2) of the [1956 c. xlix.] Leicester Corporation Act 1956.

  • Section 26(2) of the [1956 c. lxxiii.] Huddersfield Corporation Act 1956.

  • Section 116(2) of the [1958 c. l.] Wallasey Corporation Act 1958.

  • Section 60(2) of the [1958 c. vi.] Kent County Council Act 1958.

  • Section 73(2) of the [1959 c. xli.] Bootle Corporation Act 1959.

  • Section 70(2) of the [1960 c. xliii.] Southampton Corporation Act 1960.

  • Section 41(2) of the [1960 c. xlix.] Hertfordshire County Council Act 1960.

  • Section 60(2) of the [1960 c. lii.] Oldham Corporation Act 1960.

  • Section 30(3) of the [1961 c. xlv.] Devon County Council Act 1961.

  • Section 10(2) of the [1962 c. xxvi.] Grimsby Corporation Act 1962.

  • Section 44(2) of the [1963 c. xxxvii.] Durham County Council Act 1963.

  • Section 28(2) of the [1964 c. xxxv.] Newcastle upon Tyne Corporation Act 1964.

  • Section 29(2) of the [1966 c. 15.] Exeter Corporation Act 1966.

(2) Any enactment contained in a local Act which is not specified in List 1 above but is similar to the enactments so specified shall, as respects any point of time after the beginning of the appointed day, have effect subject to the like amendment as is made by sub-paragraph (1)(a) above ; and any enactment contained in a local Act which is not specified in List 2 above but is similar to the enactments so specified shall, as respects any such point of time as aforesaid, have effect subject to the like amendment as is made by sub-paragraph (1)(b) above.

96 (1) Nothing in—

(a) the London Building Acts 1930 to 1939 or byelaws there under ; 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 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 [1959 c. 25.] Highways Act 1959.

97 (1) As from the appointed day, subsections (2) and (3) of section 59 of the [1907 c. clxxiv.] Metropolitan Water Board (Various Powers) Act 1907 (which empower the Postmaster General to place telegraphic lines along, over or across the lands, works and undertaking of the Metropolitan Water Board) shall be construed so as to confer and impose on the authority the like rights and liabilities as are, immediately before that day, conferred and imposed on the Postmaster General and so as to render it subject to the like restrictions as those to which he is subject by virtue thereof immediately before that day ; and anything done by or to the Postmaster General under those subsections before that day shall, as from that day, be treated as having been done by or to the authority.

(2) As from the appointed day, the first reference to the Postmaster General in subsection (4) of the said section 59 (saving for his rights in relation to the Lee Navigation) and the reference to him in the proviso to section 11 of the [1915 c. lxxiii.] Metropolitan Water Board Act 1915 (which saves his rights under, amongst other enactments, the said Act of 1907) shall be construed as referring to the authority.

98 As from the appointed day, the references in section 120(1) and (2) of the [1954 c. iv.] Dover Harbour Consolidation Act 1954 (further protection of Postmaster General) to the Postmaster General shall be construed as referring to the authority.

99 (1) Subsection (3) of section 77 of the [1967 c. xxxiii.] Kingston upon Hull Corporation Act 1967 (which provides that byelaws made under that section with reference to the telephone system maintained by the Corporation of Kingston upon Hull shall continue in force only so long as there is in force a licence granted by the Postmaster General to the Corporation permitting the Corporation to provide telephonic services) shall, as from the appointed day, have effect as if, for the reference to a licence so granted and permitting, there were substituted a reference to a licence so permitting granted, or having effect as if granted, under section 27 of this Act by the authority ; and the references in subsection (4) of the said section 77 to any such licence as is mentioned in subsection (3) shall, as from that day, be construed accordingly.

(2) The power conferred by section 93 of the said Act of 1967 on the Postmaster General to confirm byelaws under the said section 77 shall, on the appointed day, be transferred to the Minister.

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 (1) As from the appointed day, a provision to which this paragraph applies which refers to the rights or powers of the Postmaster General under a provision of an enactment relating to telegraphs or to the exclusive privilege conferred on him by section 3 of the [1953 c. 36.] Post Office Act 1953 shall have effect with the substitution, for any reference to the Postmaster General, of a reference to the authority.

(2) A provision to which this paragraph applies that operates to afford protection to, or confer a benefit on, the Postmaster General with reference to, or to accommodation for, telegraphic lines of his or used by him or to communication by means of telegraphic lines of his or used by him, shall, as from the appointed day, be construed so as, in all respects, to afford the like protection to, or confer the like benefit on, the authority with reference to, or to accommodation for, telegraphic lines of its or used by it or, as the case may be, to communication by means of telegraphic lines of its or used by it and subject to the like incidents (if any) as those to which the protection afforded to, or the benefit conferred on, the Postmaster General is subject (references to the authority being, accordingly, substituted where necessary for references to the Postmaster General); and, so far as may be necessary to preserve continuity in the giving of effect to that provision, anything done before the appointed day by or to the Postmaster General shall be treated, for the purposes of that provision, as having been done by or to the authority.

(3) The last foregoing sub-paragraph shall apply to a provision to which this paragraph applies that operates to afford protection to the Postmaster General with reference to either of the Post Office underground railways as it applies to any such provision as is therein mentioned ; and any reference in a provision to which this paragraph applies to the rights or interests of the Postmaster General in, or in relation to, either of those railways shall be construed as referring to the rights or interests of the authority in, or, as the case may be, in relation to, it.

(4) A provision to which this paragraph applies that operates to permit vehicles in the service of, or employed by, the Postmaster General to wait on a highway in circumstances in which their waiting there would, apart from that provision, be unlawful, shall, as from the appointed day have effect with the substitution, for any reference to the Postmaster General, of a reference to the authority.

(5) The provisions to which this paragraph applies are those of a local Act passed in the same session as this Act or in a previous session, those of an order confirmed by an Act so passed and those of a scheme or order made before the passing of this Act under any Act (whether public general or local).

(6) In this paragraph, " telegraphic line " means anything falling within the definition of that expression in the [1878 c. 76.] Telegraph Act 1878.

102 Nothing in a local Act passed in the same Session as this Act shall authorise the doing of anything constituting an infringement of the privilege conferred by section 24(1) of this Act.

PART IV Adaptation of Orders in Council

103 As from the appointed day, references in the [S.R. & O. 1944/344.] 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.

104 As from the appointed day, Article 7 of the [S.I. 1965/1536.] 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”.