Post Office Act 1969

Section 131.

SCHEDULE 7 Settlement of financial Matters outstanding on the Appointed Day

1 (1) As soon as practicable after the appointed day, the Post Office shall pay sums equal in the aggregate to the difference between the aggregate of the sums paid by the Postmaster General in pursuance of section 2 of the [1961 c. 15.] Post Office Act 1961 (contributions by the Postmaster General in lieu of taxes, &c.) and what is agreed between the Treasury and the Post Office to be the aggregate of the sums which, had this Act not passed, would have been paid in pursuance of that section by the Postmaster General in respect of the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day.

(2) As from the appointed day.—

(a) subsection (3) of the said section 2 (destination of payments under that section) shall have effect as if, for the reference to that section, there were substituted a reference to the foregoing sub-paragraph and, for the reference to the Postmaster General, there were substituted a reference to the Post Office; and

(b) subsection (4) of that section (apportionment of sums paid under that section between Great Britain and Northern Ireland) shall have effect as if the reference to that section included a reference to the foregoing sub-paragraph.

2 (1) If, immediately before the appointed day, any sums of money that, by virtue of section 3(1) of the [1961 c. 15.] Post Office Act 1961, are subject to be paid by the Postmaster General into the Exchequer of the United Kingdom (that is to say, sums received by him by way of broadcast receiving licence revenue) are in his hands, the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Minister, who shall pay them into the Consolidated Fund.

(2) As soon as practicable after the appointed day, the Minister shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid, under section 3(2) of the Post Office Act 1961, into the Post Office Fund out of moneys provided by Parliament for paying the Postmaster General for discharging his functions under the Wireless Telegraphy Acts 1949 to 1967 and the [1964 c. 21.] Television Act 1964, in so far as broadcasting is concerned or otherwise in relation to broadcasting and the amount determined by the Minister, with the approval of the Treasury, to be the aggregate of the sums that, had this Act not passed, would have been paid, under that section, into that fund, out of moneys so provided for that purpose in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day.

3 (1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him from the Secretary of State for the payment on his behalf of benefit (as defined by section 114(1) of the [1965 c. 51.] National Insurance Act 1965 or section 86(1) of the [1965 c. 52.] National Insurance (Industrial Injuries) Act 1965), allowances under the [1965 c. 53.] Family Allowances Act 1965 or allowances or benefit under the [1967 c. 34.] Industrial Injuries and Diseases (Old Cases) Act 1967 or received by him in respect of sales of insurance stamps (within the meaning of the first- or second-mentioned Act of 1965), the Post Office shall, on that day, assume a liability to pay equivalent sums to the Secretary of State; and if, immediately before that day, any sums of money are owed by the Secretary of State to the Postmaster General for the purpose of reimbursing him sums paid by him on behalf of the Secretary of State by way of such benefit or allowances as aforesaid, the Secretary of State shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed.

(2) As soon as practicable after the appointed day, the Secretary of State shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him, the Minister of Social Security and the Minister of Pensions and National Insurance together in pursuance of subsection (2) of section 85 of the [1965 c. 51.] National Insurance Act 1965 (payment of the Postmaster General for work done by him in the execution of that Act and the other enactments mentioned in that subsection) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him and those Ministers together in pursuance of that subsection to the Postmaster General in respect of" the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day.

(3) The payment falling to be made in pursuance of the last foregoing sub-paragraph shall be defrayed as follows, that is to say.—

(a) so much as is attributable to work done by the Postmaster General in the execution of the [1965 c. 54.] National Health Service Contributions Act 1965, so much as is determined by the Treasury to be attributable to work done by him in the execution of section 28 of the [1965 c. 62.] Redundancy Payments Act 1965 and so much as is so determined to be attributable to work done by him in the execution of section 44 of the [1966 c. 18.] Finance Act 1966 (selective employment tax) shall be defrayed out of moneys provided by Parliament;

(b) the residue shall be defrayed as part of the expenses of the Secretary of State in carrying into effect the enactments mentioned in section 85(2) of the National Insurance Act 1965;

and, for the purpose of determining what part of the residue should be attributed to each respectively of the enactments so mentioned, it shall be apportioned between them in such manner as may be determined by the Secretary of State in accordance with any directions given by the Treasury.

4 (1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him from the Secretary of State for the payment on his behalf of benefit (as defined by section 36(1) of the [1966 c. 20.] Ministry of Social Security Act 1966), the Post Office shall, on that day, assume a liability to pay equivalent sums to the Secretary of State; and if, immediately before that day, any sums of money are owed to the Postmaster General by the Secretary of State for the purpose of reimbursing him sums paid by him on behalf of the Secretary of State by way of benefit (as so defined), the Secretary of State shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed.

(2) As soon as practicable after the appointed day, the Secretary of State shall, out of" moneys provided by Parliament, pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him and the Minister of Social Security together in pursuance of subsection (3) of section 19 of the [1961 c. 15.] Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the [1966 c. 20.] Ministry of Social Security Act 1966) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him and the Minister of Social Security together in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day appointed under section 40(2)(c) of the last-mentioned Act by the Minister of Social Security and ending with the day immediately preceding the appointed day.

5 (1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a county council in respect of licences issued under the [1962 c. 13.] Vehicles (Excise) Act 1962, the Post Office shall, on that day, assume a liability to pay equivalent sums to the council.

(2) As soon as practicable after the appointed day, the Minister of Transport shall, out of moneys provided by Parliament, pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by him in pursuance of subsection (4) of section 19 of the [1961 c. 15.] Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the Vehicles (Excise) Act 1962) to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day.

(3) In this paragraph, the expression " county council " shall be construed in like manner as if it were contained in the Vehicles (Excise) Act 1962.

6 (1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a local authority in England or Wales in respect of licences for dogs or licences to deal in, or for killing, game, the Post Office shall.—

(a) if subsection (3) of section 35 of the [1966 c. 42.] Local Government Act 1966 (deduction by Postmaster General, from amount of duties in respect of such licences as aforesaid received by him, of expenses incurred by him on work done in connection with issue thereof) is not in force on that day, assume a liability to pay equivalent sums to the authority;

(b) if that subsection is in force on that day, assume a liability to pay to the authority equivalent sums less such sum as the Minister considers to be equal to that which, had this Act not passed and the first-mentioned sums been paid by the Postmaster General to the authority on that day, would, by virtue of that subsection, have been deducted by him therefrom.

(2) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him on behalf of a local authority in Scotland in respect of licences for dogs or licences for killing game, the Post Office shall pay to the authority equivalent sums, less such sum as the Minister considers to be equal to that which, had this Act not passed and the first-mentioned sums been paid by the Postmaster General to the authority on that day, would, by virtue of section 43(2) of the [1966 c. 57.] Local Government (Scotland) Act 1966 or of Article 4(6) of the [S.I. 1967/714 (S. 50).] Game Licences and Gamedealers' Licences (Scotland) Order 1967, have been deducted by him therefrom.

(3) If subsection (3) of section 35 of the [1966 c. 42.] Local Government Act 1966 is not in force on the appointed day, the Minister of Housing and Local Government shall, as soon as practicable thereafter, pay to the Post Office, out of moneys provided by Parliament, a sum equal to the difference between the aggregate of the sums paid by him in pursuance of subsection (5) of section 19 of the [1961 c. 15.] Post Office Act 1961 to the Postmaster General and the amount agreed between him and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by him in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day.

7 (1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him by way of ordinary or investment deposits or for the purpose of the repayment of such deposits or the payment of interest thereon, the Post Office shall, on that day, assume a liability to pay equivalent sums to the Director of Savings.

(2) If, immediately before the appointed day, any sums of money are owed to the Postmaster General for the purpose of reimbursing him sums paid by him by way of the repayment of, or the payment of interest on, ordinary deposits, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards discharge of this liability shall be made out of ordinary deposits.

(3) If, immediately before the appointed day, any sums of money are owed to the Postmaster General for the purpose of reimbursing him sums paid by him by way of the repayment of, or the payment of interest on, investment deposits, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards discharge of this liability shall be debited to the National Savings Bank Investment Account Fund.

(4) As soon as practicable after the appointed day, the National Debt Commissioners shall pay to the Post Office a sum equal to the difference between the aggregate of the sums paid by them in pursuance of subsection (6) of section 19 of the Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of the [1954 c. 62.] Post Office Savings Bank Act 1954) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by the Commissioners in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day; and the payment of the sum falling to be paid by virtue of the foregoing provisions of this sub-paragraph shall be treated for the purposes of section 16 of the [1954 c. 62.] Post Office Savings Bank Act 1954 as part of the expenses incurred by the National Debt Commissioners in the execution of that Act.

(5) As soon as practicable after the appointed day, there shall be debited to the National Savings Bank Investment Account Fund and paid to the Post Office—

(a) a sum equal to the difference between the aggregate of the sums debited in pursuance of paragraph (a) of subsection (3) of section 3 of the [1966 c. 12.] Post Office Savings Bank Act 1966 (which paragraph operates to secure that the Postmaster General is paid for work done by him in connection with investment deposits) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been debited in pursuance of that paragraph in respect of the period beginning with the day on which that Act came into operation and ending with the day immediately preceding the appointed day; and

(b) a sum equal to the difference between the aggregate of the sums debited in pursuance of paragraph (c) of that subsection (which paragraph operates to secure that the Postmaster General is reimbursed amounts paid by him under section 2 of the [1961 c. 15.] Post Office Act 1961 that are attributable to the investment of deposits under the said Act of 1966) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been debited in pursuance of that paragraph in respect of the period aforesaid.

8 (1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money received by him—

(a) in respect of purchases or sales of government stock, national savings certificates or relevant securities;

(b) for the purpose of the payment of interest on, or the redemption of, government stock or relevant securities;

(c) for the purpose of the redemption or repayment of, or the payment of interest on, national savings certificates or war savings certificates; or

(d) for the purpose of making, in respect of relevant securities, payments other than payments of principal or interest;

the Post Office shall, on that day, assume a liability to pay equivalent sums to the Director of Savings.

(2) If, immediately before the appointed day, any sums of money are owed to the Postmaster General by the Treasury for the purpose of reimbursing him sums paid by him for any such purpose as is mentioned in sub-paragraph (1)(b), (c) or (d) above, the Director of Savings shall, on that day, assume a liability to pay to the Post Office sums equivalent to the sums owed; and a payment made in or towards the discharge of this liability shall be made out of the National Loans Fund with recourse to the Consolidated Fund.

(3) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money remitted under section 5 of the [1958 c. 6 (7 & 8 Eliz. 2).] National Debt Act 1958 by the Bank of England or Ireland, the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Director of Savings.

(4) In this paragraph—

(a) " government stock " means stock registered in the register referred to in section 108(1) of this Act;

(b) " national savings certificates " means the certificates issued by that name under section 59 of the [1920 c. 18.] Finance Act 1920, Part II of the National Debt Act 1958 or section 12 of the [1968 c. 13.] National Loans Act 1968;

(c) " relevant securities " means securities (other than national savings certificates) created and issued under the [1939 c. 117.] National Loans Act 1939 or section 12 of the National Loans Act 1968 for the purpose of raising money through the department of the Postmaster General; and

(d) " war savings certificates " means the certificates issued by that name under the [1915 c. 55.] War Loan Act 1915 or section 58 of the [1916 c. 24.] Finance Act 1916.

9 If, immediately before the appointed day, any sums of money that, by virtue of section 35(2) of the [1961 c. 36.] Finance Act 1961, are subject to be paid into the National Loans Fund are in the hands of the Postmaster General (that is to say, sums received by him from the sale of national savings stamps or gift tokens), the Post Office shall, on that day or as soon as practicable thereafter, pay equivalent sums to the Treasury who shall pay them into that fund; and, if, immediately before that day, any sums are due under the said section 35(2) to the Postmaster General by way of reimbursing him money paid by him in respect of the exchange or encashment of national savings stamps or national savings gift tokens, the Treasury shall, on that day or as soon as practicable thereafter, pay out of that fund equivalent sums to the Post Office.

10 (1) If, immediately before the appointed day, any sum is due to the Postmaster General for reimbursing him expenses incurred by him of the kind mentioned in section 12(4)(c) or 13(4) of the National Loans Act 1968, an equivalent sum shall, on that day or as soon as practicable thereafter, be paid to the Post Office out of the National Loans Fund with recourse to the Consolidated Fund.

(2) If, in any period ending with the day immediately preceding the appointed day, the Postmaster General has done without payment work for whose doing he would, but for this Act, have received payment under subsection (7) of section 16 of the National Loans Act 1968 after the beginning of that day, there shall, on that day or as soon as practicable thereafter, be paid to the Post Office out of the National Loans Fund with recourse to the Consolidated Fund such sum as may be agreed between the Treasury and the Post Office to be equal to that which, but for this Act, would have been paid under that subsection to the Postmaster General for doing that work.

11 (1) If, immediately before the appointed day, there are in the hands of the Postmaster General any sums of money paid to him on contracts entered into under Part II of the [1929 c. 29.] Government Annuities Act 1929 or received by him from the National Debt Commissioners for the payment of moneys becoming due under contracts so entered into, the Post Office shall, on that day, assume a liability to pay equivalent sums to the National Debt Commissioners.

(2) If, immediately before the appointed day, any sums of money are owed by the National Debt Commissioners to the Postmaster General for the purpose of reimbursing him sums paid by him in satisfaction of payments due under contracts entered into under the said Part II, those Commissioners shall, on that day, assume a liability to pay to the Post Office sums equivalent to those owed; and the Treasury shall, for the purpose of enabling those Commissioners to make payments in or towards discharge of this liability, in so far as it is referable to contracts for the grant of immediate savings bank annuities, provide them with the necessary sums out of the National Loans Fund with recourse to the Consolidated Fund, and shall, for the purpose of enabling them to make payments in discharge of this liability, in so far as it is not so referable, provide them with the necessary sums out of the Consolidated Fund.

(3) As soon as practicable after the appointed day, the National Debt Commissioners shall pay to the Post Office, out of moneys provided by Parliament, a sum equal to the difference between the aggregate of the sums paid by them in pursuance of subsection (7) of section 19 of the [1961 c. 15.] Post Office Act 1961 (payment of the Postmaster General for work done by him in the execution of Part II of the Government Annuities Act 1929) and the amount agreed between the Treasury and the Post Office to be the aggregate of the sums that, had this Act not passed, would have been paid by the Commissioners in pursuance of that subsection to the Postmaster General in respect of the period beginning with the day on which the first-mentioned Act came into operation and ending with the day immediately preceding the appointed day.

12 Where, in respect of use before the appointed day of an invention by virtue of section 46 of the [1949 c. 87.] Patents Act 1949, a payment has fallen to be, but has not been, made by the Postmaster General, or would, if this Act had not passed, have fallen to be made by him, that payment shall be made instead by the Post Office; and if the amount of the payment has not been agreed or determined as mentioned in subsection (3) of the said section 46 before that day, it shall, in default of agreement between the Post Office and the person to whom the payment is due, be determined in like manner as it would have been determined had this Act not passed.

13 Where, in respect of Use before the appointed day of a registered design by virtue of paragraph 1 of Schedule 1 to the [1949 c. 88.] Registered Designs Act 1949, a payment has fallen to be, but has not been, made by the Postmaster General or would, if this Act had not passed, have fallen to be made by him, that payment shall be made instead by the Post Office; and, if the amount of the payment has not been agreed or determined as mentioned in sub-paragraph (3) of the said paragraph 1 before that day, it shall, in default of agreement between the Post Office and the person to whom the payment is due, be determined in like manner as it would have been determined had this Act not passed.

14 If, immediately before the appointed day, any sums of money are, by virtue of section 77(4) of the [1953 c. 36.] Post Office Act 1953 (payment of tolls in Scotland and Northern Ireland), due to be paid by the Postmaster General, the Post Office shall, as soon as practicable after that day, pay such sums to the persons to whom they are due.

15 (1) Where, under any such arrangements as are mentioned in section 41(3) of the [1965 c. 62.] Redundancy Payments Act 1965 (arrangements for securing payments by way of compensation for loss of employment in certain circumstances where no redundancy payment is payable) a payment—

(a) has fallen to be, but has not been, made by the Postmaster General in respect of the termination before the appointed day of the employment of a person in the civil service in the department of the Postmaster General (whether or not in an established capacity) or in any other capacity remunerated out of the Post Office Fund; or

(b) would, if this Act had not passed, have fallen to be made by the Postmaster General in respect of the termination, before the appointed day, of such employment as aforesaid of a person;

that payment shall be made instead by the Post Office.

(2) If, immediately before the appointed day, any sums of money are owed by the Secretary of State to the Post Office Fund under section 41(2) of the Redundancy Payments Act 1965 (which provides for the making of a payment by the Secretary of State out of the Redundancy Fund to certain authorities or funds in a case where he is satisfied that, in accordance with any provision of the [1965 c. 74.] Superannuation Act 1965 or with such arrangements as are referred to in the foregoing sub-paragraph, a payment has been or will be made in respect of the termination of employment of a person) in respect of sums paid by the Postmaster General in respect of the termination of the employment of persons remunerated out of the Post Office Fund, the Secretary of State shall, on that day or as soon as practicable thereafter, pay to the Post Office sums equivalent to those owed.

(3) In the case of a payment falling to be made by the Post Office—

(a) by virtue of sub-paragraph (1) above; or

(b) by virtue of section 44 of this Act, in respect of the termination before the appointed day of such employment of a person as is mentioned in sub-paragraph (1)(a) above,

the said section 41(2) shall have effect in relation thereto with the substitution, for the reference to the appropriate fund or authority, of a reference to the Post Office.

16 (1) If, immediately before the appointed day, any sums of money are owed by the Ministry of Health and Social Services for Northern Ireland to the Post Office Fund under section 48(2) of the [1965 c. 19 (N.I.).] Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (which provides for the making of a payment by that Ministry out of the Northern Ireland Redundancy Fund to certain authorities or funds in a case where it is satisfied that, in accordance with such arrangements as are referred to in sub-paragraph (1) of the last foregoing paragraph, a payment has been or will be made in respect of the termination of employment of a person) in respect of sums paid by the Postmaster General in respect of the termination of the employment of persons remunerated out of the Post Office Fund, that Ministry shall, on that day or as soon as practicable thereafter, pay to the Post Office sums equivalent to those owed.

(2) In the case of a payment by the Post Office—

(a) by virtue of sub-paragraph (1) of the last foregoing paragraph; or

(b) by virtue of section 44 of this Act, in respect of the termination before the appointed day of such employment of a person as is mentioned in that sub-paragraph;

the said section 48(2) shall have effect in relation thereto with the substitution, for the reference to the appropriate fund or authority, of a reference to the Post Office.

17 (1) Any payment which, if this Act had not passed, would have fallen to be made under section 3(2) of the [1966 c. 32.] Selective Employment Payments Act 1966 or section 4(2) of the [1966 c. 32 (N.I.).] Selective Employment Payments Act (Northern Ireland) 1966 to the Postmaster General on or after the appointed day in respect of a contribution week for which he paid selective employment tax before that day shall be made instead to the Post Office.

(2) The difference (if any) on the appointed day between the aggregate of any expenses incurred by the Postmaster General as a designated minister within the meaning of section 3 of the Selective Employment Payments Act 1966 and the aggregate of the amounts paid, by virtue of section 11(2) of that Act, into the Post Office Fund out of moneys provided by Parliament shall, as soon as practicable after that day, be paid to the Post Office out of moneys so provided.

18 (1) The Secretary of State shall, out of the moneys received by him on account of national health service contributions, set aside sums equal in the aggregate to so much of the payment falling to be made under paragraph 3(2) of this Schedule as is determined by the Treasury to be attributable to work done by the Postmaster General in the execution of section 2 of the [1965 c. 54.] National Health Service Contributions Act 1965, and, accordingly, section 3(3) of that Act shall have effect as if the reference therein to subsection (1) of that section included a reference to this sub-paragraph.

(2) The Secretary of State shall, out of the moneys received by him on account of redundancy fund contributions, retain sums equal in the aggregate to so much of the payment falling to be made under paragraph 3(2) of this Schedule as is determined by the Treasury to be attributable to work done by the Postmaster General in the execution of section 28 of the [1965 c. 62.] Redundancy Payments Act 1965, and, accordingly, section 29(5) of that Act shall have effect as if the reference therein to subsection (1) of that section included a reference to this sub-paragraph.

(3) Sums retained in pursuance of either of the foregoing sub-paragraphs by the Secretary of State shall be paid into the Consolidated Fund.