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Postal Services Act 2000

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  1. Introductory Text

  2. Part I Introductory

    1. 1. The Postal Services Commission.

    2. 2. The Consumer Council for Postal Services.

    3. 3. Duty of the Commission to ensure provision of a universal postal service.

    4. 4. Provision of a universal postal service: meaning.

    5. 5. Other duties of the Commission in the consumer interest.

  3. Part II Licences for Postal Services

    1. Restriction on provision of postal services

      1. 6. Restriction on provision of postal services.

      2. 7. Exceptions from section 6.

      3. 7A.Scope of the universal postal service: meaning

      4. 8. Power to modify section 7 by order.

      5. 9. General power to suspend the restriction.

      6. 10. Emergency power to suspend the restriction.

    2. Licences

      1. 11. Licences: general.

      2. 12. Licences: grant.

      3. 12A.Licences: refusal

      4. 12B.Licences: determination of applications

      5. 13. Licences: conditions and other provisions.

    3. Modification of licences

      1. 14. Modification of licences by agreement.

      2. 15. References to the Competition Commission.

      3. 15A. References under section 15: time limits

      4. 15B. References under section 15: application of Enterprise Act 2002

      5. 16. Reports on references.

      6. 16A. Reports on references under section 15: further provision

      7. 17. Modification following report.

      8. 18. Power of intervention of the Competition Commission.

      9. 19. Procedural requirements in relation to modifications.

      10. 19A. Sections 18 and 19: further provision

      11. 20. Application of competition legislation to references etc.

      12. 21. Modification by order under other enactments.

    4. Enforcement orders

      1. 22. Final orders.

      2. 23. Provisional orders.

      3. 24. Confirmation of provisional orders.

      4. 25. Exceptions from duty to make or confirm enforcement orders.

      5. 26. Enforcement orders: main procedural requirements.

      6. 27. Enforcement orders: further procedural requirements.

      7. 28. Validity of enforcement orders.

      8. 29. Effect of enforcement orders.

    5. Financial penalties

      1. 30. Financial penalties.

      2. 31. Statement of policy in relation to penalties.

      3. 32. Imposition of penalties: main procedural requirements.

      4. 33. Penalties: further procedural requirements.

      5. 34. Time-limits on the imposition of penalties.

      6. 35. Interest and payments by instalment.

      7. 36. Appeals.

      8. 37. Recovery of penalties.

    6. Miscellaneous

      1. 38. Register.

      2. 39. Recovery of costs of the Council etc.

      3. 40. Directors’ remuneration.

      4. 41. Free services for the blind and partially sighted.

  4. Part III Other functions of the Commission and the Council

    1. The Commission

      1. 42. Duties in relation to public post offices.

      2. 43. Duties in relation to social and environmental matters.

      3. 44. Review and information.

      4. 45. Annual and other reports: the Commission.

      5. 46. Publication of information and advice: the Commission.

      6. 47. Power of the Commission to require information.

      7. 48. Information powers: enforcement.

      8. 49. Powers of entry and seizure.

      9. 50. Codes of practice.

    2. The Council

      1. 51. Relevant postal issues.

      2. 52. Provision of advice and information to public authorities and licence holders.

      3. 53. Publication of information to users.

      4. 54. Exercise of functions: general.

      5. 55. Annual and other reports: the Council.

      6. 56. Complaints referred to the Council.

      7. 57. Power of the Council to investigate other matters.

      8. 58. Power of the Council to require information.

    3. The Commission and the Council

      1. 59. Provision of information by the Council to the Commission.

      2. 60. Memorandum of understanding.

      3. 61. Forward work programmes.

  5. Part IV Reorganisation of the Post Office

    1. Transfer of property etc.

      1. 62. Transfer of property etc. to nominated company.

    2. The Post Office company etc: government holdings

      1. 63. Government holding in the Post Office company and certain subsidiaries.

      2. 64. Government investment in securities of the Post Office company and its subsidiaries.

    3. The Post Office company etc: restrictions on dealings

      1. 65. Restriction on issue of shares to third parties.

      2. 66. Restriction on disposals of shares to third parties.

      3. 67. Approved disposals.

    4. Financial provisions

      1. 68. Loans by the Secretary of State to the Post Office company and its subsidiaries.

      2. 69. Guarantees by the Secretary of State for the Post Office company and its subsidiaries.

      3. 70. Extinguishment of certain liabilities.

      4. 71. Limit on loans and other arrangements with government.

      5. 72. Reserves of the Post Office company and its subsidiaries.

      6. 73. Statutory accounts of the Post Office company.

      7. 74. Further provisions relating to the capital structure of the Post Office company.

    5. Dissolution of the Post Office

      1. 75. Dissolution of the Post Office.

    6. Supplementary provisions

      1. 76. Accounts of the Secretary of State in relation to loans.

      2. 77. Publicity requirements for certain accounts and reports of the Post Office company.

      3. 78. Information requirements on the Post Office company.

      4. 79. Exercise of functions through nominees.

      5. 80. Shadow directors.

      6. 81. Tax.

      7. 82. Interpretation: Part IV.

  6. Part V Offences in relation to Postal Services

    1. Offences of interfering with the mail

      1. 83. Interfering with the mail: postal operators.

      2. 84. Interfering with the mail: general.

    2. Prohibition on sending certain articles by post

      1. 85. Prohibition on sending certain articles by post.

    3. Additional protection for universal postal service

      1. 86. Prohibition on affixing advertisements on certain letter boxes etc.

      2. 87. Prohibition on misleading descriptions.

      3. 88. Obstruction of business of universal service providers.

  7. Part VI Universal Postal Service: supplementary

    1. Schemes and limitation of liability

      1. 89. Schemes as to terms and conditions for provision of a universal postal service.

      2. 90. Exclusion of liability.

      3. 91. Limited liability for registered inland packets.

      4. 92. Section 91: supplementary.

      5. 93. Power to modify sections 89 to 92.

    2. Supplementary powers for universal postal service

      1. 94. Power to require carriage of mail-bags by ship or aircraft.

      2. 95. Power to acquire land etc.

    3. Articles in transit

      1. 96. Immunity from prosecution.

      2. 97. Harbour charges on mail-bags.

      3. 98. Mail-bags not to be subject to control by harbour authorities.

    4. Common carriers

      1. 99. Common carriers.

    5. Certain exemptions from postage etc.

      1. 100. Certain exemptions from postage etc.

  8. Part VII Miscellaneous and supplementary

    1. Supplementary powers of the Secretary of State

      1. 101. Directions in interests of national security etc.

      2. 102. Power to ensure compliance with the Postal Services Directive.

      3. 103. Subsidy for public post offices.

    2. Inviolability of mails etc.

      1. 104. Inviolability of mails.

      2. 105. Application of customs and excise enactments to certain postal packets.

      3. 106. Power to detain postal packets containing contraband.

      4. 107. Conditions of transit of postal packets.

    3. Evidential provisions

      1. 108. Evidence of amount of postage etc.

      2. 109. Evidence of thing being a postal packet.

      3. 110. Certificates in relation to universal postal service letter boxes.

    4. Postal and money orders

      1. 111. Exclusion of liability in relation to postal and money orders.

      2. 112. Schemes in relation to postal and money orders.

      3. 113. Recoupment of losses on wrongly paid money orders.

      4. 114. Special arrangements with other countries or territories.

    5. Other

      1. 115. Extension of existing powers relating to the Post Office.

      2. 116. The Postcode Address File.

      3. 117. Records of the former Postmaster General’s department.

      4. 118. Supplementary provisions relating to the Council.

      5. 119. General restrictions on disclosure of information.

    6. General

      1. 120. Offences by bodies corporate.

      2. 121. Service of documents.

      3. 122. Orders and regulations.

      4. 123. Directions.

      5. 124. General financial provision.

      6. 125. Interpretation.

      7. 126. Index of defined expressions.

      8. 127. General amendments and repeals.

      9. 128. Modifications of local enactments etc.

      10. 129. Transitional provisions etc.

    7. Final

      1. 130. Commencement.

      2. 131. Short title and extent.

  9. SCHEDULES

    1. SCHEDULE 1

      The Postal Services Commission

      1. Membership

        1. 1.(1) The Commission shall consist of the following members—

      2. Terms of appointment of members

        1. 2.(1) Subject to this Schedule, the appointed members of the...

        2. 3.(1) An appointment of a person to hold office as...

      3. Pay and remuneration of members

        1. 4.(1) The Commission shall, if required to do so by...

      4. Staff

        1. 5.(1) The Commission shall, after consulting the Secretary of State,...

      5. Committees

        1. 6.(1) The Commission may establish committees and any committee of...

      6. Proceedings etc.

        1. 7.(1) The Commission may regulate its own procedure (including quorum)....

        2. 8.(1) The application of the common seal of the Commission...

        3. 9.A document purporting to be duly executed under the seal...

      7. Delegation

        1. 10.(1) Anything authorised or required to be done by the...

      8. Supplementary powers

        1. 11.(1) The Commission has power to do anything (except borrow...

    2. SCHEDULE 2

      The Consumer Council for Postal Services

      1. Membership

        1. 1.(1) The Council shall consist of the following members—

      2. Committees

        1. 2.(1) A regional committee established under section 54(4)(a) and any...

        2. 3.(1) The Council shall not— (a) establish any committee under...

        3. 4.(1) The Council may establish other committees.

      3. Terms of appointment of members

        1. 5.Subject to this Schedule, the chairman of the Council, chairmen...

        2. 6.(1) A person holding office as chairman of the Council,...

      4. Pay and remuneration of members

        1. 7.(1) The Council shall pay the chairman and other members...

      5. Staff

        1. 8.(1) The Council shall, after consulting the Secretary of State,...

        2. 9.(1) The persons to whom section 1 of the Superannuation...

      6. Proceedings etc.

        1. 10.(1) The Council may regulate its own procedure (including quorum)....

        2. 11.(1) The application of the common seal of the Council...

        3. 12.A document purporting to be duly executed under the seal...

      7. Delegation

        1. 13.Anything authorised or required to be done by the Council...

      8. Supplementary powers

        1. 14.The Council has power to do anything (except borrow money)...

      9. Accounts and expenses

        1. 15.The Council shall comply with any notice given to it...

        2. 16.(1) The Council shall prepare, in respect of each financial...

        3. 17.The Secretary of State may pay such amounts in respect...

    3. SCHEDULE 3

      Transfer to the Post Office company: supplementary provisions

      1. General provisions as to vesting of property etc.

        1. 1.(1) Anything (including any legal proceedings) which, immediately before the...

      2. Pensions

        1. 2.(1) The Post Office company shall, on and after the...

        2. 3.Section 6(2) of the Commonwealth Telegraphs Act 1949 (which provides...

        3. 4.(1) Trustees appointed by the Post Office company shall hold...

      3. Welfare funds

        1. 5.(1) This paragraph applies to— (a) a fund (whether described...

      4. Third party rights relating to land

        1. 6.(1) No relevant land right shall operate or become exercisable...

      5. Other third party property rights

        1. 7.(1) This paragraph applies where— (a) any rights or liabilities...

      6. Requisitions on title as to Treasury consent

        1. 8.A person dealing with the Post Office company in respect...

      7. Vesting of foreign property etc.

        1. 9.(1) The Post Office and the Post Office company shall...

      8. Interpretation

        1. 10.The period of the continued existence of the Post Office...

    4. SCHEDULE 4

      Transfer to the Post Office company: tax

      1. Corporation tax: general

        1. 1.The Post Office company shall, on and after the appointed...

      2. Shares and other securities

        1. 2.Any share issued by the Post Office company or any...

        2. 3.Any security (other than a share) issued by the Post...

      3. Debt

        1. 4.Any debt assumed by the Post Office company under section...

      4. Transfer arrangements

        1. 5.The existence or exercise of the powers of the Secretary...

      5. Tax-free benefits

        1. 6.Nothing in this Part and nothing done under it shall...

      6. Assets acquired by the Post Office in 1969

        1. 7.The Act of 1992 shall apply in relation to a...

      7. Value added tax

        1. 8.The Post Office company shall, on and after the appointed...

      8. Stamp duty

        1. 9.No transfer effected by virtue of section 62 shall give...

    5. SCHEDULE 5

      Acquisition of land

      1. Part I Powers of acquisition etc

        1. England and Wales

          1. 1.(1) The Secretary of State may authorise a universal service...

        2. Scotland

          1. 2.(1) The Secretary of State may authorise a universal service...

        3. Northern Ireland

          1. 3.(1) Where a universal service provider proposes to acquire, otherwise...

      2. Part II Procedure, compensation etc (England and Wales)

        1. Application of Acquisition of Land Act 1981

          1. 4.(1) The Acquisition of Land Act 1981 shall apply to...

        2. New rights: Compulsory Purchase Act 1965

          1. 5.The Compulsory Purchase Act 1965 shall have effect with the...

        3. New rights: specific adaptations of 1965 Act

          1. 6.Without prejudice to the generality of paragraph 5, Part I...

          2. 7.For section 7 of that Act (measure of compensation) there...

          3. 8.In section 8 of that Act (protection for vendor against...

          4. 9.(1) The provisions of that Act referred to in sub-paragraph...

          5. 10.Section 11 of that Act (powers of entry) shall be...

          6. 11.Section 20 of that Act (protection for interests of tenants...

          7. 12.Section 22 of that Act (protection of acquiring authority’s possession...

        4. New rights: compensation

          1. 13.The enactments in force in England and Wales with respect...

      3. Part III Procedure, compensation etc (Scotland)

        1. Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

          1. 14.The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall...

        2. New rights: application of 1947 Act and incorporated enactments

          1. 15.The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947, and...

        3. New rights: specific adaptations of 1947 Act

          1. 16.Without prejudice to the generality of paragraph 15 above, Part...

          2. 17.In paragraph 9 of that Schedule (compulsory purchase affecting land...

          3. 18.In paragraph 10 of that Schedule (land of statutory undertakers)—...

          4. 19.In paragraph 11 of that Schedule (common or open space),...

          5. 20.Paragraph 3(1) of the Second Schedule to the Acquisition of...

          6. 21.For paragraph 4 of that Schedule (protection for owner against...

        4. New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act 1845

          1. 22.Without prejudice to the generality of paragraph 15 above, the...

          2. 23.For section 61 of that Act (estimation of compensation) there...

          3. 24.The following provisions of that Act (being provisions stating the...

          4. 25.Sections 114 (compensation to be made to tenants for a...

          5. 26.Sections 117 (protection of promoter of undertaking where by inadvertence...

        5. New rights: compensation

          1. 27.The enactments in force in Scotland with respect to compensation...

      4. Part IV Procedure, compensation etc (Northern Ireland)

        1. 28.For the purposes of the acquisition of land by means...

        2. 29.The modifications mentioned in paragraph 28 are—

        3. 30.The enactments for the time being in force relating to...

    6. SCHEDULE 6

      Further provisions relating to land

      1. Power to place post-boxes etc in streets

        1. 1.(1) A universal service provider may, for any purpose in...

      2. Entry on land for exploratory purposes

        1. 2.(1) A person authorised in writing by a universal service...

        2. 3.(1) A person authorised to enter upon any land under...

        3. 4.(1) Any person who intentionally obstructs a person acting in...

        4. 5.(1) If in the exercise of any power conferred by...

      3. Acquisition of land by agreement

        1. 6.For the purpose of the acquisition by agreement by a...

        2. 7.For the purpose of the acquisition by agreement by a...

        3. 8.For the purpose of the acquisition by agreement by a...

      4. Power to sell Duchy of Lancaster land

        1. 9.If a universal service provider proposes to acquire by agreement...

      5. Supplementary

        1. 10.Any land acquired by agreement by a universal service provider...

    7. SCHEDULE 7

      Disclosure of information

      1. Prohibition on disclosure

        1. 1.(1) This Schedule applies to information if—

      2. Disclosure with consent

        1. 2.Paragraph 1(2) does not apply to a disclosure made with...

      3. Other permitted disclosures

        1. 3.(1) Paragraph 1(2) does not apply to a disclosure made—...

        2. 4.The Secretary of State may by order modify paragraph 3....

      4. Other exceptions

        1. 5.(1) Paragraph 1(2) does not limit the information which may...

      5. Offence

        1. 6.(1) A person commits an offence if he discloses information...

    8. SCHEDULE 8

      Amendments of enactments

      1. Part I General amendments

        1. 1.(1) Any enactment which requires or authorises a document or...

        2. 2.(1) Any enactment which requires or authorises a document or...

        3. 3.(1) Any enactment which requires or authorises a document or...

        4. 4.(1) Any enactment which requires or authorises a document or...

        5. 5.(1) Any reference (however worded and including references which are...

        6. 6.(1) The Secretary of State may by order provide for...

        7. 7.(1) In this Part of this Schedule, “future enactment” means...

      2. Part II Other amendments

        1. Public Records Act 1958 (c.51)

          1. 8.In Schedule 1 to the Public Records Act 1958 (definition...

        2. Parliamentary Commissioner Act 1967 (c.13)

          1. 9.In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

          2. 10.In that Schedule to that Act the reference to the...

        3. Post Office Act 1969 (c.48)

          1. 11.In section 135(1) of the Post Office Act 1969 (remuneration...

        4. Pensions (Increase) Act 1971 (c.56)

          1. 12.In paragraph 3 of Schedule 3 to the Pensions (Increase)...

        5. Superannuation Act 1972 (c.11)

          1. 13.In Schedule 1 to the Superannuation Act 1972 (kinds of...

        6. House of Commons Disqualification Act 1975 (c.24)

          1. 14.(1) Schedule 1 to the House of Commons Disqualification Act...

          2. 15.In Part II of Schedule 1 to the Act of...

        7. Rates (Northern Ireland) Order 1977 (S.I.1977/2157 (N.I.28))

          1. 16.In paragraph 3(4) of Schedule 9A to the Rates (Northern...

        8. Representation of the People Act 1983 (c.2)

          1. 17.(1) Section 91 of the Representation of the People Act...

          2. 18.After section 200 of that Act there shall be inserted—...

        9. Mental Health Act 1983 (c.20)

          1. 19.(1) Section 134 of the Mental Health Act 1983 (correspondence...

        10. Insolvency Act 1986 (c.45)

          1. 20.In section 371(1) of the Insolvency Act 1986 (re-direction of...

        11. Local Government Finance Act 1988 (c.41)

          1. 21.In section 43(6D)(a) of the Local Government Finance Act 1988...

        12. Value Added Tax Act 1994 (c.23)

          1. 22.(1) The Value Added Tax Act 1994 shall be amended...

        13. Value Added Tax Regulations 1995 (S.I.1995/2518)

          1. 23.In regulation 2 of the Value Added Tax Regulations 1995...

        14. Criminal Procedure (Scotland) Act 1995 (c.46)

          1. 24.In section 11 of the Criminal Procedure (Scotland) Act 1995...

        15. Local Government and Rating Act 1997 (c.29)

          1. 25.In Schedule 2 to the Local Government and Rating Act...

        16. Northern Ireland Act 1998 (c.47)

          1. 26.For paragraph 7 of Schedule 3 to the Northern Ireland...

        17. Postal Services Regulations 1999 (S.I. 1999/2107)

          1. 27.In Regulation 2(1) of the Postal Services Regulations 1999 (designation...

    9. SCHEDULE 9

      Repeals and revocations

      1. Note: The repeal of section 52 of the Post Office...

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