General provisions as to transmission of postal packets
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8 Conditions of transit of postal packets.
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If any postal packet is posted or sent by post in contravention of this Act or of any . . . F4 regulation made thereunder, the transmission thereof may be refused and the packet may, if necessary, be detained and opened in the post office and may be returned to the sender thereof or forwarded to its destination, subject in either case to any . . . F4 regulations as to additional postage or other charges, or may be destroyed or otherwise disposed of as the F5Post Office may direct.
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10 Cash on delivery service.
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Where a cash on delivery packet is delivered in the British postal area . . . F8 without the sums payable in respect thereof having been paid, the F9Post Office may by notice in writing require the addressee within the time specified in the notice either to pay the said sums or to redeliver the packet intact to the F9Post Office, and if the addressee fails to comply with the notice the F9Post Office shall be entitled to recover the said sums . . . F8 from the addressee.
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C311 Prohibition on sending by post of certain articles.
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A person shall not send or attempt to send or procure to be sent a postal packet which—
a
save as the F10Post Office may either generally or in any particular case allow, encloses any explosive, dangerous, noxious or deleterious substance, any filth, any sharp instrument not properly protected, any noxious living creature, or any creature, article or thing whatsoever which is likely to injure either other postal packets in course of conveyance or F10a person engaged in the business of the Post Office; or
b
encloses any indecent or obscene print, painting, photograph, lithograph, engraving, cinematograph film, book, card or written communication, or any indecent or obscene article whether similar to the above or not; or
c
has on the packet, or on the cover thereof, any words, marks or designs which are grossly offensive or of an indecent or obscene character.
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If any person acts in contravention of the foregoing subsection, he shall be liable on summary conviction to a fine not exceeding F11£100 or on conviction on indictment to imprisonment for a term not exceeding twelve months.
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The F13detention by the Post Office of any postal packet on the grounds of a contravention of this section or of any regulations F14having effect by virtue thereof shall not exempt the sender thereof from any proceedings which might have been taken if the packet had been delivered in due course of post.
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C6C7C816F16 Application of customs Acts to postal packets. C5
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Subject to the provisions of this section, the enactments for the time being in force relating to F17customs or excise shall apply in relation to goods contained in postal packets to which this section applies brought into or sent out of the United Kingdom by post from or to any place outside the United Kingdom as they apply in relation to goods otherwise imported, exported or removed into or out of the United Kingdom from or to any such place.
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The Treasury, on the recommendation of the Commissioners of Customs and Excise and the F18Secretary of State, may by statutory instrument make regulations—
a
for specifying the postal packets to which this section applies;
b
for making modifications or exceptions in the application of the said enactments to such packets;
c
for enabling F19persons engaged in the business of the Post Office to perform for the purposes of the said enactments and otherwise all or any of the duties of the importer, exporter or person removing the goods;
C9d
for carrying into effect any arrangement with the government or postal administration of any other country with respect to foreign postal packets;
e
for securing the observance of the said enactments and, without prejudice to any liability of any person under those enactments, for punishing any contravention of the regulations;
and different regulations may be made for foreign and inland postal packets respectively.
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C1017 Power to detain postal packets containing contraband.
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Without prejudice to the last foregoing section, the F22Post Office may detain any postal packet suspected to contain any goods chargeable with any F23duty charged or imported goods (whether a customs or an excise duty) which has not been paid or secured or any goods in the course of importation, exportation or removal into or out of the United Kingdom, . . . F24 contrary to any prohibition or restriction for the time being in force with respect thereto under or by virtue of any enactment and may forward the packet to the Commissioners of Customs and Excise.
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Where any postal packet has been forwarded to the said Commissioners under this section they may—
a
in the presence of the person to whom the packet is addressed; or
b
if, after notice in writing from them requiring his attendance left at or forwarded by post to the address on the packet, the addressee fails to attend, or if the address on the packet is outside the British postal area, then in his absence,
open and examine the packet.
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Where the said Commissioners open and examine a postal packet under this section, then—
a
if they find any such goods as aforesaid they may detain the packet and its contents for the purpose of taking proceedings with respect thereto;
b
if they find no such goods, they shall either deliver the packet to the addressee upon his paying any postage and other sums chargeable thereon or, if he is absent, forward the packet to him by post.
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C1119 Post Office mark evidence of amount of postage, etc.
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The official mark of any sum on any postal packet as due in respect of that packet, whether the mark is the mark of the Post Office or of any other postal administration and whether the sum is marked as being due to the Postmaster-General or otherwise, shall in every court in the British postal area be sufficient proof of the liability of the packet to the sum so marked unless the contrary is shown, . . . F26
C122
In any proceedings for the recovery of postage or other sums due in respect of postal packets, the production of the packet in respect of which any such postage or sum is sought to be recovered having thereon a stamp or other endorsement of the Post Office or any other postal administration indicating that the packet has been refused or rejected or is unclaimed or cannot for any other reason be delivered, shall be sufficient proof of the fact indicated unless the contrary is shown.
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In any such proceedings as aforesaid, F27a certificate of the Post Office that any mark, stamp or endorsement is such a mark, stamp or endorsement as is mentioned in the foregoing provisions of this section shall be sufficient proof thereof unless the contrary is shown.
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In any such proceedings as aforesaid, the person from whom any postal packet in respect of which any postage or sum is sought to be recovered purports to have come shall, until the contrary is proved, be deemed to be the sender of the packet.