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British Telecommunications Act 1981

Status:

This is the original version (as it was originally enacted).

Schedules

Schedule 1Provisions with respect to the Corporation and the Members thereof

Status

1The Corporation shall be a body corporate.

2The Corporation shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown, or (subject to any express provision of this Act) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local; and the Corporation's property shall not be regarded as property of, or property held on behalf of, the Crown.

Members

3(1)A member of the Corporation shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment

(2)A member may at any time by notice in writing to the Secretary of State resign his office.

4(1)Before appointing a person to be a member of the Corporation the Secretary of State shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the exercise and performance by him of his functions as a member of the Corporation, and the Secretary of State shall also satisfy himself from time to time with respect to every member of the Corporation that he has no such interest; and a person who is, or whom the Secretary of State proposes to appoint to be, a member of the Corporation shall, whenever requested by the Secretary of State so to do, furnish to him such information as the Secretary of State considers necessary for the performance by the Secretary of State of his duties under this paragraph.

(2)A member of the Corporation who is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation, or in a contract made or proposed to be made by a subsidiary of the Corporation which is brought up for consideration by the Corporation, shall disclose the nature of his interest at a meeting of the Corporation; and the disclosure shall be recorded in the minutes of the Corporation, and the member shall not take any part in any deliberation or decision of the Corporation with respect to that contract.

(3)For the purposes of sub-paragraph (2), a general notice given at a meeting of the Corporation by a member thereof to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm shall be regarded as a sufficient disclosure of his interest in relation to any contract so made or proposed to be so made.

(4)A member of the Corporation need not attend in person at a meeting of the Corporation in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

5(1)The Corporation—

(a)shall pay to the members thereof such salaries or fees, and

such allowances, as the Secretary of State may determine; and

(b)as regards any member in whose case the Secretary of State may so determine, shall pay such pension, allowance or gratuity to or in respect of him or make such payments towards the provision of such a pension, allowance or gratuity as may be so determined;

and, if a person ceases to be a member of the Corporation and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may require the Corporation to pay to that person a sum of such amount as the Secretary of State may determine.

(2)The approval of the Minister for the Civil Service shall be requisite to a determination under this paragraph by the Secretary of State and to the imposition thereunder by him of a requirement.

6(1)If the Secretary of State is satisfied that a member of the Corporation—

(a)has been absent from meetings of the Corporation for a period longer than three consecutive months without the permission of the Corporation ; or

(b)has become bankrupt or made an arrangement with his creditors; or

(c)is incapacitated by physical or mental illness ; or

(d)is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member of the Corporation to be vacant, and shall notify the fact in such manner as the Secretary of State thinks fit; and thereupon the office shall become vacant.

(2)In the application of this paragraph to Scotland, for the references in head (b) of sub-paragraph (1) to a member's having become bankrupt and to a member's having made an arrangement with his creditors there thall be substituted respectively references to sequestration of a member's estate having been awarded and to a member's having made a trust deed for behoof of his creditors or a composition contract

7Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (which specifies certain commissions, tribunals and other bodies all members of which are disqualified under that Act) shall be amended by inserting, at the appropriate point in alphabetical order, the words

British Telecommunications.

Proceedings

8The validity of any proceedings of the Corporation shall not be affected by a vacancy amongst the members thereof or by a defect in the appointment of a member.

9The quorum of the Corporation shall be three; and, while a member is disqualified from taking part in a decision or deliberation of the Corporation with respect to a matter, he shall be disregarded for the purpose of constituting a quorum of the Corporation for deciding, or deliberating on, that matter.

10Subject to the foregoing provisions of this Schedule, the Corporation shall have power to regulate its own procedure.

Staff

11The Corporation shall appoint a secretary of the Corporation and may appoint such other employees as it may determine.

12(1)Except so far as the Corporation is satisfied that adequate machinery exists for achieving the purposes of this paragraph, being machinery for operation at national level or local level or a level falling between those levels and appearing to the Corporation to be appropriate, it shall be the duty of the Corporation to seek consultation with any organisation appearing to it to be appropriate with a view to the conclusion between it and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for—

(a)the settlement by negotiation of terms and conditions of employment of persons employed by the Corporation, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;

(b)the promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the Corporation of its activities, including in particular, the promotion and encouragement of the training of persons employed by the Corporation; and

(c)the promotion and encouragement of measures affecting the safety, health and welfare of persons so employed.

(2)Nothing in this paragraph shall be construed as prohibiting the Corporation from taking part together with other employers or organisations of employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment and the promotion and encouragement of measures affecting efficiency in the carrying on of their activities and the promotion and encouragement of measures affecting the Safety, health and welfare of persons employed by them

13(1)Except with the Secretary of State's consent, the Corporation shall not terminate on security grounds the employment of a person employed by it

(2)In this paragraph, " security grounds " means grounds which are grounds for dismissal from the civil service of Her Majesty in accordance with any arrangements for the time being in force relating to dismissals from that service for reasons of national security.

Fixing of seal and proof of instruments

14The fixing of the seal of the Corporation shall be authenticated by the signature of the secretary of the Corporation or of some other person authorised, either generally or specially, by the Corporation to act for that purpose.

15A certificate signed by the secretary of the Corporation that an instrument purporting to be made or issued by or on behalf of the Corporation was so made or issued shall be conclusive evidence of that fact.

16Every document purporting to be an instrument made or issued by or on behalf of the Corporation and to be duly executed under the seal of the Corporation, or to be signed or executed by the secretary of the Corporation or a person authorised by the Corporation to act in that behalf, shall be received in evidence and deemed, without further proof, to be so made or issued unless the contrary is shown.

Schedule 2Provisions as to Transfers of Property, Rights and Liabilities

Allocation of property, rights and liabilities

1(1)The provisions of this paragraph and paragraph 2 shall have effect where a transfer to which this Schedule applies is a transfer of all property, rights and liabilities comprised in a specified part of the transferor's undertaking, but shall not apply to any such rights or liabilities under a contract of employment.

(2)Any property, right or liability comprised partly in the part of the transferor's undertaking which is transferred to the transferee and partly in the part of that undertaking which is retained by the transferor shall, where the nature of the property, right or liability permits, be divided or apportioned between the transferor and the transferee in such proportions as may be appropriate; and, where any estate or interest in land falls to be so divided—

(a)any rent payable under a lease in respect of that estate or interest; and

(b)any rent charged on that estate or interest,

shall be correspondingly apportioned or divided so that the one part is payable in respect of, or charged on, only one part of the estate or interest and the other part is payable in respect of, or charged on, only the other part of the estate or interest.

(3)Sub-paragraph (2) shall apply, with any necessary modifications, in relation to any feuduty payable in respect of an estate or interest in land in Scotland as it applies in relation to any rents charged on an estate or interest in land; and in the application of that sub-paragraph to Northern Ireland "lease" in paragraph (a) includes a fee farm grant whether or not that grant creates the relationship of landlord and tenant.

(4)Any property, right or liability comprised as mentioned in sub-paragraph (2) the nature of which does not permit its division or apportionment as so mentioned shall be transferred to the transferee or retained by the transferor according to—

(a)in the case of an estate or interest in land, whether on the transfer date the transferor or the transferee appears to be in greater need of the security afforded by that estate or interest or, where neither appears to be in greater need of that security, whether on that date the transferor or the transferee appears likely to make use of the land to the greater extent;

(b)in the case of any other property or any right or liability,, whether on the transfer date the transferor or the transferee appears likely to make use of the property, or as the case may be to be affected by the right or liability, to the greater extent,

subject (in either case) to such arrangements for the protection of the other of them as may be agreed between them.

2(1)It shall be the duty of the transferor and the transferee,, whether before or after the transfer date, so far as practicable to arrive at such written agreements and to execute such other instruments as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained by the: transferor and as will—

(a)afford to the transferor and the transferee as against one another such rights and safeguards as they may require for the proper discharge of their respective functions ; and

(b)make as from such date, not being earlier than the transfer date, as may be specified in the agreement or instrument such clarification and modifications of the division of the transferor's undertaking as will best serve the proper discharge of the respective functions of the transferor and the transferee.

(2)Any such agreement shall provide so far as it is expedient—

(a)for the granting of leases and for the creation of other liabilities and rights over land whether amounting in law to interests in land or not, and whether involving the surrender of any existing interest or the creation of a new interest or not;

(b)for the granting of indemnities in connection with the severance of leases and other matters; and

(c)for responsibility for registration of any matter in any statutory register.

(3)If the transferor or the transferee represents to the Secretary of State, or if it appears to the Secretary of State without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (1) that such agreement will be reached, the Secretary of State may, whether before or after the transfer date, give a direction determining that matter and may include in the direction any provision which might have been included in an agreement under sub-paragraph (1); and any property, rights or liabilities required by the direction to be transferred to the transferee shall be regarded as having been transferred by this Act to, and by virtue thereof vested in, the transferee accordingly.

Rights and liabilities under contracts of employment

3(1)The provisions of this paragraph shall have effect where any rights and liabilities transferred under a transfer to which this Schedule applies are rights and liabilities under a contract of employment and the transfer is of all property, rights and liabilities comprised in a specified part of the transferor's undertaking.

(2)The rights and liabilities under the contract of employment shall be transferred only if immediately before the transfer date the employee concerned was employed in the part of the transferor's undertaking which is transferred.

Right to production of documents of title

4Where on any transfer to which this Schedule applies the transferor is entitled to retain possession of any documents relating in part to the title to, or to the management of, any land or other property transferred to the transferee, the transferor shall be deemed to have given to the transferee an acknowledgement in writing of the right of the transferee to production of that document and to delivery of copies thereof; and—

(a)in England and Wales, section 64 of the Law of Property Act 1925 ; and

(b)in Northern Ireland, section 9 of the Conveyancing Act 1881, shall have effect accordingly, and on the basis that the acknowledgement did not contain any such expression of contrary intention as is mentioned in that section.

Perfection of vesting of certain property or rights

5Where in the case of any transfer to which this Schedule applies any property or rights which fall to be transferred to the transferee cannot be properly vested in the transferee by virtue of this Act because transfers thereof are governed otherwise than by the law of a part of the United Kingdom, the transferor shall take all practicable steps for the purpose of securing that the ownership of the property or, as the case may be, the right is effectively transferred.

Proof of title by certificate

6In the case of any transfer to which this Schedule applies, a joint certificate by or on behalf of the transferor and the transferee that any property specified in the certificate, or any such interest in or right over any such property as may be so specified, or any right or liability so specified, is by virtue of this Act for the time being vested in such one of them as may be so specified, shall be conclusive evidence for all purposes of that fact; and if on the expiration of one month after a request from either of them for the preparation of such a joint certificate as respects any property, interest, right or liability, they have failed to agree on the terms of the certificate, they shall refer the matter to the Secretary of State and issue the certificate in such terms as he may direct.

Restrictions on dealing with certain land

7If the Secretary of State is satisfied on the representation of the transferor or the transferee that, in consequence of a transfer to which this Schedule applies, different interests in land, whether the same or different land, are held by the transferor and by the transferee and that the circumstances are such that this paragraph should have effect, the Secretary of State may direct that this paragraph shall apply to such of that land as may be specified in the direction, and while that direction remains in force—

(a)neither the transferor nor the transferee shall dispose of any interest to which they may respectively be entitled in any of the specified land except with the consent of the Secretary of State ;

(b)if in connection with any proposal to dispose of an interest of either the transferor or the transferee in any of the specified land it appears to the Secretary of State to be necessary or expedient for the protection of either of them, he may—

(i)require either the transferor or the transferee to dispose of any interest to which it may be entitled in any of the specified land to such person and in such manner as may be specified in the requirement;

(ii)require either the transferor or the transferee to acquire from the other any interest in any of the specified land to which that other is entitled ; or

(iii)consent to the proposed disposal subject to compliance with such conditions as the Secretary of State may see fit to impose ;

but a person other than the transferor and the transferee dealing with, or with a person claiming under, either the transferor or the transferee shall not be concerned to see or enquire whether this paragraph applies or has applied in relation to any land to which the dealing relates or as to whether the provisions of this paragraph have been complied with in connection with that or any other dealing with that land, and no transaction between persons other than the transferor and the transferee shall be invalid by reason of any failure to comply with those provisions.

Construction of agreements, statutory provisions and documents

8Where in the case of any transfer to which this Schedule applies any rights or liabilities transferred are rights or liabilities under an agreement to which the transferor was a party immediately before the transfer date, whether in writing or not, and whether or not of such nature that rights and liabilities thereunder could be assigned by the transferor, that agreement shall have effect on and after the transfer date as if—

(a)the transferee had been the party to the agreement;

(b)for any reference (whether express or implied and, if express, however worded) to the transferor there were substituted, as respects anything falling to be done on or after the transfer date, a reference to the transferee ;

(c)any reference (whether express or implied and, if express, however worded) to a person employed by, or engaged in the business of, the transferor and holding a specified office or serving in a specified capacity were, as respects anything falling to be done on or after the transfer date, a reference to such person as the transferee may appoint or, in default of appointment, to a person employed by, or engaged in the business of, the transferee who corresponds as nearly as may be to the first-mentioned person ;

(d)any reference in general terms (however worded) to persons employed by, persons engaged in the business of, or agents of, the transferor were, as respects anything to be done on or after the transfer date, a reference to persons employed by, persons engaged in the business of, or agents of, the transferee ;

(e)where the agreement refers to property, rights or liabilities which fall to be apportioned or divided between the transferor and the transferee, the agreement constituted two separate agreements separately enforceable by and against the transferor and the transferee as regards the part of the property, rights or liabilities retained by the transferor or, as the case may be, the part thereof vesting in the transferee, and not as regards the other part; and sub-paragraph (e) shall apply in particular to the covenants, stipulations and conditions of any lease by or to the transferor.

9Except as otherwise provided in any provision of this Act (whether expressly or by necessary implication) paragraph 8, except sub-paragraph (a) thereof, shall apply in relation to any statutory provision, any provision of any agreement to which the transferor was not a party, and any provision of any document other than an agreement, if and so far as the provision in question relates to any of the transferred rights and liabilities, as it applies in relation to an agreement to which the transferor was a party, and, in relation to any such statutory or other provision as aforesaid, references in sub-paragraphs (b), (c) and (d) of that paragraph to the transferor and to any persons employed by, persons engaged in the business of, or agents of, the transferor include references made by means of a general reference to a class of persons of which the transferor is one, without the transferor itself being specifically referred to.

10Without prejudice to the generality of the provisions of paragraphs 8 and 9, the transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability vested in the transferee by virtue of this Act as he would have had if that right or liability had at all times been a right or liability of the transferee, and any legal proceedings or applications to any authority rjending on the transfer date by or against the transferor in so far as they relate to any property, right or liability vested in the transferee by virtue of this Act, or to any agreement or enactment relating to any such property, right or liability, shall be continued by or against the transferee to the exclusion of the transferor.

11(1)References in paragraphs 8 to 10 to agreements to which the transferor was a party and to statutory provisions include in particular reference to agreements to which the transferor became a party by virtue of the 1969 Act or this Act and statutory provisions which apply to the transferor by virtue of either Act

(2)The provisions of paragraphs 8 to 10 shall have effect for the interpretation of agreements, statutory provisions and other instruments subject to the context, and shall not apply where the context otherwise requires.

Third parties affected by vesting provisions

12(1)Without prejudice to the provisions of paragraphs 8 to 11, any transactions effected between the transferor and the transferee in pursuance of paragraph 2(1) or of a direction under paragraph 2(3) shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person.

(2)It shall be the duty of the transferor and the transferee if they effect any transaction in pursuance of paragraph 2(1) or a direction under paragraph 2(3) to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the transferor and as to part by or against the transferee, and if such a person applies to the Secretary of State and satisfies him that the transaction operated unfairly against him the Secretary of State may give such directions to the transferor and the transferee as appear to him appropriate for varying the transaction.

(3)If in consequence of a transfer to which this Schedule applies or of anything done in pursuance of the provisions of this Schedule the rights or liabilities of any person other than the transferor and the transferee which were enforceable against or by the transferor become enforceable as to part against or by the transferor and as to part against or by the transferee, and the value of any property or interest of that person is thereby diminished, such compensation as may be just shall be paid to that person by the transferor, the transferee or both, and any dispute as to whether and if so how much compensation is so payable, or as to the person to whom it shall be paid, shall be referred to and determined by an arbitrator appointed by the Lord Chancellor or, where the proceedings are to be held in Scotland, by an arbiter appointed by the Lord President of the Court of Session.

(4)Where in the case of a transfer to which this Schedule applies the transferor or the transferee purports by any conveyance or transfer to transfer to some person other than the transferor or the transferee for consideration any land or any other property transferred which before the transfer date belonged to the transferor or which is an interest in property which before that date belonged to the transferor, the conveyance or transfer shall be as effective as if both the transferor and the transferee had been parties thereto and had thereby conveyed or transferred all their interest in the property conveyed or transferred.

(5)If in the case of any transfer to which this Schedule applies it appears to the court, at any stage in any court proceedings to which the transferor or the transferee and a person other than the transferor or the transferee are parties, that the issues in the proceedings depend on the identification or definition of any of the property, rights or liabilities transferred which the transferor and the transferee have not yet effected, or to raise a question of construction on the relevant provisions of this Act which would not arise if the transferor and the transferee constituted a single person, the court may. if it thinks fit on the application of a party to the proceedings other than the transferor and the transferee, hear and determine the proceedings on the footing that such one of the transferor and the transferee as is a party to the proceedings represents and is answerable for the other of them, and that the transferor and the transferee constitute a single person, and any judgement or order given by the court shall bind both the transferor and the transferee accordingly.

(6)In the case of any transfer to which this Schedule applies it shall be the duty of the transferor and the transferee to keep one another informed of any case where either of them may be prejudiced by sub-paragraph (4) or (5), and if either the transferor or the transferee claims that it has been so prejudiced and that the other of them ought to indemnify or make a repayment to it on that account and has unreasonably failed to meet that claim, it may refer the matter to the Secretary of State for determination by him.

Schedule 3Consequential Amendments

Part IGeneral

1A requirement to do what is necessary to inform designated persons holding office under the Crown concerning matters and things transmitted or in the course of transmission by means of telecommunication services provided by the Corporation may be laid on the Corporation for the like purposes and in the like manner as, immediately before the appointed day, a requirement could have been laid on the Post Office to do what was necessary to inform such persons concerning matters and things transmitted or in the course of transmission by means of such services provided by it.

Part IIPublic General Enactments

Enactments relating to telegraphs

2(1)References to the Post Office in—

(a)section 45 of the Telegraph Act 1863 (omission to transmit or deliver message ; improper divulging of message etc.); and

(b)section 20 of the Telegraph Act 1868 (improper disclosure or interception of message);

shall, as from the appointed day, be construed as including a reference to the Corporation.

(2)References to the Post Office in sections 8 and 9 of the Telegraph Act 1878 (destruction of, or injury to, telegraphic lines; obstruction of execution of works in connection with such lines) shall, as from the appointed day, be construed as referring to the Corporation.

3As from the appointed day, references in section 11 of the Post Office (Protection) Act 1884 (forgery and improper disclosure of telegrams) to a telegraph company within the meaning of that section shall be construed as including references to the Post Office.

4As from the appointed day, section 5(1) of the Telegraph Act 1892 (application of Acts to licensee of Post Office) shall have effect as if for the words from the beginning to "conferred on the Post Office" there were substituted the words

British Telecommunications may authorise the holder of a licence granted, or having effect as if it had been granted, under section 15(1) of the British Telecommunications Act 1981 (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 British Telecommunications.

5The reference to the Post Office in section 2(1) of the Telegraph Act 1899 (payment of expenses of exercise of powers under telephone licence) shall, as from the appointed day, be construed as referring to the Corporation.

6(1)Any such notice or counter-notice as follows, namely—

(a) a notice authorised to be given to the Corporation by any of the following provisions of the 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, etc, to take place);

(b)a notice authorised by section 24 of that Act to be given to the Corporation objecting to intended works;

(c)a notice required by section 7(1) of the Telegraph Act 1878 to be given to the Corporation 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 Telegraph (Construction) Act 1908 to be given to the Corporation objecting to the lopping of a tree ; and

(f)a notice given for the purposes of section 1(2)(d) of the Telegraph (Construction) Act 1911 to the Corporation 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 Corporation (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 sub-paragraph (1), the principal local telecommunications office of the Corporation 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 Corporation 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 Corporation 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 Corporation 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 Corporation 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 Corporation for the area in which the line to which the notice relates (or any length thereof) is situate.

Enactments relating to the supply of electricity

7As from the appointed day, references to the Post Office in the following enactments and regulations (which confer protection for its telegraphic lines and works), namely—

(a)section 26 of the Electric Lighting Act 1882 ;

(b)section 4 of the Electric Lighting Act 1888 and regulations made under that section ;

(c)sections 10, 14, 60, 69 and 79 of the Schedule to the 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 Electricity (Supply) Act 1919 ;

(e)section 25(3) of the Electricity (Supply) Act 1922 ; (f) section 9(3) of the Electricity Act 1947 ;

(g)regulations made, or having effect as if they had been made,

under section 60 of the last-mentioned Act;

(h)section 28(8) of the Electricity Act 1957 ;

(i)articles 32, 52(4) and (5) and 53 and the definition of " telegraphic line" in article 2(2) of, and paragraphs 3, 28 and 33 of Schedule 3 to, the Electricity Supply (Northern Ireland) Order 1972 ; and

(f)section 12(6) of and paragraph 5 of Schedule 3 to the Electricity (Scotland) Act 1979 ;

shall be construed as referring to the Corporation.

8As 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 Corporation included references to a government department.

9As from the appointed day, the reference to the Post Office in section 62(1)(b) of the Schedule to the Electric Lighting (Clauses) Act 1899 (service of notices) shall be construed as referring to the Corporation.

Enactments relating to statutory undertakers

10(1)The Corporation shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a)the Acquisition of Land (Authorisation Procedure) Act 1946 ;

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

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

(d)the Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the Roads (Northern Ireland) Order 1980 ;

(e)the Civil Aviation Act 1949 ;

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

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

(h)the Landlord and Tenant Act 1954 ;

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

(j)section 11 of the Land Compensation Act 1961 ;

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

(l)the Pipe-lines Act 1962 ;

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

(n)Schedules 3 and 5 to the Harbours Act 1964 ;

(o)Schedule 6 to the Gas Act 1965 ;

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

(q)the New Towns Act 1965 ;

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

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

(t)paragraph 6 of Schedule 2 to the Countryside Act 1968 ;

(u)section 22 of the Sewerage (Scotland) Act 1968 ;

(v)sections 22, 40, 48, 49, 118(2), 127, 128, 129, 149. 165(3), 181, 182, 183, 186, 192, 206(6), 213(3), 216, 223, 225 to 241, 245(7)(a), 255 and 281(6)(b) of, and Schedule 10 and paragraphs 1 to 3 of Schedule 19 to, the Town and Country Planning Act 1971 ;

(w)sections 19, 37, 45, 46, 108(2), 117, 118, 119, 138, 154(3). 170, 171, 172, 175, 181, 195(6), 202(3), 205, 205A, 212, 214 to 230, 233(7), 242, 266(6)(b) and 268(1)(b) of, and Schedules 8 and 9 and paragraphs 1 to 3 of Schedule 17 to, the Town and Country Planning (Scotland) Act 1972;

(x)section 23 of the Development Land Tax Act 1976 ; and

(y)Parts XII and XVI and section 120 of the Local Government, Planning and Land Act 1980,

subject to this exception, namely, that it shall not be so deemed for the purposes of section 230 of the Town and Country Planning Act 1971 as applied by section 13 of the Opencast Coal Act 1958.

(2)The Post Office shall cease to be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely—

(a)section 20 of the National Parks and Access to the Country side Act 1949 ;

(b)paragraph 6 of Schedule 2 to the Countryside Act 1968 ;

(c)sections 22, 210(2), 213(3) and 216 of the Town and Country Planning Act 1971 ; and

(d)sections 19, 108(2), 117, 199(2) and 202(3) of the Town and Country Planning (Scotland) Act 1972.

(3)In the definition of " statutory undertakers " contained in each of the following enactments, namely—

(a)section 50(1) of the Roads (Scotland) Act 1970 ;

(b)section 73(1) of the Control of Pollution Act 1974 ;

(c)section 10(4) of the Scottish Development Agency Act 1975 ;

(d)section 27(1) of the Welsh Development Agency Act 1975 ;

(e)section 34(1) of the Development of Rural Wales Act 1976 ;

(f)article 53(1) of the Pollution Control and Local Government (Northern Ireland) Order 1978 ;

(g)section 13(4) of the Electricity (Scotland) Act 1979 ;

(h)section 61(2) of the Ancient Monuments and Archaeological Areas Act 1979 ; and

(i)article 2(2) of the Roads (Northern Ireland) Order 1980,

the reference to the Post Office shall be construed as including a reference to the Corporation.

(4)Section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976 shall have effect as if in the definition of " statutory undertakers" for the words from " the Post Office " to " sewerage)" there were substituted the words

any public authority exercising functions by virtue of any provision of sections 14 and 15 of the Water Act 1973 (which relates to sewerage), British Telecommunications and, except in sections 1(4)(a), 3(2)(d) and 4(1) of this Act, the Post Office.

(5)In sections 144(6) and 181(9) of the Highways Act 1980 (which deem the Post Office to be statutory undertakers) references to the Post Office shall be construed as referring to the Corporation ; and in sections 20(9), 169(4), 170(3), 178(5), 254(6) and 290(9) of and paragraph 3(3) of Schedule 6 to that Act (which also deem the Post Office to be statutory undertakers) references to the Post Office shall be construed as including references to the Corporation.

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

11(1)In the following enactments, namely—

(a)the Acquisition of Land (Authorisation Procedure) Act 1946 ;

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

(c)the Civil Aviation Act 1949 ;

(d)the Pipe-lines Act 1962 ; and

(e)Schedules 3 and 5 to the Harbours Act 1964,

"the appropriate Minister" shall, in relation to the Corporation, mean the Secretary of State.

(2)In the definition of "the appropriate Minister" contained in each of the following enactments, namely—

(a)section 51(1) and (2) of the Opencast Coal Act 1958 ;

(b)section 54(1) of the New Towns Act 1965 ;

(c)section 47(1) of the New Towns (Scotland) Act 1968 ;

(d)section 224(1) of the Town and Country Planning Act 1971 : and

(e)section 213(1) of the Town and Country Planning (Scotland) Act 1972,

and in the first column of the Table set out in paragraph 56(3) of Schedule 3 to the Development of Rural Wales Act 1976, the reference to the Post Office shall be construed as including a reference to the Corporation.

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

12(1)In the following enactments, namely—

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

(b)the New Towns Act 1965 ;

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

(d)sections 149(3), 165(3) and 225 to 241 of, and Schedule 10 to, the Town and Country Planning Act 1971 ; and

(e)sections 138(3), 154(3) and 214 to 230 of, and Schedule 8 to,

the Town and Country Planning (Scotland) Act 1972, " operational land " shall, in relation to the Corporation, mean land of the Corporation of any such class as may be specified in regulations made jointly by the Secretary of State and the planning Minister 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 whatever ; and

(ii)if any question arises whether land of the Corporation falls within a class specified in regulations so made, it shall be determined by the Secretary of State.

(2)In this paragraph " the planning Minister " means the Secretary of State for the Environment in relation to England and Wales and the Secretary of State for Scotland in relation to Scotland.

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

Other enactments

13As from the appointed day, the reference to the Post Office in section 6 of the 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 its telegraphs), and any reference to it in a provisional order so made which is in force at the beginning of that day, shall be construed as referring to the Corporation.

14As from the appointed day, the reference to the Post Office in section 2(2) of Lloyd's Signal Stations Act 1888 (power of the society incorporated under the name of " Lloyd's " to enter into arrangements with the Post Office for the purpose of securing telegraphic communication between Lloyd's signal stations themselves or between those stations and the Post Office's telegraph stations) and the second reference to it in section 6 of that Act (saving for its property) shall be construed as referring to the Corporation.

15As from the appointed day, the reference to the Post Office in section 132 of the Burgh Police (Scotland) Act 1892 (erection of telegraph poles etc. in streets) shall be construed as referring to the Corporation.

16As from the appointed day, the reference to the Post Office in section 4(1)(f) of the Congested Districts (Scotland) Act 1897 shall, so far as relating to the provision of guarantees for telegraph extensions, be construed as referring to the Corporation.

17(1)For the purposes of section 2 of the Official Secrets Act 1911 membership of, or any office or employment under, the Corporation shall be deemed to be an office under Her Majesty, and a contract with the Corporation 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 Corporation shall be a prohibited place for the purposes of that Act.

(2)Section 5 of the Official Secrets Act 1920 shall not apply to the Corporation; and, as from the appointed day, the reference in subsection (6) of that section to the Post Office shall be construed as including a reference to the Corporation.

18As from the appointed day, references in section 24 of the Bankruptcy Act 1914 (re-direction of debtor's letters, telegrams etc.) to the Post Office shall be construed as including references to the Corporation.

19As from the appointed day, the reference to the Post Office in section 194(4) of the Law of Property Act 1925 (which contains a saving for its telegraphic lines) shall be construed as referring to the Corporation.

20As from the appointed day, the reference to the Post Office in section 5(9) of the Roads Improvement Act 1925 (prescription of building lines) shall be construed as referring to the Corporation.

21As from the appointed day, the reference in section 10 of the Public Health Act 1925 (Crown rights) to works or apparatus belonging to the Post Office shall be construed as referring to works or apparatus belonging to the Corporation.

22As from the appointed day, the reference to the Post Office in section 23(2) of the Restriction of Ribbon Development Act 1935 (saving for the Post Office) shall be construed as referring to the Corporation.

23(1)As from the appointed day, the Corporation shall be deemed to be public utility undertakers and its undertaking a public utility undertaking for the purposes of the provisions of the Civil Defence Act 1939.

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

24(1)As from the appointed day, references to the Post Office in sections 4, 5(3) and 70 of Schedule 3 to the Water Act 1945 (which contain savings for its telegraphic lines) shall be construed as referring to the Corporation.

(2)The reference in sub-paragraph (1) to the said Schedule 3 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.

25As from the appointed day, references to the Post Office in section 24 of the Requisitioned Land and War Works Act 1945 (power of owners, etc., 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 Corporation.

26As from the appointed day, the reference to the Post Office in paragraph 6(1) of the Schedule to the Requisitioned Land and War Works Act 1948 (which paragraph contains a saving for its telegraphic lines) shall be construed as referring to the Corporation.

27(1)Section 41 (Crown rights) of the Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the Roads (Northern Ireland) Order 1980 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)The reference to the Post Office in subsection (1) shall be construed as including a reference to the Corporation.

(3)References to the Post Office in subsection (2) shall be construed as referring to the Corporation.

28(1)The Special Roads Act 1949 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)The reference to the Post Office in section 20(1) (saving for its powers) shall be construed as referring to the Corporation.

(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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

(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 Post Office there were substituted a reference to the Corporation. 29 As from the appointed day, section 28(4)(c) of the Civil Aviation Act 1949 (which modifies the application of Schedule 1 to the 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 Corporation were electricity undertakers.

30As from the appointed day, the reference in section 47(6) (savings) of the Coast Protection Act 1949 to the Post Office shall be construed as referring to the Corporation.

31As from the appointed day, section 1(2) of the War Damaged Sites Act 1949 (which precludes a local authority from taking possession compulsorily of any such land as is specified in sect on (2) o the Acquisition of Land (Authorisation Procedure) Act 1946)I hall have effect as if the reference to such land included a reference to land acquired by the Corporation for the purposes of its undertaking.

32As from the appointed day, references in section 6 of the Local Government (Miscellaneous Provisions) Act 1953 (supplementary provisions as to omnibus shelters, etc.) to the Post Office shall be construed as referring to the Corporation.

33(1)Where the alteration of a telegraphic line of the Corporation 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 Housing Act 1957, paragraphs (1) to (8) of section 7 of the 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 said Act of 1957 that comes into operation on or after the appointed day, a public right of way over land is extinguished and, at the beginning of 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 Corporation, the Corporation 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 said Act of 1957, the expression " apparatus " shall, in relation to the Corporation, 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.

34As from the appointed day, references in subsections (1) and (4) of section 5 of the Milford Haven Conservancy Act 1958 (powers with respect to dredging, etc.) to a submarine cable placed or main-tamed by the Post Office shall be construed as including references to such a cable placed or maintained by the Corporation, and the second reference in the said subsection (4) to the Post Office shall be construed as referring to the Corporation.

35As from the appointed day, the references to the Post Office in paragraph 3 of Schedule 2 to the Land Drainage (Scotland) Act 1958 (saving for telegraphic lines) shall be construed as referring to the Corporation.

36As from the appointed day, section 3 of the Local Government Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (access to telegraphic lines etc.)shall have effect as if for the words "Post Office there were substituted the words "British Telecommunications

37(1)As from the appointed day, references in section 45(1) and (2) of the Opencast Coal Act 1958 (provisions as to telegraphic lines) to the Post Office shall be construed as referring to the Corporation.

(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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

38As from the appointed day, references to the Post Office in paragraph 2 of Schedule 1 and paragraph 3(1)(e) of Schedule 2 to the Flood Prevention (Scotland) Act 1961 (saving for telegraphic lines) shall be construed as referring to the Corporation.

39As from the appointed day, Schedule 4 to the 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 British TelecommunicationsThe Secretary of State

40As from the appointed day, the reference to the Post Office in section 40(1) of the Pipe-lines Act 1962 (avoidance of interference with telegraphic etc. lines) shall be construed as referring to the Corporation.

41(1)No order made on or after the appointed day under section 67 of the 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 Telegraph Act 1878) of the Corporation.

(2)As from the appointed day, the reference to the Post Office in section 130 of the said Act of 1963 (which makes provision with respect to alterations of telegraphic lines of the Post Office 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 Corporation.

42As from the appointed day, the reference in section 1(4) of the Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the Corporation.

43(1)Where, on or after the appointed day, the Secretary of State makes an order under section 23 of the 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 Corporation.

(2)As from the appointed day, section 24(1) of the said Act of 1965 (which makes provision as to telegraphic lines of the Post Office) shall have effect as if—

(a)the reference which includes a reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation ;

(b)for the words " the Post Office ", in all places where they occur, there were substituted the words

British Telecommunications; and

(c)in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, for the word " it" in paragraphs (a) and (c) there were substituted the words

the Post Office or British Telecommunications.

(3)As from the appointed day, section 26 of the said Act of 1965 (extinguishment of rights of way and rights as to apparatus of statutory undertakers) shall, so far as regards a right of the Corporation 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 Telegraph Act 1878.

44Where, on or after the appointed day, the Department of the Environment for Northern Ireland approves an order made under section 25 of the New Towns Act (Northern Ireland) 1965 (extinguishment of public rights of way over land acquired), that Department shall send a copy thereof to the Corporation.

45As from the appointed day, the Schedule to the 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 Corporation.

46As from the appointed day, Schedule 2 to the Industrial Development Act 1966 (which specifies bodies not eligible for certain grants under Part I of that Act) shall have effect as if the Corporation were included amongst the bodies therein specified and Schedule 1 to the Industrial Investment (General Assistance) Act (Northern Ireland) 1966 shall have similar effect.

47(1)Where the alteration of a telegraphic line of the Corporation 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 Housing (Scotland) Act 1966 or Part II of the Housing (Scotland) Act 1974, 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 local authority.

(2)Where, in pursuance of an order under section 33 of the said Act of 1974 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, at the beginning of 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 Corporation, the Corporation 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 33(4) of the said Act of 1974, the expression " apparatus " shall, in relation to the Corporation, be construed generally and shall not be limited by the definition thereof in section 208(1) of the said Act of 1966.

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

48As from the appointed day, section 38(7) of the 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 Post Office there were substituted a reference to the Corporation, and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

49(1)Where, on or after the appointed day, the Secretary of State makes an order under section 23 of the 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 Corporation.

(2)As from the appointed day, section 24(1) of the said Act of 1968 (which makes provision as to telegraphic lines of the Post Office) shall have effect as if—

(a)the reference which includes a reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation ;

(b)for the words "the Post Office", in all places where they occur, there were substituted the words

British Telecommunications; and

(c)in relation to any such period mentioned in paragraph (a) as begins to run before, and is current on, the appointed day, for the word "it" in paragraphs (a) and (c) there were substituted the words

the Post Office or British Telecommunications.

(3)As from the appointed day, section 26 of the said Act of 1968 (extinguishment of rights of way, and rights as to apparatus, of statutory undertakers) shall, so far as regards a right of the Corporation with respect to a telegraphic line and so far as regards a telegraphic line of the Corporation, 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 Telegraph Act 1878.

50As from the appointed day, the Corporation shall be deemed to be a public utility undertaking for the purposes of section 1 of the Local Government and Roads Act (Northern Ireland) 1968.

51(1)Section 7(2) of the 1969 Act (powers of the Post Office) shall have effect as if for the words " the foregoing subsection", in both places where they occur, there were substituted the words

subsection (1) above.

(2)As from the appointed day, section 29(1 )(c) of the 1969 Act (exclusion of liability in relation to telecommunications) shall have effect as if for the word " telecommunication", in both places where it occurs, there were substituted the word " telepostœ .

(3)As from the appointed day, section 37(1) of the 1969 Act (1oans by the Secretary of State to the Post Office) shall have effect as if for the words " section 35(1) or (2) of this Act " there were substituted the words

section 73(1) or (2) of the British Telecommunications Act 1981.

(4)Section 52(4) of the 1969 Act (rating in England and Wales) shall have effect as if for the words from " rateable value " to the end there were substituted the words

value which, by virtue of an order under this section or section 19 of the Local Government Act 1974, is shown in a list as the rateable value of any hereditament occupied by the Post Office by any such property as is mentioned in paragraph 5 of Schedule 3 to that Act.

(5)As from the appointed day, section 69(3) of the 1969 Act shall have effect as if for the words " conclusive evidence " there were substituted the words

evidence (and, in Scotland, sufficient evidence).

(6)As from the appointed day, section 80 of the 1969 Act (provision of information to persons holding office under the Crown) shall, except in its application to the Isle of Man and the Channel Islands, have effect as if for the word " telecommunication " there were substituted the word

telepost.

(7)Section 86 of the 1969 Act (interpretation of Part III) shall have effect—

(a)as from the appointed day, as if in subsection (1) in the definition of "accounting year" after the word "means" there were inserted the words

subject to section 75(5) of the British Telecommunications Act 1981; and

(b)as if in subsection (4) for the words "section 7(1)(d)" there were substituted the words

section 7(1 )(d) or (f)

and as from the appointed day, as if for the words so substituted there were substituted the words

section 7(1)(c), (d), (e) or (f).

(8)Section 87(1) of the 1969 Act (power of Her Majesty in Council to make necessary provision if the Post Office surrenders privileges as regards the Isle of Man or the Channel Islands) shall have effect as if for the words " section 3 of the Post Office Act 1953 " there were substituted the words

section 66(1) of the British Telecommunications Act 1981

and for the words " the said section 3 ", in both places where they occur, there were substituted the words

the said section 66(1).

(9)As from the appointed day, the reference to the Post Office in section 89(4) of the 1969 Act (1icensing of distribution systems) shall be construed as referring to the Corporation.

(10)Schedule 1 to the 1969 Act shall have effect as if paragraphs 2(2) and 4(2) (1aying before Parliament of statements concerning the terms of appointment of members of the Post Office) and paragraph 11(2), (3) and (5) (provision of information to the Secretary of State concerning the establishment of machinery for negotiation etc. and of information to participants in connection with its operation) were omitted.

(11)Paragraph 93(1) of Schedule 4 to the 1969 Act (Post Office as statutory undertakers for the purposes of certain enactments) shall have effect as if for head (viii) there were substituted the following head—

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

52As from the appointed day, the reference to the Post Office in section 26(4) of the Harbours Act (Northern Ireland) 1970 (exclusion of land owned or occupied by or on behalf of the Post Office from vesting orders under that section) shall be construed as including a reference to the Corporation.

53(1)The Town and Country Planning Act 1971 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)Section 220(1) (which makes provision as to telegraphic lines of the Post Office) 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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

(3)Section 220(2) shall, in relation to an order coming into force after the appointed day, have effect as if for the reference to the Post Office there were substituted a reference to the Corporation.

(4)Section 220(3) shall have effect as if the first reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office ", in all places (except the first and third) where they occur, there were substituted the words

British Telecommunicationsand 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 Post Office " (where secondly occurring in that paragraph) there were inserted the words

or British Telecommunications

and for the word " it " in paragraph (c) there were substituted the words

the Post Office or British Telecommunications;

(b)in relation to any such period so mentioned as begins to run on or after the appointed day, for the words "the Post Office " (where secondly occurring in paragraph (a)) there were substituted the words

British Telecommunications.

(5)Section 220(3) shall also have effect as if—

(a)for the words from " an order " to " local authority ", in the first place where they occur, there were substituted the words

an order to which this subsection applies is made;

(b)after the words "section 215(1) of" there were inserted the words " or, as the case may be, paragraph 1 of Schedule 20 to

(c)after the word " extinguished" there were inserted the words

or authorised to be stopped up or diverted;

(d)for the words " local authority ", in all places (except the first) where they occur, there were substituted the word

authority; and

(e)immediately before that subsection there were inserted the following subsection—

(2A)Subsection (3) of this section applies—

(a)to any order made by or on the application of a local authority under section 214(1) of this Act extinguishing a public right of way ; and

(b)to any order made by a competent authority under section 210 of this Act authorising the stopping up or diversion of a footpath or bridleway;

and in this subsection ' competent authority' has the same meaning as in the said section 210.

(6)Section 220(4) shall have effect as if for the reference to the Post Office there were substituted a reference to the Corporation and for the words from

an order

to "the Secretary of State" there were substituted the words

an order to which subsection (3) of this section applies, the person by whom the order was made.

(7)Section 223(1) (cases in which land is not to be treated as operational land) shall, in relation to the Corporation, have effect with the substitution for the reference to section 222 of a reference to paragraph 12(1).

(8)Section 223 shall not apply to land in the case of which an interest there in , having vested in the Post Office by virtue of the 1969 Act, vests in the Corporation by virtue of this Act

(9)The reference to the Post Office in paragraph 83 of Schedule 24 shall be construed as referring to the Corporation.

54(1)The Town and Country Planning (Scotland) Act 1972 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)Section 209(1) (which makes provision as to telegraphic lines of the Post Office) 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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

(3)Section 209(2) shall, in relation to an order coming into force after the appointed day, have effect as if for the reference to the Post Office there were substituted a reference to the Corporation.

(4)Section 209(3) shall have effect as if the first reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office ", in all places (except the first and third) where they occur, there were substituted the words

British Telecommunicationsand 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 Post Office " (where secondly occurring in that paragraph) there were inserted the words

or British Telecommunications

and for the word " it" in paragraph (c) there were substituted the words

the Post Office or British Telecommunications;

(b)in relation to any such period so mentioned as begins to run on or after the appointed day, for the words " the Post Office " (where secondly occurring in paragraph (a)) there were substituted the words

British Telecommunications.

(5)Section 209(3) shall also have effect as if—

(a)after the word "section" where it first occurs there were inserted the words

199 of this Act authorising the stopping up or diversion of any footpath or bridleway is made by a planning authority or an order under section;

(b)in paragraph (a) after the words " which the " there were inserted the words

footpath or bridleway is stopped up or diverted or as the case may be the

and for the words " local authority" there were substituted the words

authority which made the order;

(c)in paragraph (b), for the words from " to the " to " months " there were substituted the words

not later than the end of the said period of three months to the authority which made the order; and

(d)in each of paragraphs (d) and (e), for the words "local authority" there were substituted the words

authority which made the order.

(6)Section 209(4) shall have effect as if for the reference to the Post Office there were substituted a reference to the Corporation and for the words from

under

to " local authority " there were substituted the words

to which subsection (3) of this section applies, the authority which made the order.

(7)Section 212(1) (cases in which land is not to be treated as operational land) shall, in relation to the Corporation, have effect with the substitution for the reference to section 211 of a reference to paragraph 12(1).

(8)Section 212 shall not apply to land in the case of which an interest therein, having vested in the Post Office by virtue of the 1969 Act, vests in the Corporation by virtue of this Act.

(9)The reference to the Post Office in paragraph 70 of Schedule 22 shall be construed as referring to the Corporation.

55(1)The Planning (Northern Ireland) Order 1972 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)The reference to the Post Office in the definition of " statutory undertaker " in article 2(2) shall be construed as including a reference to the Corporation.

(3)The reference to the Post Office in article 80(2) (service of certain notices and draft orders) shall be construed as referring to the Corporation.

(4)Article 81(1) (which makes provision as to telegraphic lines of the Post Office) 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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, as if for each reference to the Post Office there were substituted a reference to the Corporation.

(5)Article 81(3) shall have effect as if for the words "Post Office removes " there were substituted the words

Post Office has removed, or British Telecommunications removes as if for the word

serves " there were substituted the words

British Telecommunications serves

and as if for the words " the Post Office ", in the second and third places where they occur, there were substituted the words

British Telecommunications.

(6)The reference to the Post Office in paragraph 12(3) of Schedule 5 shall be construed as referring to the Corporation.

56(1)As from the appointed day, the reference to the Post Office in section 3(1)(c) of the Independent Broadcasting Authority Act 1973 (arrangements for broadcast relay stations) shall be construed as referring to the Corporation.

(2)As from the appointed day, section 3(7) of the said Act of 1973 (saving for licences) shall have effect as if for the words "section 27 of the Post Office Act 1969" there were substituted the words "section 15 of the British telecommunications act 1981".

57(1)As from the appointed day, references to the Post Office in sections 11(3) and 19(1) of the Northern Ireland Constitution Act 1973 (agency arrangements and discrimination by public authorities) shall be construed as including references to the Corporation.

(2)As from the appointed day, Schedule 3 to the said Act of 1973 (reserved matters) shall have effect as if—

(a)the words " telecommunications and" were omitted from paragraph 13 of that Schedule; and

(b)after the said paragraph 13 there were inserted the following paragraph—

13ATelecommunications.

58As from the appointed day, Schedule 5 to the Fair Trading Act 1973 (restriction on references) shall have effect as if—

(a)in paragraph 7 for the reference to paragraphs (a) to (d) of section 24(1) of the 1969 Act there were substituted a reference to paragraphs (a) to (d) of section 12(1); and

(b)in the second column of paragraph 8 for the reference to the Post Office there were substituted a reference to the Corporation.

59As from the appointed day, references to the Post Office in paragraph 3 of Schedule 9 to the Drainage (Northern Ireland) Order 1973 (saving for telegraphic lines of the Post Office) shall be construed as referring to the Corporation.

60As from the appointed day, the reference to the Post Office in section 16(6) of the Consumer Credit Act 1974 (which exempts certain agreements from regulation by that Act) shall be construed as referring to the Corporation.

61As from the appointed day, references to the Post Office in section 136(2) of the Social Security Act 1975 (issue out of the National Insurance Fund to the Post Office of sums which, but for certain arrangements, would have been paid out of that Fund by way of benefit) shall be construed as including references to the Corporation.

62As from the appointed day, references to the Post Office in section 130(2) of the Social Security (Northern Ireland) Act 1975 (issue out of the Northern Ireland National Insurance Fund to the Post Office of sums which, but for certain arrangements, would have been paid out of that Fund by way of benefit) shall be construed as including references to the Corporation.

63As from the date on which the Treasury first exercise the power conferred on them by section 79(1), Part III of Schedule 1 to the House of Commons Disqualification Act 1975 and Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (which specify certain offices all holders of which are disqualified under those Acts) shall each have effect as if at the end of the entry relating to directors of Cable and Wireless Limited there were inserted the words

nominated by a Minister of the Crown or Government department.

64As from the appointed day, the reference to the Post Office in section 10(8) of the Scottish Development Agency Act 1975 (saving for powers and duties under the Telegraph Acts) shall be construed as referring to the Corporation.

65As from the appointed day, references to the Post Office in section 20 of the Airports Authority Act 1975 (provisions as to telegraphic lines) shall be construed as referring to the Corporation.

66As from the appointed day, the reference to the Post Office in section 9(2)(d) of the Fair Employment (Northern Ireland) Act 1976 (publication of names of equal opportunity employers) shall be construed as including a reference to the Corporation.

67(1)As from the appointed day, section 32(2) of the Land Drainage Act 1976 (saving for exclusive privilege) shall have effect as if for the words "the Post Office by section 24(1) of the Post Office Act 1969 " there were substituted the words

British Telecommunications by section 12(1) of the British Telecommunications Act 1981.

(2)As from the appointed day, references to the Post Office in sections 23(4) and 112(2) of the said Act of 1976 (protection of nationalised undertakings) shall be construed as including references to the Corporation.

68(1)The Development of Rural Wales Act 1976 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)The reference to the Post Office in paragraph 38(7) of Schedule 3 (extinguishment of public rights of way) shall be construed as including a reference to the Corporation.

(3)Paragraph 39(1) of that Schedule (which makes provision as to telegraphic lines of the Post Office) shall have effect as if the first reference to a telegraphic line belonging to, or used by, tie Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office ", in all places (except the first, third and sixth) where they occur, there were substituted the words

British Telecommunicationsand 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 Post Office" (where secondly occurring in paragraphs (a) and (c)) there were inserted the words

or British Telecommunications;

(b)in relation to any such period so mentioned as begins to run on or after the appointed day, for the words "the Post Office (where secondly occuring in paragraphs (a) and (c)) there were substituted the words " British Telecommunications .

69As from the appointed day, the reference to the Post Office in article 29(2) of the Gas (Northern Ireland) Order 1977 (saving for telegraphic lines of Post Office) shall be construed as referring to the Corporation.

70As from the appointed day, article 50(1)(a)(iii) of, and paragraph 1 of Part III of Schedule 16 to, the Rates (Northern Ireland) Order 1977 (rating in Northern Ireland) shall have effect as if for the words "section 54 of the Post Office Act 1969" there were substituted the words

section 37 of the British Telecommunications Act 1981.

71(1)As from the appointed day, references to the Post Office in paragraphs 4, 5(3) and 36 of Schedule 4 to the Water (Scotland) Act 1980 (protection of telegraphic lines from interference) shall be construed as referring to the Corporation.

(2)The reference in sub-paragraph (1) to the said Schedule 4 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.

72As from the appointed day, references to the Post Office in section 2(2) of and Part I of Schedule 1 to the Overseas Development and Co-operation 1980 shall be construed as including a reference to the Corporation.

73(1)The Local Government, Planning and Land Act 1980 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)The reference to the Post Office in Schedule 16 (bodies to whom Part)( applies) shall be construed as including a reference to the Corporation.

(3)Paragraph 13 of Schedule 28 (which makes provision as to telegraphic" lines of the Post Office) shall have effect as if the first reference to a telegraphic line belonging to or used by the Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office ", in all places (except the first and third) where they occur, there were substituted the words

British Telecommunicationsand 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 Post Office " (where secondly occurring in paragraph (a)) there were inserted the words

or British Telecommunications

and for the word "it" in paragraph (c) there were substituted the words

the Post Office or British Telecommunications;

(b)in relation to any such period so mentioned as begins to run on or after the appointed day, for the words " the Post Office " (where secondly occurring in paragraph (a)) there were substituted the words

British Telecommunications.

(4)The references to the Post Office in paragraph 14(7) of that Schedule shall be construed as referring to the Corporation.

74(1)The Highways Act 1980 shall, as from the appointed day, be amended in accordance with the following sub-paragraphs.

(2)References to the Post Office in sections 35, 142(5), 157(9), 177 and 181(7) (protection for apparatus) shall be construed as referring to the Corporation ; and the reference to the Post Office in section 174(5) shall be construed as including a reference to the Corporation.

(3)The references to the Post Office in section 334(1) (savings for the Post Office) shall be construed as referring to the Corporation.

(4)Section 334(2) shall, in relation to a conveyance on or after the appointed day or an order coming into force on or after that day, have effect as if for the reference to the Post Office there were substituted a reference to the Corporation and for the words

the date

there were substituted the words

at the beginning of the day.

(5)The reference to the Post Office in section 334(3) shall be construed as referring to the Corporation.

(6)Section 334(4) shall have effect as if the first reference to a telegraphic line belonging to, or used by, the Post Office included a reference to such a line of the Corporation, as if for the words " the Post Office", in all places (except the first and third) where they occur, there were substituted the words

British Telecommunicationsand 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 Post Office " (where secondly occurring in that paragraph) and for the word " they " in paragraph (b) there were substituted the words

the Post Office or British Telecommunications;

(b)in relation to any such period so mentioned as begins to run on or after that day, for the words " the Post Office " (where secondly occurring in paragraph (a)) there were substituted the words

British Telecommunications.

(7)The reference in section 334(5) to the Post Office shall be construed as referring to the Corporation.

(8)Section 334(6) and (7) shall, in relation to an order coming into force on or after the appointed day, have effect as if for the references to the Post Office there were substituted references to the Corporation and for the words

immediately before the date,

in both places where they occur, there were substituted the words

at the beginning of the day.

(9)Section 334(10) 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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, have effect as if for each reference to the Post Office there were substituted a reference to the Corporation.

75(1)As from the appointed day, references to the Post Office in paragraph 1 of Schedule 7 to the Roads (Northern Ireland) Order 1980 (saving for telegraphic lines of the Post Office) shall be construed as mcludmg references to the Corporation.

(2)As from the appointed day, paragraph 2 of Schedule 7 to that Order 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 Post Office there were substituted a reference to the Corporation and, in relation to an order coming into force after that day, as if for each reference to the Post Office there were substituted a reference to the Corporation.

76(1)Where the alteration of a telegraphic fine of the Corporation is reasonably necessary for the purposes of enabling the Northern Ireland Housing Executive to exercise any of the powers conferred on it by Chapter H, III or V of Part III of the Housing (Northern Ireland) Order 1981, 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 Northern Ireland Housing Executive.

(2)Where, in pursuance of an order under section 25 of the New Towns Act (Northern Ireland) 1965 or article 51 of the said Order of 1980 that comes into operation on or after the appointed day, a public right of way over land is extinguished and, at the beginning of 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 Corporation, the Corporation 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 " telegraphic line " and " alteration " have the same meanings as in the Telegraph Act 1878.

Part IIILocal Enactments and Subordinate Legislation

77(1)As from the appointed day, the enactments specified in the following Table (which penalise the use of public telephone 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) shall have effect as if—

(a)for any reference to a call box of the Post Office telephone service there were substituted a reference to a call box of the Corporation's telephone service ;

(b)for any reference to a telephone call box provided by the Post Office there were substituted a reference to a telephone call box provided by the Corporation ; and

(c)for any reference to a Post Office telephone call box there were substituted a reference to a Corporation telephone call box.

TABLE
1937 c. lxxx.Section 83(2) of the Rotherham Corporation Act 1937.
1938 c. liv.Section 176(2) of the Redcar Corporation Act 1938.
1938 c. lviSection 167(2) of the Swinton and Pendlebury Corporation Act 1938.
1938 c. lxiii.Section 211(2) of the Clacton Urban District Council Act 1938.
1939 c. lxv.Section 89(2) of the Tiverton Corporation Act 1939.
1939 c. lxxxvii.Section 110(2) of the Macclesfield Corporation Act 1939.
1940 c. xxx.Section 101(2) of the Christchurch Corporation Act 1940.
1947 c. xlv.Section 154(2) of the Preston Corporation Act 1947.
1948 c. xxxviii.Section 71(2) of the Brighton Corporation Act 1948.
1948 c. xli.Section 173(2) of the Ipswich Corporation Act 1948.
1949 c. li.Section 89(2) of the Barnsley Corporation Act 1949.
1951 c. xliv.Section 178(2) of the Worcester Corporation Act 1951.
1951 c. xlv.Section 89(2) of the Nottinghamshire County Council Act 1951.
1953 c.xli.Section 85(2) of the Berkshire County Council Act 1953.
1956 c. xl.Section 97(2) of the Gloucestershire County Council Act 1956.
1956 c. xlix.Section 96(2) of the Leicester Corporation Act 1956.
1958 c. vi.Section 60(2) of the Kent County Council Act 1958.
1960 c. xliii.Section 70(2) of the Southampton Corporation Act 1960.
1960 c. xlix.Section 41(2) of the Hertfordshire County Council Act 1960.
1960 c. lii.Section 60(2) of the Oldham Corporation Act 1960.
1961 c. xlv.Section 30(3) of the Devon County Council Act 1961.
1962 c. xxvi.Section 10(2) of the Grimsby Corporation Act 1962.
1963 c. xxxvii.Section 44(2) of the Durham County Council Act 1963.
1966 c. xv.Section 29(2) of the Exeter Corporation Act 1966.
1970 c. xxiv.Section 14(2) of the Huntingdon and Peterborough County Council Act 1970.
1971 c. xv.Section 107(2) of the Teesside Corporation (General Powers) Act 1971.
1971 c. xxxvi.Section 63(2) of the Surrey County Council Act 1971.
1971 c. 1.Section 44(2) of the Stockport Corporation Act 1971.
1971 c. lx.Section 61(2) of the Torbay Corporation (No. 2) Act 1971.
1971 c. lxiii.Section 66(2) of the Oxfordshire County Council Act 1971.

(2)Any enactment contained in a local Act which is not specified in the above Table but is similar to any enactment so specified shall, as from the appointed day, have effect subject to the like amendment as is made by paragraph (a), (b) or (c) of sub-paragraph (1), as the case may require.

78(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 IX of the Highways Act 1980 (except sections 156, 157 and 159), shall affect any powers of the Corporation under the enactments relating to telegraphs or apply to any telegraphic lines placed or maintained by the Postmaster General, the Post Office or the Corporation by virtue of those enactments.

(2)In this paragraph, " special enactment" has the same meaning as in the Highways Act 1980.

79(1)As from the appointed day, subsections (2) and (3) of section 59 of the Metropolitan Water Board (Various Powers) Act 1907 (which empower the Post Office 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 Corporation the like rights and liabilities as are, immediately before that day, conferred and imposed on the Post Office and so as to render it subject to the like restrictions as those to which it is subject by virtue thereof immediately before that day ; and anything done by or to the Post Office under those subsections before that day shall, as from that day, be treated as having been done by or to the Corporation.

(2)As from the appointed day, the reference to the Post Office in subsection (4) of the said section 59 (saving for its rights in relation to the Lee Navigation) and the reference to it in the proviso to section 11 of the Metropolitan Water Board Act 1915 (which saves its rights under, amongst other enactments, the said Act of 1907) shall be construed as referring to the Corporation.

80Subsection (3) of section 77 of the 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, or having effect as if granted, under section 27 of the 1969 Act by the Post Office to the said Corporation permitting that Corporation to provide telephonic services) shall, as from the appointed day, have effect as if, for the reference to such a licence, there were substituted a reference to a licence so permitting granted, or having effect as if granted, under section 15 by the Corporation ; 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.

81A benefit conferred on the Post Office 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 its consent or agreement, be exercisable in relation to land specified or described in that provision shall, as from the appointed day, also enure for the benefit of the Corporation.

82(1)As from the appointed day, a provision to which this paragraph applies which refers to the rights or powers of the Post Office under a provision of an enactment relating to telegraphs or to the exclusive privilege conferred on it by section 24 of the 1969 Act shall have effect with the substitution—

(a)for any reference to the Post Office of a reference to the Corporation; and

(b)for any reference to the said section 24 of a reference to section 12(1).

(2)A provision to which this paragraph applies that operates to afford protection to, or confer a benefit on, the Post Office with reference to, or to accommodation for, telegraphic lines of it or used by it or to communication by means of telegraphic lines of it or used by it, 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 Corporation with reference to, or to accommodation for, telegraphic lines of it or used by it or, as the case may be, to communication by means of telegraphic lines of it 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 Post Office is subject (references to the Corporation being, accordingly, substituted where necessary for references to the Post Office); 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 Post Office shall be treated, for the purposes of that provision, as having been done by or to the Corporation.

(3)A provision to which this paragraph applies that operates to permit vehicles in the service of, or employed by, the Post Office 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 as if any reference to the Post Office included a reference to the Corporation.

(4)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).

(5)In this paragraph, " telegraphic line " means anything falling within the definition of that expression in the Telegraph Act 1878.

83Nothing 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 12(1).

84As from the appointed day, article 7 of the Visiting Forces and International Headquarters (Application of Law) Order 1965 (which empowers the making, by agreement, of exceptions from, among other things, the exclusive privilege of the Post Office with respect to telecommunication) shall have effect as if for the words " section 24(1) of the Post Office Act 1969, and the prohibition imposed by section 89 of that Act" in paragraph (b) there were substituted the words

section 12(1) of the British Telecommunications Act 1981. and the prohibition imposed by section 89 of the Post Office Act 1969.

Schedule 4General Transitional Provisions

1Except as otherwise provided by any provision of this Act (whether expressly or by necessary implication), any statutory provision, any agreement and any provision in a document other than an agreement (not being a provision or agreement to which paragraph 8 or 9 of Schedule 2 applies) shall, so far as may be necessary in consequence of the enactment of this Act, have effect as from the appointed day as if—

(a)references to the Post Office (except in cases where they fall to be adapted by the following provisions of this paragraph) were (or, if the context so requires, included) references to the Corporation;

(b)references in general terms (however worded) to persons employed by, persons engaged in the business of, or agents of, the Post Office were (or, if the context so requires, included) references to persons employed by, persons engaged in the business of, or agents of, the Corporation;

(c)references (whether express or implied and, if express how ever worded) to a person employed by, or engaged in the business of, the Post Office and holding a specified office or serving in a specified capacity were (or, if the context so requires, included) references to a person employed by, or engaged in the business of, the Corporation who corresponds, as nearly as may be, to the first-mentioned person ;

(d)references (whether express or implied and, if express, however worded) to property of the Post Office were (or, if the context so requires, included) references to property of the Corporation and references (whether express or implied and, if express, however worded) to land or premises occupied by the Post Office were (or if the context so requires, included) references to land or premises occupied by the Corporation.

2A direction given by the Secretary of State to the Post Office under section 11 of the 1969 Act which is effective on the appointed day and relates to functions conferred on the Corporation by this Act shall, so far as so relating, have effect as from that day as if given to the Corporation under section 6.

3(1)Subsections (1) and (2) of section 7 shall have effect in relation to the first accounting year of the Corporation as if—

(a)the three accounting years of the Post Office immediately preceding that year had been accounting years of the Corporation; and

(b)things of any kind which during those years or that year were constructed, manufactured or produced for the corresponding purpose by the Post Office had been constructed, manufactured or produced for the relevant purpose by the group;

and those subsections shall have similar effect, so far as may be necessary, in relation to the second, third and fourth accounting years of the Corporation.

(2)In this paragraph— " the corresponding purpose " means the purpose of use by the Post Office, or supply by the Post Office to outside persons for use by such persons—

(a)in connection with, or in the construction, manufacture or production of articles for use in connection with, telecommunication services by whomsoever provided ;

(b)for, or in the construction, manufacture or production of articles for use for, the provision of telecommunication services ; or

(c)in connection with other services provided by the Post Office;

" the group" and " the relevant purpose" have the same meanings as in section 7.

4An approval given by the Secretary of State to the Post Office under section 13(2) of the 1969 Act which is effective on the appointed day and relates to activities which the Corporation proposes to carry on shall, so far as so relating, have effect, as from that day, as if given to the Corporation under section 8.

5Section 13(4) shall have effect as if any apparatus which is comprised in a telecommunication system and was supplied before the appointed day by the Post Office had been supplied on that day by the Corporation.

6(1)A licence granted, or having effect as if granted, by the Post Office under section 27(1) of the 1969 Act which is effective on the appointed day shall, as from that day, have effect as if granted by the Corporation under section 15(1).

(2)A licence falling within sub-paragraph (1) may be revoked by the Secretary of State notwithstanding anything in the licence.

7(1)A scheme made by the Post Office under section 28 of the 1969 Act which is effective on the appointed day and relates to services which, by virtue of this Act, are to be provided by the Corporation shall, so far as so relating, have effect, as from that day, as if made by the Corporation under section 21.

(2)Any charges fixed under any such scheme, so far as so relating, shall have effect as if fixed under a scheme made under section 21.

(3)A scheme made under section 21 which is to come into effect on the appointed day may revoke or amend any such scheme as is mentioned in sub-paragraph (1).

8(1)Section 22(2) shall have effect as if any application for the inclusion of a special entry in a telecommunication directory acceded to by the Post Office before the appointed day in pursuance of a scheme made under section 28 of the 1969 Act, being an application in the case of which the Post Office's accession is effective on that day, had been acceded to by the Corporation on that day in pursuance of a scheme made under section 21.

(2)In this paragraph " special entry" and " telecommunication directory " have the same meanings as in section 22.

9(1)Sections 26(3), 27(2), 73(3) and 74(2) shall have effect as if—

(a)any money borrowed by the Post Office the liability to repay which is transferred to the Corporation by this Act were money borrowed by the Corporation and not by the Post Office;

(b)any sums issued by the Treasury in fulfilment of a guarantee under section 38 of the 1969 Act, being sums the liability to repay which is so transferred, were sums issued by the Treasury in fulfilment of a guarantee under section 29 and not a guarantee under the said section 38 ; and

(c)so much of the debt assumed by the Post Office under section 33 of the 1969 Act as is so transferred (in this paragraph referred to as " the Corporation's assumed debt") were money borrowed by the Corporation and not part of the debt assumed by the Post Office.

(2)A guarantee given by the Treasury under section 38 of the 1969 Act which is effective on the appointed day and relates to money borrowed by the Post Office the liability to repay which is transferred to the Corporation by this Act shall, so far as so relating, have effect, as from that day, as if given by the Treasury under section 29.

(3)The rate of interest on the Corporation's assumed debt and the date from which interest is to begin to accrue, the arrangements for paying off the principal of the said debt and the other terms of the said debt shall be such as the Secretary of State, with the approval of the Treasury, may from time to time determine; and different rates and dates may be determined under this sub-paragraph with respect to different portions of the said debt.

(4)The Secretary of State shall give notice in writing to the Corporation of any determination under sub-paragraph (3).

(5)Any sums received by the Secretary of State by way of interest on, or repayment of, the Corporation's assumed debt shall be paid into the National Loans Fund.

10An authorisation given, or having effect as if given, by the Post Office under section 61 of the 1953 Act which is effective on the appointed day and relates to property transferred to the Corporation by this Act shall so far as so relating have effect as from that day as if given by the Corporation under section 46.

11(1)A certificate given by the Post Office under section 69 of the 1969 Act which is effective on the appointed day and relates to sums the right to recover which is transferred to the Corporation by this Act shall so far as so relating have effect, as from that day, as if given by the Corporation under section 53.

(2)Section 53(1) shall have effect as if any sum due to the Post Office before the appointed day under the provisions of a scheme made under section 28 of the 1969 Act, being a sum the right to recover which is transferred to the Corporation by this Act, were a sum due to the Corporation under the provisions of a scheme made under section 21.

12An undertaking given, or having effect as if given, to the Post Office under section 51 of the 1953 Act which is effective on the appointed day and relates to property transferred to, or functions conferred on, the Corporation by this Act shall have effect, as from that day, as if given to the Corporation under section 55.

13Where, on the appointed day, there are in progress any proceedings for the settlement or determination, under the Telegraph Act 1863 or the Telegraph Act 1878, of a difference, dispute, matter or question or the amount or application of compensation, being proceedings to which the Post Office is a party, the Corporation shall be substituted for the Post Office as a party to the proceedings; and where, on that day, there are in progress any proceedings under section 8 of the last-mentioned Act for the recovery by the Post Office of either or both of the following, namely, expenses incurred by it in making good destruction of, or injury to, a telegraphic line and a daily fine in respect of the interruption of telegraphic communication, the Corporation shall be similarly substituted.

14(1)This paragraph applies to the following instruments, namely—

(a)the agreement dated 2nd April 1962 whereto the parties are the Postmaster General and the Commercial Cable Company, Incorporated (a company incorporated under the law of the State of New York of the United States of America);

(b)the agreement dated 1st April 1963 whereto the parties are the Postmaster General and the Compagnie Francaise des Cables Telegraphiques S.A. (a company incorporated under the law of France);

(c)the agreement dated 27th December 1965 whereto the parties are the Postmaster General and Western Union International, Incorporated (a company incorporated under the law of the State of Delaware of the United States of America); and

(d)the licence dated 1st March 1966 whereto the parties are Her Majesty, the Crown Estate Commissioners, the Postmaster General and Det Store Nordiske Telegraf-Selskab Aktieselskab (a company incorporated under the law of the Kingdom of Denmark and commonly known in the United Kingdom, and in that licence referred to, as the Great Northern Telegraph Company Limited).

(2)Nothing done, on or after the appointed day, under, and in accordance with the terms of, an instrument to which this paragraph applies, shall constitute an infringement of die privilege conferred by section 12(1).

15A notice or certificate given, request made or requirement imposed under any provision of the enactments relating to telegraphs by, to or on the Post Office which is effective at the appointed day shall, as from that day, have effect as if given, made or imposed by, to or on the Corporation.

16An authority granted under section 5(1) of the Telegraph Act 1892 which is effective at the appointed day shall, as from that day, have effect as if it had been granted under that section as amended by paragraph 4 of Schedule 3.

17Any such council as is mentioned in the Telegraph Act 1899 which, at the beginning of the appointed day, is licensed by the Post Office to provide a system of public telephonic communication, shall, so long as the licence continues in force, be deemed, for the purposes of that Act, to be licensed by the Corporation so to provide.

18(1)A notice given under section 26 of the Electric Lighting Act 1882 by undertakers to the Post Office which is effective at the appointed day shall, as from that day, have effect as if given to the Corporation; any requirements made under that section by the Post Office which are so effective shall, as from that day, have effect as if made by the Corporation; and any arbitration on a difference under that section which is in progress immediately before that day may be continued with the substitution of the Corporation for the Post Office as a party thereto.

(2)A requirement imposed under section 4(2) of the Electric Lighting Act 1888 by the Post Office which is effective at the appointed day shall, as from that day, have effect as if imposed by the Corporation.

(3)An approval given under section 10(c) of the Schedule to the Electric Lighting (Clauses) Act 1899 with the concurrence of the Post Office which is effective at the appointed day shall, as from that day, have effect as if given with the concurrence of the Corporation ; a notice served under section 14 of the Schedule by undertakers on the Post Office which is so effective shall, as from that day, have effect as if served on the Corporation; a requirement imposed or approval or disapproval notified under that section by the Post Office which is effective at the appointed day shall, as from that day, have effect as if imposed or notified by the Corporation ; and a requirement imposed under section 60 of that Schedule which is effective at the appointed day shall, as from that day, have effect as if imposed by the Corporation.

(4)Any notice given under section 20 of the Schedule to the Electric Lighting (Clauses) Act 1899 to the Post Office which is effective at the appointed day shall, as from that day, have effect as if given to the Corporation, any requisition served under that section by the Post Office which is effective at that day shall, as from that day, have effect as if served by the Corporation and any arbitration under that section which is in progress immediately before that day, being an arbitration to which the Post Office is a party, may be continued with the substitution of the Corporation for the Post Office.

19An order under section 24 of the Bankruptcy Act 1914 which is effective at the appointed day shall, as from that day, have effect as if any reference therein to the Post Office included a reference to the Corporation.

20A notice under section 24 of the Requisitioned Land and War Works Act 1945 which has been given, or has effect as if given, by or to the Post Office and is effective at the appointed day, shall, as from that day, have effect as if given by or to the Corporation.

21(1)Nothing in this Act shall affect the validity of anything done by, or in relation to, the Post Office before the appointed day under or by virtue of the Public Utilities Street Works Act 1950 ; and anything which, immediately before that day, is in process of being done under, or by virtue of, that Act by or in relation to it (including, in particular, any legal proceedings to which it is a party) may be continued by, or in relation to, the Corporation.

(2)Any notice or direction given or other thing whatsoever done under the said Act of 1950 by the Post Office shall, if effective at the appointed day, continue in force and have effect as if similarly given or done by the Corporation.

22(1)If the appointed day is other than a 1st April, the period beginning with the immediately preceding 1st April and ending with the next following 31st March shall be the first accounting year of the Corporation and sub-paragraphs (2) and (3) shall have effect in relation to that period.

(2)The report made by the Corporation under section 6(12) in respect of the period mentioned in sub-paragraph (1) shall include, and the report made by the Post Office under section 11(10) of the 1969 Act in respect of that period shall exclude, the exercise and performance by the Post Office and its subsidiaries of functions which, if the appointed day had been the immediately preceding 1st April, would have been exercised and performed by the Corporation and its subsidiaries.

(3)Any statement of accounts prepared in respect of the period mentioned in sub-paragraph (1) by the Corporation under section 31 or by the Post Office under section 75 shall give a true and fair view of what, in its opinion, would have been the profit or loss of the body or bodies to which the statement relates if—

(a)the profit or loss for that period of the part of the Post Office's undertaking which is transferred to the Corporation by this Act had been a profit or loss of the Corporation; and

(b)any of the Post Office's subsidiaries which are so transferred had been subsidiaries of the Corporation during the whole of that period.

(4)All expenses incurred by the Corporation before the beginning of its first accounting year shall, for the purposes of its accounts, be treated as expenses incurred in that year; and all sums received by the Corporation before the beginning of that year shall be treated for those purposes as receipts attributable to that year.

(5)In relation to the accounting year of the Post Office ending 31st March next before the appointed day, the Corporation shall furnish the Post Office with all such information as the Post Office may require to enable it to discharge the duties imposed on it by sections 11(10) and 42 of the 1969 Act (duty to prepare a statement of accounts and report on the business of the Post Office).

Schedule 5Special Transitional Provisions with Respect to Patents for Inventions and Registered Designs

Part IInterpretation

1In this Schedule "agreement to which this Schedule applies" means an agreement in the case of which rights and liabilities thereunder, having vested in the Post Office by virtue of the 1969 Act, are transferred to the Corporation by this Act.

Part IIPatents for Inventions

2For the purposes of so much of section 32(1) of the Patents Act 1949 as provides that a patent may be revoked on the grounds that the invention, so far as claimed in any claim of the complete specification, was secretly used in the United Kingdom before the priority date of that claim, no account shall be taken of any use, on or after the appointed day, of the invention by the Corporation or a person authorised by it, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly—

(a)before 1st October 1969, to a government department or person authorised by a government department;

(b)on or after 1st October 1969, in pursuance of an agreement in the case of which rights and liabilities thereunder vested in the Post Office by virtue of the 1969 Act, to the Post Office or a person authorised by it; or

(c)on or after the appointed day, in pursuance of an agreement to which this Schedule applies, to the Corporation or a person authorised by it.

3(1)Where an agreement to which this Schedule applies contains provision—

(a)conferring authority under section 46(1) of the Patents Act 1949 for the making, use or exercise of an invention for a purpose referable to the functions of the Post Office ; or

(b)providing for the conferring by the Post Office on a person of such an authority under that section,

then, on and after the appointed day—

(i)the authority conferred by the agreement, and any authority conferred before that day in pursuance of such a provision as is mentioned in head (b), shall continue in force and shall have effect so as to authorise the making, use and exercise of the invention for a purpose referable to the functions of the Corporation, being a purpose corresponding to that mentioned in head (a); and

(ii)the provision described in head (b) shall have effect as if it provided for the conferring by the Corporation of an authority having such effect as is mentioned in head (i).

(2)For the purpose of fulfilling obligations imposed on it by virtue of this paragraph, the Corporation shall, on and after the appointed day, have power to confer such an authority as is mentioned in head (ii) of sub-paragraph (1).

(3)Nothing in the Patents Act 1949 shall be taken to prevent the use by the Corporation, for a purpose referable to its functions, of any articles made and supplied to it in the exercise of an authority continued in force by, or conferred by virtue of, this paragraph.

4Where by an agreement to which this Schedule applies, being an agreement made in pursuance of subsection (3) of section 46 of the Patents Act 1949 and continued in force by paragraph 3 of Schedule 10 to the 1969 Act, terms are agreed upon which use of an invention may be made by virtue of that paragraph for the manufacture of articles by the Post Office or the manufacture and supply to the Post Office of articles by a person authorised by it.—

(a)the agreement shall (so far as it relates to the use of the invention by, or with the authority of, the Post Office) have effect as from the appointed day as if, for any reference to use by virtue of that paragraph for any purpose referable to functions of the Post Office, there were substituted a reference to use by virtue of this paragraph for any purpose referable to functions of the Corporation corresponding to a purpose referable to functions of the Post Office being a purpose in the case of which use of the invention therefor fell within the agreement;

(b)the Corporation shall have power to use the invention for the manufacture of articles on the terms of the agreement as it has effect by virtue of this paragraph, and any person authorised by the Corporation in writing shall have power to use the invention for manufacture and supply to the Corporation on such terms, and the Corporation shall, accordingly, have power to use, for purposes referable to its functions, articles so manufactured by, or supplied to, it.

5(1)Subject to sub-paragraph (3) where, on or after the appointed day, use of an invention is begun under an authority continued in force by, or conferred by virtue of, paragraph 3, the Corporation shall notify the patentee as soon as practicable after the use is begun.

(2)Subject as aforesaid, the Corporation shall furnish the patentee with such information as he may from time to time require as to the extent of use, if any, of the invention after the beginning of the appointed day under such an authority as is mentioned in sub-paragraph (1) or by virtue of paragraph 4.

(3)Nothing in the foregoing provisions of this paragraph shall impose on the Corporation an obligation to give notification or furnish information if the Secretary of State notifies it that it is contrary to the public interest to do so.

6Where, in the case of an invention, an authority for its use is continued in force by, or is conferred by virtue of, paragraph 3. then—

(a)if and so far as the invention has, before the priority date of the relevant claim of the complete specification, been duly recorded by or tried by or on behalf of a government department otherwise than in consequence of the communication thereof, directly or indirectly, by the patentee or a person from whom he derives title, any use of the invention by virtue of paragraph 3 may be made free of any royalty or other payment to the patentee ;

(b)if and so far as the invention has not been so recorded or tried as aforesaid, any use of the invention by virtue of paragraph 3 at any time after the acceptance of the complete specification in respect of the patent or in consequence of any such communication as aforesaid, shall—

(i)except where an agreement as to terms for the use of the invention was made before 1st October 1969 under section 46(3) of the Patents Act 1949 or before the appointed day under paragraph 5 of Schedule 10 to the 1969 Act, or a determination as to those terms was made by the court before that date under section 48 of the said Act of 1949 or before that day under paragraph 9 of the said Schedule, be made upon such terms as may be agreed upon, either before or after the use, between the Corporation and the patentee, or as may, in default of such an agreement, be determined by the court on a reference under paragraph 10;

(ii)in the said excepted case, be made upon the terms of the said agreement or determination. 7 The authority of the Corporation in respect of an invention may be given under paragraph 3 or 4 either before or after the patent is granted and either before or after the acts in respect of which the authority is given are done, but not so as to authorise the doing before the appointed day of any act; and such authority may be given to any person whether or not he is authorised, directly or indirectly, by the patentee to make, use, exercise or vend the invention.

8(1)The Corporation shall have the power to use, for a purpose referable to its functions, any article vested in it and made before 1st October 1969, in the exercise of the powers conferred by section 46 of the Patents Act 1949, by a government department, or a person authorised by a government department.

(2)In the case of articles described in sub-paragraph (1) and articles vested in the Corporation and—

(a)made on or after 1st October 1969 under an authority continued in force by, or conferred by virtue of, paragraph 2. of Schedule 10 to the 1969 Act; or

(b)made on or after the appointed day under an authority continued in force by, or conferred by virtue of, paragraph 3,

the Corporation, if the circumstances are such that their supply to the government of a country outside the United Kingdom is, by virtue of section 46(6) of the Patents Act 1949, included among the services of the Crown, shall have power to sell them to that government, and if the circumstances are such that their supply to the United Nations is, by virtue of that section, so included, shall have power to sell them to that organisation.

(3)In the case of articles mentioned in sub-paragraph (2) and articles vested in the Corporation and—

(a)made on or after 1st October 1969 by virtue of paragraph 3. of Schedule 10 to the 1969 Act; or

(b)made on or after the appointed day by virtue of paragraph 4,

the Corporation shall have power to sell to any person such, if any, of them as are not required for a purpose referable to functions of the Corporation.

(4)The purchaser of any articles sold in the exercise of powers conferred by this paragraph, and any person claiming through him, shall have power to deal with them in the same manner as if the patent were held by or on behalf of the Corporation.

9(1)In relation to any use of a patented invention or an invention in respect of which an application for a patent is pending, being a use made on or after the appointed day for purposes referable to functions of the Corporation—

(a)by the Corporation under any power conferred by, or by virtue of, the foregoing provisions of this Act, or by it's using articles supplied to it by the patentees or applicant tor the patent under an agreement to which this Schedule applies ;

(b)by a person authorised by an authority continued in force by paragraph 3 or conferred by virtue of that paragraph or paragraph 4 ; or

(c)by the patentee or applicant for the patent, for the purpose of satisfying a liability under an agreement to which this Schedule applies,

the provisions of any licence, assignment or agreement made—

(i)before 1st October 1969, between the patentee or applicant for the patent or any person who derives title from him or from whom he derives title, and any person other than a government department;

(ii)on or after 1st October 1969, between the patentee or applicant for the patent or any person who derives title from him or from whom he derives title, and any person other than the Post Office ; or

(iii)on or after the appointed day, between the patentee or applicant for the patent or any person who derives title from him or from whom he derives title, and any person other than the Corporation,

shall be of no effect so far as those provisions restrict or regulate the use of the invention, or any model, document or information relating thereto, or provide for the making of payments in respect of any such use, or calculated by reference thereto ; and the reproduction or publication of any model or document in connection with the said use shall not be deemed to be an infringement of any copyright subsisting in the model or document.

(2)Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the invention is in force under the patent, then—

(a)in relation to any use of the invention which, but for the provisions of this paragraph and paragraph 3, would constitute an infringement of the rights of the licensee, paragraph 6 shall have effect as if for the reference in sub-paragraph (b) thereof to the patentee there were substituted a reference to the licensee ; and

(b)in relation to any use of the invention by the licensee by virtue of an authority continued in force by, or conferred by virtue of, paragraph 3, paragraph 6 shall have effect as if sub-paragraph (b) were omitted.

(3)Subject to the provisions of sub-paragraph (2), where the patent, or the right to apply for or obtain the patent, has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention, then—

(a)in relation to any use of the invention by virtue of paragraph 3, paragraph 6 shall have effect as if, in sub-paragraph

(b), the reference to the patentee included a reference to the assignor, and any sum payable by virtue of that paragraph or an agreement referred to in paragraph 4 shall—

(i)except where an agreement as to the proportions in which any sum payable in relation to the use of the invention should be divided was made before 1st October 1969 under section 47(3) of the Patents Act 1949 or before the appointed day under paragraph 8(3) of Schedule 10 to the 1969 Act, or a determination as to those proportions was made by the court before that date under section 48 of the said Act of 1949 or before that day under paragraph 9 of the said Schedule, be divided between the patentee and the assignor in such proportions as may be agreed between them or as may, in default of such agreement, be determined by the court on a reference under paragraph 10;

(ii)in the said excepted case, be divided in such proportions as may be provided for by the said agreement or determination; and (b) in relation to any use of the invention made after the beginning of the appointed day, being use referable to the functions of the Corporation and made by the patentee for the purpose mentioned in sub-paragraph (1)(c), paragraph 6(b) shall have effect as if that use were made by virtue of an authority continued in force by paragraph 3.

(4)Where, under paragraph 6 or such an agreement as is referred to in paragraph 4, payments are required to be made by the Corporation to a patentee in respect of any use of an invention, any person, being the holder of an exclusive licence under the patent (not being such a licence as is mentioned in sub-paragraph (2)) authorising him to make that use of the invention, shall—

(a)except where an agreement as to the recovery from the patentee of a part of the payments made under section 46(3) of the Patents Act 1949 in respect of the use of the invention was made before 1st October 1969 under section 47(4) of that Act or before the appointed day under paragraph 8(4) of Schedule 10 to the 1969 Act, or a determination as to such recovery was made by the court before that date under section 48 of the said Act of 1949 or before that day under paragraph 9 of the said Schedule, be entitled to recover from the patentee such part (if any) of those payments as may be agreed upon between that person and the patentee or as may, in default of such agreement, be determined by the court on a reference under paragraph 10 to be just having regard to any expenditure incurred by that person—

(i)in developing the said invention, or

(ii)in making payments to the patentee, other than royalties or other payments determined by reference to the use of the invention, in consideration of the licence;

(b)in the said excepted case, be entitled to recover such part, if any, of the payments as may be provided for by the said agreement or determination ;

and if that person, at any time before the amount of any such payment has been settled, gives to the Corporation notice in writing of his interest, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent; and, for the purposes of this sub-paragraph, a notice given before 1st October 1969 to the department of the Postmaster General in pursuance of section 47(4) of the Patents Act 1949 or before the appointed day to the Post Office in pursuance of paragraph 8 of Schedule 10 to the 1969 Act shall have effect as if it had been given to the Corporation.

(5)Where any models, documents or information relating to an invention are used in connection with any such use of the invention as is described in sub-paragraph (1), paragraph 6 shall, whether or not it applies to the use of the invention, apply to the use of the models, documents or information as if for the reference therein to the patentee there were substituted a reference to the person entitled to the benefit of any provision of a licence, assignment or agreement which is rendered inoperative by sub-paragraph (1) in relation to that use.

(6)Nothing in this paragraph shall be construed as authorising the disclosure to the Corporation or any person of any model, document or information to the use of which this paragraph applies in contravention of any such licence, assignment or agreement as aforesaid.

10(1)Any dispute as to the exercise by the Corporation or a person authorised by it of powers subsisting by virtue of the foregoing provisions of this Part, or as to terms for use thereunder of an invention or any models, documents or information relating to an invention, or as to the right of any person to receive any part of a payment made in pursuance of paragraph 6 or any such agreement as is referred to in paragraph 4 may be referred to the court by either party to the dispute in such manner as is prescribed by the rules for the time being in force for the purposes of section 48(1) of the Patents Act 1949.

(2)Subsections (2) to (5) of section 48 of the Patents Act 1949 shall have effect in relation to proceedings under sub-paragraph (1) and disputes that may be determined thereunder as they do in relation to proceedings and disputes that may be determined under subsection (1) of the said section 48, but subject to the modifications that—

(a)in subsection (2), for references to a government department there shall be substituted references to the Corporation ;

(b)in subsection (3), for the references to section 46 of that Act and to the opinion of the government department there shall be substituted respectively references to paragraph 6(a) and to the opinion of the Secretary of State stated in a certificate signed by him ; and

(c)in subsection (4), for the first reference to a government department there shall be substituted a reference to the Corporation, for the second such reference there shall be substituted a reference to the department of the Postmaster General, the Post Office or the Corporation, and the reference to the services of the Crown shall include a reference to the purposes of the Corporation.

(3)Any proceedings under paragraph 9 of Schedule 10 to the 1969 Act which are in progress immediately before the appointed day, being proceedings to which the Post Office is a party and which, if they had been commenced on or after that day, would have been commenced under this paragraph, may be continued with the substitution of the Corporation for the Post Office.

11(1)Where, in pursuance of an agreement to which this Schedule applies, being an agreement made in relation to an invention claimed under a complete specification, communication of the invention is made to the Corporation or a person authorised by it to investigate the invention or its merits, the invention shall not be deemed to have been anticipated by reason only of that communication or of anything done in consequence thereof for the purposes of the investigation.

(2)An authorisation to investigate an invention given under subsection (1) or section 51 of the Patents Act 1949 which is in force immediately before, the appointed day and has effect as if given by the Post Office shall, so far as may be necessary in consequence of the enactment of Part I of this Act, have effect on and after that day as if given by the Corporation and, in relation to that invention, the said subsection (1) shall have effect as if references to a government department included references to the Corporation.

12Expressions to which meanings are assigned by the Patents Act 1949 for the purposes of that Act have those meanings also for the purposes of this Part.

Part IIIRegistered Designs

13(1)Where an agreement to which this Schedule applies contains provision—

(a)conferring authority under paragraph 1(1) of Schedule 1 to the Registered Designs Act 1949 for the use of a registered design for a purpose referable to the functions of the Post Office ; or

(b)providing for the conferring by the Post Office on a person of such an authority under that paragraph,

then, on and after the appointed day.—

(i)the authority conferred by the Agreement, and any authority conferred before that day in pursuance of such a provision as is mentioned in head (b), shall continue in force and shall have effect so as to authorise the use of the design for a purpose referable to the functions of the Corporation, being a purpose corresponding to that mentioned in head (a); and

(ii)the provision described in head (b) shall have effect as if it provided for the conferring by the Corporation of an authority having such effect as is mentioned in head (i).

(2)For the purpose of fulfilling obligations imposed on it by virtue of this paragraph, the Corporation shall, on and after the appointed day, have power to confer such an authority as is mentioned in head (ii) of sub-paragraph (1).

14Where, by an agreement to which this Schedule applies, being an agreement made in pursuance of sub-paragraph (3) of paragraph 1 of Schedule 1 to the Registered Designs Act 1949 and continued in force by paragraph 13 of Schedule 10 to the 1969 Act, terms are agreed upon which use of a design may be made by virtue of the said paragraph 13 for the manufacture of articles by the Post Office, or the manufacture and supply to the Post Office of articles by a person authorised by it.—

(a)the agreement shall (so far as it relates to the use of the design by, or with the authority of the Post Office) have effect as from the appointed day as if, for any reference to use by virtue of the said paragraph 13 for any purpose referable to functions of the Post Office, there were substituted a reference to use by virtue of this paragraph for any purpose referable to functions of the Corporation corresponding to a purpose referable to functions of the Post Office, being a purpose in the case of which use of the design therefor fell within the agreement;

(b)the Corporation shall have power to use the design for the manufacture of articles on the terms of the agreement as it has effect by virtue of this paragraph, and any person authorised by the Corporation in writing shall have power to use the design for manufacture and supply to the Corporation on such terms.

15(1)Subject to sub-paragraph (3), where, on or after the appointed day, use of a registered design is begun under an authority continued in force by, or conferred by virtue of, paragraph 13, the Corporation shall notify the registered proprietor as soon as practicable after the use is begun.

(2)Subject as aforesaid, the Corporation shall furnish the registered proprietor with such information as he may from time to time require as to the extent of use, if any, of the registered design after the beginning of the appointed day under such an authority as is mentioned in sub-paragraph (2) or by virtue of paragraph 14.

(3)Nothing in the foregoing provisions of this paragraph shall impose on the Corporation an obligation to give notification or furnish information if the Secretary of State notifies it that it is contrary to the public interest to do so.

16Where, in the case of a design, an authority for its use is continued in force by, or is conferred by virtue of, paragraph 13, then—

(a)if and so far as the design has, before the date of registration thereof, been duly recorded by or applied by or on behalf of a government department otherwise than in consequence of the communication of the design, directly or indirectly. by the registered proprietor or a person from whom he derives title, any use of the design by virtue of paragraph 13 may be made free of any royalty or other payment to the registered proprietor ;

(b)if and so far as the design has not been so recorded or applied as aforesaid, any use of the design by virtue of paragraph 13 at any time after the date of registration thereof or in consequence of any such communication as aforesaid, shall—

(i)except in a case where an agreement as to terms for the use of the design was made before 1st October 1969 under paragraph 1(3) of Schedule 1 to the Registered Designs Act 1949 or before the appointed day under paragraph 15 of Schedule 10 to the 1969 Act, or a determination as to those terms was made by the court before that date under paragraph 3 of the said Schedule 1 or before that day under paragraph 19 of the said Schedule 10, be made upon such terms as may be agreed upon, either before or after the use, between the Corporation and the registered proprietor or as may, in default of such an agreement, be determined by the court on a reference under paragraph 20;

(ii)in the said excepted case, be made upon the terms of the said agreement or determination.

17The authority of the Corporation in respect of a design may be given under paragraph 13 or 14 either before or after the design is registered and either before or after the acts in respect of which the authority is given are done, but not so as to authorise the doing before the appointed day of any act; and such authority may be given to any person whether or not he is authorised, directly or indirectly, by the registered proprietor to use the design.

18(1)In the case of articles vested in the Corporation and—

(a)made before 1st October 1969, in the exercise of powers conferred by paragraph 1 of Schedule 1 to the Registered Designs Act 1949 ;

(b)made before the appointed day, under an authority continued in force by, or conferred by virtue of, paragraph 12 of Schedule 10 to the 1969 Act; or

(c)made on or after the appointed day, under an authority continued in force by, or conferred by virtue of, paragraph 13,

the Corporation, if the circumstance are such that their supply to the government of a country outside the United Kingdom is, by virtue of paragraph 1(6) of the said Schedule 1 included among the services of the Crown, shall have power to sell them to that government, and if the circumstances are such that their supply to the United Nations is, by virtue of that paragraph, so included, shall have power to sell them to that organisation.

(2)In the case of articles mentioned in sub-paragraph (1) and articles vested in the Corporation and—

(a)made on or after 1st October 1969 by virtue of paragraph 13 of Schedule 10 to the 1969 Act; or

(b)made on or after the appointed day by virtue of paragraph 14,

the Corporation shall have power to sell to any person such, if any, of them as are not required for a purpose referable to functions of the Corporation.

(3)The purchaser of any articles sold in the exercise of powers conferred by this paragraph, and any person claiming through him, shall have power to deal with them in the same manner as if the rights in the registered design were held by or on behalf of the Corporation.

19(1)In relation to any use of a registered design or a design in respect of which an application for registration is pending, being a use made on or after the appointed day for purposes referable to functions of the Corporation—

(a)by the Corporation under any power conferred by or by virtue of the foregoing provisions of this Act;

(b)by a person authorised by an authority continued in force by paragraph 13 or conferred by virtue of that paragraph or paragraph 14 ; or

(c)by the registered proprietor or applicant for registration for the purpose of satisfying a liability under an agreement to which this Part applies,

the provisions of any licence, assignment or agreement made.—

(i)before 1st October 1969, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than a government department;

(ii)on or after 1st October 1969, between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than the Post Office ; or

(iii)on or after the appointed day between the registered proprietor or applicant for registration or any person who derives title from him or from whom he derives title and any person other than the Corporation,

shall be of no effect so far as those provisions restrict or regulate the use of the design, or any model, document or information relating thereto, or provide for the making of payments in respect of any such use, or calculated by reference thereto ; and the reproduction or publication of any model or document in connection with the said use shall not be deemed to be an infringement of any copyright subsisting in the model or document.

(2)Where an exclusive licence granted otherwise than for royalties or other benefits determined by reference to the use of the design is in force under the registered design, then—

(a)in relation to any use of the design which, but for the pro visions of this paragraph and paragraph 13 would constitute an infringement of the rights of the licensee, paragraph 16 shall have effect as if for the reference in sub-paragraph (b) thereof to the registered proprietor there were substituted a reference to the licensee ; and

(b)in relation to any use of the design by the licensee by virtue of an authority continued in force by, or conferred by virtue of, paragraph 13, paragraph 16 shall have effect as if sub-paragraph (b) were omitted.

(3)Subject to the provisions of sub-paragraph (2), where the registered design or the right to apply for or obtain registration of the design has been assigned to the registered proprietor in consideration of royalties or other benefits determined by reference to the use of the design, then—

(a)in relation to any use of the design by virtue of paragraph 13, paragraph 16 shall have effect as if, in sub-paragraph (b), the reference to the registered proprietor included a reference to the assignor, and any sum payable by virtue of that paragraph or an agreement referred to in paragraph 14 shall—

(i)except in a case where an agreement as to the proportions in which any sum payable in relation to the use of the design should be divided was made before 1st October 1969 under paragraph 2(3) of Schedule 1 to the Registered Designs Act 1949 or before the appointed day under paragraph 18(3) of Schedule 10 to the 1969 Act, or a determination as to those proportions was made by the court before that date under paragraph 3 of the said Schedule 1 or before that day under paragraph 19 of the said Schedule 10, be divided between them in such proportions as may be agreed between them or as may in default of agreement be determined by the court on a reference under paragraph 20 ;

(ii)in the said excepted case, be divided in such proportions as may be provided for by the said agreement or determination ; and

(b)in relation to any use of the design made after the beginning of the appointed day, being use referable to the functions of the Corporation and made by the registered proprietor for the purpose mentioned in sub-paragraph (1)(c), paragraph 16(b) shall have effect as if that use were made by virtue of an authority continued in force by paragraph 13.

(4)Where, under paragraph 16 or such an agreement as is referred to in paragraph 14, payments are required to be made by the Corporation to a registered proprietor in respect of any use of a design, any person, being the holder of an exclusive licence under the registered design (not being such a licence as is mentioned in sub-paragraph (2)) authorising him to make that use of the design, shall—

(a)except where an agreement as to the recovery from the registered proprietor of a part of the payments made under paragraph 1(3) of Schedule 1 to the Registered Designs Act 1949 in respect of the use of the design was made before 1st October 1969 under paragraph 2(4) of that Schedule or before the appointed day under paragraph 18(4) of Schedule 10 to the 1969 Act, or a determination as to such recovery was made by the court before that date under paragraph 3 of the said Schedule 1 or before the appointed day under paragraph 19 of the said Schedule 10, be entitled to recover from the registered proprietor such part (if any) of those payments as may be agreed upon between that person and the registered proprietor or as may, in default of agreement, be determined by the court on a reference under paragraph 20 to be just having regard to any expenditure incurred by that person—

(i)in developing the said design ; or

(ii)in making payments to the registered proprietor, other than royalties or other payments determined by reference to the use of the design, in consideration of the licence;

(b)in the said excepted case, be entitled to recover such part, if any, of the payments as may be provided for by the said agreement or determination ;

and if, at any time before the amount of any such payment has been settled, that person gives to the Corporation notice in writing of his interest, any agreement as to the amount of that payment shall be of no effect unless it is made with his consent; and for the purposes of this sub-paragraph, a notice given before 1st October 1969 to the department of the Postmaster General in pursuance of paragraph 2(4) of the said Schedule 1 or before the appointed day to the Post Office in pursuance of paragraph 18 of the said Schedule 10 shall have effect as if it had been given to the Corporation.

(5)Where any models, documents or information relating to a registered design are used in connection with any such use of the design as is described in sub-paragraph (1), paragraph 16 shall, whether or not it applies to the use of the design, apply to the use of the models, documents or information as if for the reference therein to the registered proprietor there were substituted a reference to the person entitled to the benefit of any provision of a licence, assignment or agreement which is rendered inoperative by sub-paragraph (1) in relation to that use.

(6)Nothing in this paragraph shall be construed as authorising the disclosure to the Corporation or any other person of any model, document or information to the use of which this paragraph applies in contravention of any such licence, assignment or agreement as aforesaid.

20(1)Any dispute as to the exercise by the Corporation or a person authorised by it of powers subsisting by virtue of this Part, or as to terms for use thereunder of a design, or any models, documents or information relating to a design, or as to the right of any person to receive any part of a payment made in pursuance of paragraph 16 or any such agreement as is referred to in paragraph 14 may be referred to the court by either party to the dispute in such manner as is prescribed by the rules for the time being in force for the purposes of paragraph 3(1) of Schedule 1 to the Registered Designs Act 1949.

(2)Sub-paragraphs (2) to (5) of paragraph 3 of the said Schedule shall have effect in relation to proceedings under sub-paragraph (1) and disputes that may be determined thereunder as they do in relation to proceedings and disputes that may be determined under sub-paragraph (1) of the said paragraph 3, but subject to the modifications that—

(a)in sub-paragraph (2), for references to a government department there shall be substituted references to the Corporation;

(b)in sub-paragraph (3), for the references to paragraph 1 of that Schedule and to the opinion of the government department there shall be substituted respectively references to paragraph 16(a) and to the opinion of the Secretary of State stated in a certificate signed by him ; and

(c)in sub-paragraph (4), for the first reference to a government department there shall be substituted a reference to the Post Office, for the second such reference there shall be substituted a reference to the department of the Postmaster General or the Post Office, and the reference to the services of the Crown shall include a reference to the purposes of the Post Office.

(3)Any proceedings under the said paragraph 3 which are in progress immediately before the appointed day, being proceedings to which the Post Office is a party and which, if they had been commenced on or after that day, would have been commenced under this paragraph, may be continued with the substitution of the Corporation for the Post Office.

21(1)Where, in pursuance of an agreement to which this Schedule applies, being an agreement made in relation to a design, communication of the design is made to the Corporation or a person authorised by it to consider the merits of the design, an application for the registration of the design shall not be invalidated by reason only of that communication or of anything done in consequence thereof.

(2)An authorisation to consider the merits of a design given under subsection (3) of section 6 of the Registered Designs Act 1949 which is in force immediately before the appointed day and has effect as if given by the Post Office shall, so far as may be necessary in consequence of the enactment of Part I of this Act, have effect on and after that day as if given by the Corporation and, in relation to that design, the said subsection (3) shall have effect as if references to a government department included references to the Corporation.

22Expressions to which meanings are assigned by the Registered Designs Act 1949 for the purposes of that Act have those meanings also for the purposes of this Part.

Schedule 6Enactments Repealed

Part IEnactments Repealed on the Passing of this Act

Chapter or NumberShort titleExtent of repeal
31 & 32 Vict. c. 110.The Telegraph Act 1868.

Section 11.

In the Schedule, paragraphs 7 to 9, 12 and 13.

41 & 42 Vict. c. 76.The Telegraph Act 1878.

In section 2, in the definition of " telegraphic line", the words from " and also " to " communication ".

Section 14.

55 & 56 Vict. c. 59.The Telegraph Act 1892.Section 8.
1 & 2 Geo. 5. c. 26.The Telephone Transfer Act 1911.The whole Act.
1 & 2 Geo. 5. c. 39.The Telegraph (Construction) Act 1911.Section 6(2).
1 & 2 Eliz. 2. c. 36.The Post Office Act 1953.Sections 3 and 4.
2 & 3 Eliz. 2. c. iv.The Dover Harbour Consolidation Act 1954.Section 120.
9 & 10 Eliz. 2. c. 51.The Post Office Act 1961.The whole Act.
1968 c. 13.The National Loans Act 1968.In Schedule 5, the entry relating to the Post Office Act 1961.
1969 c, 48.The Post Office Act 1969.

Section 1.

In section 2(6), the words from " but anything " onwards.

In section 6, in subsection (1), the words from " so, however " onwards, in subsection (2), paragraph (a) and, in paragraph (b), the words " after the expiration of that period ", and subsection (2A).

Section 12(10).

Section 14(18).

Section 17.

Section 19.

Sections 31 and 32.

Section 34.

Section 50.

Section 68.

Section 74(1).

Section 81(3).

Sections 82 and 83.

Section 85.

In section 86(1), in the definition of "local authority", the words "county borough ".

1969 c. 48— cont.The Post Office Act 1969 —cont.

Sections 106 and 107. Section 127.

In section 129(1), the words "or any order made under section 17 of this Act" and " or any copy of any such order ".

Sections 130 and 131.

In Schedule 1, paragraphs 2(2), 4(2) and 11(2), (3) and (5).

In Schedule 4, in paragraph 2(1), in the Table, the entry relating to section 3 of the 1953 Act and paragraphs 81, 87, 93(1)(i),(ii) arid (viii), 94 and 98.

Schedule 7.

In Schedule 9, paragraphs 3(1), (3), (4) and (6), 4, 5, 8, 15, 16, 18 19, 22 to 26, 31, 32, 36 to 47and 50.

1977 c. 44.The Post Office Act 1977.The whole Act.
Northern Ireland Legislation
1970 c. 1(N.L).The Harbours Act (Northern Ireland) 1970.In section 26(4), the words " as from the appointed day within the meaning of the Post Office Act 1969 ".
S.I. 1974/2143 (N.I. 6).The Juries (Northern Ireland) Order 1974.In Schedule 2, the words " Officers of the Post Office ".

Part IIEnactments Repealed on the Appointed Day

Chapter or NumberShort titleExtent of repeal
26 & 27 Vict. c. 112.The Telegraph Act 1863.

In section 24, the words from

" and send " onwards. Section 34.

1 & 2 Eliz. 2. c. 36.The Post Office Act 1953.

In section 60(1), the words " or telephone kiosk or cabinet" (twice) and the words " kiosk or cabinet

In section 61(1), the words "telegraph post" and the word " post", in the last place where it occurs.

In section 64(1), the words " or ' postal telegraph office' or ' public telephone call office'" and the words " or a place where the public may make telephone calls ".

Section 65A.

In section 87(1), the definition of " telegraph post".

1967 c. 62.The Post Office (Data Processing Service) Act 1967.The whole Act.
1968 c. 60.The Theft Act 1968.In Schedule 2, in Part I, paragraph 8.
1969 c. 48.The Post Office Act 1969.

Section 9.

Section 11(7).

Section 13.

Sections 23 to 27.

In section 29, in subsection (1), paragraphs (b) and (d) and, in subsection (2), the words "or telephone exchange attendant".

Sections 35 and 36.

Section 42.

Section 54.

Section 65.

Section 69(1) and (2).

In section 72(1), the words "or telegraphic ".

Section 78.

Section 86(3).

In section 87(1), paragraphs

(fl)(ii), (*>)(») and (c)(ii). Section 88(6).

In Schedule 4, paragraph 2(16), in paragraph 21(1), the words " telegraph, telephone, wireless or signal station or " and paragraphs 78(1), 79, 86(1) and 93(1)(xxix).

1972 c. 79.The Post Office (Borrowing Powers) Act 1972.The whole Act.
1973 c. 36.The Northern Ireland Constitution Act 1973.In Schedule 3, in paragraph 13, the words " telecommunications and ".
1974 c. 7.The Local Government Act 1974.In Schedule 3, paragraph 5(a).
1974 c. 8.The Statutory Corporations (Financial Provisions) Act 1974.In Schedule 2, paragraph 4.
1975 c. 55.The Statutory Corporations (Financial Provisions) Act 1975.

In Schedule 2, the entry relating

to the Post Office. In Schedule 4, paragraph 5.

1976 c. 10.The Post Office (Banking Services) Act 1976.

Section 2.

In section 3(2), the words from " and shall " onwards.

Northern Ireland Legislation
S.I. 1973/2095.The Local Government (Consequential Provisions) (Northern Ireland) Order 1973.In Schedule 1, paragraph 7.

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