Postal Services Act 2000 (c. 26)

SCHEDULES

Section 62(6).

SCHEDULE 3 U.K. Transfer to the Post Office company: supplementary provisions

General provisions as to vesting of property etc. U.K.

1 (1) Anything (including any legal proceedings) which, immediately before the appointed day, is in the process of being done by or in relation to the Post Office may, so far as it relates to anything transferred by virtue of section 62, be continued by or in relation to the original holding company. U.K.

(2) Anything done (or having effect as if done) by or in relation to the Post Office for the purposes of or in connection with anything transferred by virtue of section 62 shall, if in force immediately before the appointed day, have effect as if done by or in relation to [F1 the original holding company] in so far as that is required for continuing its effect on or after the appointed day.

(3) The transfer effected by virtue of section 62 does not affect the validity of anything done (or having effect as if done) by or in relation to the Post Office before the appointed day.

(4) Any agreement (whether or not in writing), or any document other than an agreement or enactment, which was made before the appointed day shall have effect, so far as may be necessary for the purposes of, or in consequence of, the transfer effected by virtue of section 62 as if—

(a) any references (including references which are to be construed as such references) to the Post Office were references to [F1 the original holding company], and

(b) any references (including references which are to be construed as such references) to an employee or other person serving the Post Office in a specified capacity were references to such a person as [F1 the original holding company] may appoint or, in default of appointment, to a person with corresponding functions serving [F1 the original holding company].

(5) The Secretary of State may by order provide for any provision of sub-paragraphs (1) to (4) not to apply, or to apply with modifications, in such cases or descriptions of case as he considers appropriate.

(6) Sub-paragraphs (1) to (4) are subject to any provision made by or under this Act.

Textual Amendments

F1 Words in Sch. 3 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(3); S.I. 2011/2329, art. 3

Pensions U.K.

2 (1) [F1 The original holding company] shall, on and after the appointed day, be liable to make payments of the same descriptions as the descriptions of payments which, immediately before that day, the Post Office was liable to make under sections 44 and 46 of the M1 Post Office Act 1969 (pension payments for certain former civil servants). U.K.

(2) Sub-paragraph (1) is without prejudice to the generality of the transfer effected by virtue of section 62.

Textual Amendments

F1 Words in Sch. 3 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(3); S.I. 2011/2329, art. 3

Marginal Citations

M1 1969 c. 48.

3 U.K. Section 6(2) of the M2 Commonwealth Telegraphs Act 1949 (which provides for the making of regulations with respect to the payment of pensions to, or in respect of, employees of Cable and Wireless Limited) shall have effect as if, in paragraph (c) and sub-paragraphs (iv), (v) and (vi) of paragraph (d), references which include references to the successor company (within the meaning of the M3 Telecommunications Act 1984) included references to [F1 the original holding company].

Textual Amendments

F1 Words in Sch. 3 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(3); S.I. 2011/2329, art. 3

Marginal Citations

M2 1949 c. 39.

M3 1984 c. 12.

4 (1) Trustees appointed by [F1 the original holding company] shall hold moneys held immediately before the appointed day by virtue of section 47(10) of the M4 Post Office Act 1969 (moneys paid to the Post Office to meet certain pension liabilities), and any sums accruing as a result of the investment of such money, on such relevant trusts as [F1 the original holding company] may declare. U.K.

(2) For the purposes of sub-paragraph (1)—

(a) the persons who were trustees appointed by the Post Office for the purposes of section 47 of the Act of 1969 immediately before the appointed day shall be treated, on and after that day, as if they are the first trustees appointed by [F1 the original holding company], and

(b) the trusts (as modified by paragraph 1 of this Schedule and with the substitution of references to paragraph 2 of this Schedule for references to sections 44 and 46 of the Act of 1969) on which the moneys were held by them immediately before the appointed day for the purposes of section 47 of the Act of 1969 shall be treated, on and after the appointed day, as if they are the first relevant trusts declared by [F1 the original holding company].

(3) Subject to that, for the purposes of sub-paragraph (1), trusts are relevant trusts if their objects consist in—

(a) the payment, or the making of provision for the payment, of pensions, allowances and gratuities to, or in respect of, such persons engaged in the business of [F1 the original holding company] or any company associated with [F1 the original holding company] as may be specified in the trusts, and

(b) the reimbursement of [F1 the original holding company] for sums paid under paragraph 2,

and include the objects of the first relevant trusts.

Textual Amendments

F1 Words in Sch. 3 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(3); S.I. 2011/2329, art. 3

Marginal Citations

M4 1969 c. 48.

Welfare funds U.K.

5 (1) This paragraph applies to— U.K.

(a) a fund (whether described as a welfare fund, benevolent fund, mutual aid fund or otherwise) whose objects consist in, or include, the provision of benefits in case of need, sickness or distress for Post Office beneficiaries, and

(b) a society or organisation (however described) whose objects are similar.

(2) In sub-paragraph (1) “Post Office beneficiaries” means any or all of the following persons—

(a) persons who are, or have been, engaged in the business of the Post Office,

(b) the relatives or dependants of such persons.

(3) The provisions of the trust deed, rules, regulations or other instrument constituting or regulating a fund, society or organisation to which this paragraph applies may, by resolution of the managers of the fund, society or organisation, be altered as mentioned in sub-paragraph (4).

(4) The provisions may be altered so as—

(a) to permit persons who are, or have been, engaged in the business of [F1 the original holding company], or such persons of a particular description, to become members of, or subscribers to, the fund, society or organisation,

(b) to entitle such persons, or such persons of a particular description, and persons claiming in right of them, to receive benefits from the fund, society or organisation (subject to any terms and conditions specified in the resolution) if, and to the extent that, they would be entitled to receive benefits from it if being engaged in the business of [F1 the original holding company] were being engaged in the business of the Post Office.

(5) No alteration may be made that alters the character of the fund, society or organisation.

(6) If a resolution of the managers of a fund, society or organisation to which this paragraph applies so provides—

(a) any references in the trust deed, rules, regulations or other instrument constituting or regulating the fund, society or organisation to the Post Office shall be construed as references (or, if the context so requires, as including references) to [F1 the original holding company], and

(b) any references in that instrument to persons engaged in the business of the Post Office or persons of a particular description so engaged shall be construed as references (or, if the context so requires, as including references) to persons engaged in the business of [F1 the original holding company] or (as the case may be) persons of a corresponding description so engaged.

(7) In this paragraph “managers” in relation to a fund, society or organisation, means the trustees, committee or other persons entrusted with its management.

Textual Amendments

F1 Words in Sch. 3 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(3); S.I. 2011/2329, art. 3

Third party rights relating to land U.K.

6 F2 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

(2) In this paragraph “relevant land right” means any of the following rights relating to land—

(a) a right of reverter (or, in Scotland, the right of the fiar on the termination of a liferent),

(b) a right of pre-emption,

(c) a right of forfeiture,

(d) a right of re-entry,

(e) a right of irritancy,

(f) an option, and

(g) a right similar to anything falling within paragraphs (a) to (f).

(3) A relevant land right shall have effect, in the case of the transfer effected by virtue of section 62, as if—

(a) [F1 the original holding company] were the same person in law as the Post Office, and

(b) no transfer of the land had taken place.

(4) Such compensation as is just shall be paid by [F1 the original holding company] to any person in respect of any relevant land right which would, apart from sub-paragraphs (1) to (3), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those sub-paragraphs, cannot subsequently operate in his favour or (as the case may be) become exercisable by him.

(5) Any dispute as to whether, or how much, compensation is payable or about the person to whom it is payable shall be referred to and determined by—

(a) an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),

(b) an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or

(c) an arbitrator appointed by the [F3 Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland] (if the proceedings are to be held in Northern Ireland).

Textual Amendments

F1 Words in Sch. 3 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(3); S.I. 2011/2329, art. 3

F2 Sch. 3 para. 6(1) omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(2); S.I. 2011/2329, art. 3

F3 Words in Sch. 3 para. 6(5)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4) , s. 148(1) , Sch. 4 para. 292(2) ; S.I. 2006/1014 , art. 2(a) , Sch. 1 para. 11(x)

Other third party property rights U.K.

F4 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 3 para. 7 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(2); S.I. 2011/2329, art. 3

Requisitions on title as to Treasury consent U.K.

8 U.K. A person dealing with [F1 the original holding company] in respect of land transferred to it by virtue of section 62 shall not be bound or entitled to inquire whether the consent of the Treasury to any previous dealing with the land was needed or whether, if it was, it was given.

Textual Amendments

F1 Words in Sch. 3 substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(3); S.I. 2011/2329, art. 3

Vesting of foreign property etc. U.K.

F5 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 3 para. 9 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(2); S.I. 2011/2329, art. 3

Interpretation U.K.

F6 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 3 para. 10 omitted (1.10.2011) by virtue of Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 52(2); S.I. 2011/2329, art. 3