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Post Office Act 1969

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This is the original version (as it was originally enacted).

3(1)Any such regulations as follows that are in force immediately before the appointed day, that is to say.—

(a)regulations under section 11 of the Juries Act 1862;

(b)regulations under section 22 of the Juries Act (Ireland) 1871;

(c)any such regulations made, or having effect as if made, under section 81 of the Post Office Act 1953 as have effect by virtue of section 5(2), 6(1) or (2), 8(1), 10, 11(3), 15, 20, 21 or proviso (b) to section 24 of that Act or of section 9(5) of the Crown Proceedings Act 1947;

(d)regulations under the Telephone Act 1951;

(e)regulations made, or having effect as if made, under the Telegraph Act 1962;

and are not revoked by virtue of sub-paragraph (4) below shall, with the substitution, for references to the Postmaster General, of references to the Post Office, with the omission of provisions as to evidence, deductions of money payable to bankers for or on account or in respect of money orders and limitation or exclusion of liability (except liability in respect of money orders that have become void by effluxion of time) and with any requisite modifications,'have effect on and after that day as if they were provisions of schemes made under section 28 of this Act and coming into operation on that day and may be revoked or amended accordingly, and any charges fixed under any such regulations as aforesaid that are not revoked by virtue of that sub-paragraph shall have effect as if fixed under schemes so made and coming into operation.

(2)Subsection (3) of section 10 of the Post Office Act 1953 (consequence of failure to pay sums payable in respect of a cash on delivery packet) shall (unless repealed by virtue of sub-paragraph (4) below), with the omission of the reference to a British postal agency, with the substitution, for the references to the Postmaster General, of references to the Post Office and with the omission of the words

as a debt due to him, have effect on and after the appointed day as if it were a provision of a scheme made under section 28 of this Act and coming into operation on that day, and may be repealed or amended accordingly; and, as from that day, the expression " cash on delivery packet" in that subsection shall mean a packet on whose delivery a sum falls to be collected by the Post Office for remission to the sender of the packet.

(3)Conclusive evidence of charges fixed under regulations made under the Telephone Act 1951 or regulations made, or having effect as if made, under section 81 of the Post Office Act 1953 or under the Telegraph Act 1962 may be given in all courts of justice and in all legal proceedings by the production of a copy of the London, Edinburgh or Belfast Gazette in which they were published.

(4)A scheme made under section 28 of this Act which is to come into effect on the appointed day may revoke or amend any such regulations as are referred to in sub-paragraph (1) above, and may repeal section 10(3) of the Post Office Act 1953.

(5)Any reference in an agreement or licence in force on the appointed day to a provision of any such regulations as are mentioned in sub-paragraph (1)(d) or (e) above (other than a provision relating to evidence or to limitation or exclusion of liability) shall, if during the currency of the agreement or licence that provision is revoked, be construed (unless the context otherwise requires) as referring to the corresponding provision for the time being in force of a scheme made under section 28 of this Act; and any reference in any such agreement or licence to a provision of any such regulations relating to limitation or exclusion of liability shall, as from that day, be construed in like manner as if that provision had not ceased to be in force.

(6)For the purposes of section 69 of this Act, proceedings instituted by or against the Postmaster General which are continued by or against the Post Office shall be treated as having been instituted by or against the Post Office; and the reference in subsection (1) of that section to a sum due to the Post Office under such provisions as are therein mentioned shall be taken to include a reference to a sum that, having been due to the Postmaster General under any such regulations as are mentioned in sub-paragraph (1)(d) or (e) above, has, by virtue of section 16 of this Act, become due to the Post Office.

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