2011 No. 2085
The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to measures relating to postal services.
The Secretary of State makes paragraph 40 in Schedule 1 in exercise of the powers conferred by section 2(2) of that Act and makes all other provisions in this Order in exercise of the powers conferred by section 91(3) of the Postal Services Act 2011 M3.
1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 1006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).
Citation commencement and extent1
1
This order may be cited as the Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011.
2
This Order comes into force on 1st October 2011.
3
Any modification by this Order of an enactment has the same extent as the enactment modified.
References to statutory duty of the Post Office for the purpose of collecting or delivering letters.2
Any enactment which refers to the exercise of the statutory duty of the Post Office for the purpose of collecting or delivering mail is to be construed as if it made corresponding provision in relation to the exercise of the duty by a universal service provider within the meaning of Part 3 of the Postal Services Act 2011.
Modifications of the Post Office Extension Act 1856 and Post Office Railway Acts3
1
Article 2 of the Postal Services Act 2000 (Consequential Modifications to Local Enactments) Order 2003 M4 is revoked.
2
Any provision of the Post Office Extension Act 1865 M5, the Post Office (London) Railway Act 1913 M6 and the Post Office (Site and Railway) Act 1954 M7 which was in force immediately before this Order comes into force and contained references to the Post Office company (including references which have effect as such references) so far as necessary for preserving its effect on and after that day, is to have effect as if those references were references to a Royal Mail company.
3
Anything which by virtue of this article must be done by or in relation to a Royal Mail company, so far as the context permits, is to be taken as so done if it is done by or in relation to any of them.
4
In the Acts to which this article applies reference to the purpose or purposes of the Post Office is to be construed as references to the purpose or purposes of the businesses of a Royal Mail company so far as those businesses relate to the provision of postal services.
5
In this article a “Royal Mail company” has the same meaning as in Part 1 of the Postal Services Act 2011.
Postal Office Works Act 1959 and Post Office Subway Act 19664
1
Article 2 of the Postal Services Act (Consequential Modifications) Order 2003 M8 is revoked.
2
Any provision of the Post Office Works Act 1959 M9 or the Post Office Subway Act 1966 M10, which was in force immediately before the day on which this article comes into force and contained references to the Post Office company (including references which have effect as such references) so far as necessary for preserving its effect on and after that day, is to have effect as if those references were references to a Royal Mail company.
3
Anything which by virtue of this article must be done by or in relation to a Royal Mail company, so far as the context permits, is to be taken as done if it is done by or in relation to one of them.
4
In the Post Office Subway Act 1966 references to the purpose or purposes of the Royal Mail company are to be construed as references to the purpose or purposes of the businesses of a Royal Mail company so far as those businesses relate to the provision of postal services.
5
In this article, a “Royal Mail company” has the same meaning as in Part 1 of the Postal Services Act 2011.
Other amendments to enactments5
1
The amendments specified in Schedule 1 have effect.
2
The repeals and revocations specified in Schedule 2 have effect.
SCHEDULE 1AMENDMENTS
Agricultural Credits (Scotland) Act 19291
In section 9 of the Agricultural Credits (Scotland) Act 1929 M11 (interpretation) in the definition of “Bank” for paragraph (d) substitute “
a Post Office company within the meaning of Part 1 of the Postal Services Act 2011 in the exercise of its powers to provide banking services
”
.
Motor Vehicles and Road Traffic Act (Northern Ireland) 19302
In section 2(3) of the Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 M12
(conveyance of mails by public service vehicles), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Electoral Law Act (Northern Ireland) 19623
In section 130(1) of the Electoral Law Act (Northern Ireland) 1962 M13 in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Tees and Hartlepool Port Authority Act 19664
In section 81(1)(a)(iii) of the Tees and Hartlepool Port Authority Act 1966 M14 (Crown exemptions from charges), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Drainage Rates (Appeals) Regulations 19705
In regulation 5(4) of the Drainage Rates (Appeals) Regulations 1970 M15 (hereditaments occupied for purposes of extensive undertakings)—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Isle of Wight County Council Act 19716
In section 20 of the Isle of Wight County Council Act 1971 M16 (power to Council to assist industry), in paragraph (a) of the proviso—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Post Office Operational Land Regulations 19737
In regulation 2 of the Post Office Operational Land Regulations 1973 M17 for the words “the Postal Services Act 2000” where they occur substitute “
Part 3 of the Postal Services Act 2011
”
.
Walkways Regulations 19738
In regulation 1(2) of the Walkways Regulations 1973 M18 (commencement, citation and interpretation), in the definition of “universal service provider”—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Misuse of Drugs (Safe Custody) Regulations 19739
In regulation 5(2)(c) of the Misuse of Drugs (Safe Custody) Regulations 1973 M19 for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Morpeth Common Act 197410
In section 3 of the Morpeth Common Act 1974 M20 (protection of Morpeth Common) in subsection (3) of the proviso—
a
for “the meaning of the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Greater London Council (General Powers) Act 197411
In section 2 of the Greater London Council (General Powers) Act 1974 M21 (interpretation), in the definition of “statutory undertaker” for “the Post Office” substitute “
a universal service provider within the meaning of Part 3 of the Postal Services Act 2011
”
.
Solicitors (Northern Ireland) Order 197612
In Schedule 1, in paragraph 15(2) of the Solicitors (Northern Ireland) Order 1976 M22
(re-direction of postal packets) for “section 125(1) of the Postal Services Act 2000” substitute “
section 27 of the Postal Services Act 2011
”
.
West Midlands County Council Act 198013
In section 2 of the West Midlands County Council Act 1980 M23 (interpretation) in subsection (1) in the definition of “statutory undertakers”—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Derbyshire Act 198114
In section 2 of the Derbyshire Act 1981 M24 (interpretation) in the definition of “statutory undertakers”—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Parliamentary Writs Order 198315
In article 2 of the Parliamentary Writs Order 1983 M25 (interpretation), in the definition of “the relevant universal postal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Access to the Countryside (Northern Ireland) Order 198316
In article 2(2) of the Access to the Countryside (Northern Ireland) Order 1983 M26 (interpretation) in the definition of “statutory undertakers”—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Road Traffic Regulation Act 198417
In the first column of Schedule 5 to the Road Traffic Regulation Act 1984 M27 (buildings in relation to which a Secretary of State is the appropriate authority for purposes of section 74), for paragraph 6 substitute—
6
A building owned by—
a
a Post Office company (within the meaning of Part 1 of the Postal Services Act 2011), or
b
a company which is a universal service provider (within the meaning of Part 3 of that Act),
where (in each case) more than half of the company's issued share capital is owned by the Crown (within the meaning of Part 1 of that Act).
Postal Packets (Customs and Excise) Regulations 198618
1
The Postal Packets (Customs and Excise) Regulations 1986 M28 are amended as follows.
2
In regulation 2(a)—
a
for “ “post office”, “postal operator” and “registered post service” have the same meaning as in the Postal Services Act 2000” substitute “ “post office” and “registered post service” have the same meaning as in the Postal Services Act 2000”;
b
before the definition of “postal packet” insert “
“postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011
”
;
c
in the definition of “postal packet”—
i
for the words “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
ii
for “that Act” substitute “
that Part
”
.
3
In regulation 9(1) for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Mental Health (Northern Ireland) Order 198619
In article 16(8) of the Mental Health (Northern Ireland) Order 1986 M29
(correspondence of detained patients) for “the Postal Services Act 2000” substitute “
the Postal Services Act 2011
”
.
Road Vehicles (Construction and Use) Regulations 198620
In the table in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 M30 (interpretation) in the meaning specified in column 2 for the expression “public works vehicle” specified in column 1—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Insolvency Rules 198621
In form 6.80 in Schedule 4 to the Insolvency Rules 1986 M31 (order to Post Office), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
County of Cleveland Act 198722
In section 25(7A) of the County of Cleveland Act 1987 M32 (traffic regulation during carnivals etc.)—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Insolvency (Northern Ireland) Order 198923
1
The Insolvency (Northern Ireland) Order 1989 M33 is amended as follows.
2
In article 342(1) (re-direction of bankrupt's letters, etc.)—
a
for “given by section 125(1) of the Postal Services Act 2000” substitute “
of Part 3 of the Postal Services Act 2011
”
;
b
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
3
In paragraph 10(1) of Schedule 1A (Exceptions to prohibition on appointment of administrative receiver supplementary provisions)—
a
in sub-paragraph (d) for “given by section 4(3) and (4) of the Postal Services Act 2000 (c.26)” substitute “
of Part 3 of the Postal Services Act 2011 (c.5)
”
;
b
for sub-paragraph (e) substitute
e
by a Post Office company within the meaning of Part 1 of that Act; or
c
omit paragraph (f).
Nottingham Park Estate Act 199024
In section 16 of the Nottingham Park Estate Act 1990 M34 (local land charge)—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Planning (Northern Ireland) Order 199125
In article 2(2) of the Planning (Northern Ireland) Order 1991 M35 (interpretation), in the definition of “statutory undertaker”—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Town and Country Planning (General Permitted Development) (Scotland) Order 199226
1
The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 M36 is amended as follows.
2
In article 2(1) (interpretation) in the definition of “statutory undertaker”—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
3
In paragraph 43 of Schedule 1 (Classes of Permitted Development)—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Roads (Northern Ireland) Order 199327
In article 2(2)(a) of the Roads (Northern Ireland) Order 1993 M37 (interpretation) in the definition of “statutory undertaker”—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Value Added Tax Act 199428
1
The Value Added Tax Act 1994 M38 is amended as follows—
2
In Group 8 of Schedule 8 (zero-rating: transport), in Note (4E), in the definition of “universal service provider”, for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
3
In Group 3 of Schedule 9 (exemptions: postal services)—
a
omit Note (1);
b
in Note (2), for “a licence duty” substitute “
a specified condition
”
;
c
in Note (3), for the words from “postal facilities” to the end substitute “
postal network (within the meaning of section 38 of the Postal Services Act 2011) and which are required to be provided by a specified condition
”
;
d
in Note (4)(a), for “a licence” substitute “
a specified condition
”
;
e
in Note (5)—
i
for “a licence duty” substitute “
a specified condition
”
, and
ii
for “the licence” substitute “
the condition
”
;
f
for Note (6) substitute—
6
In this Group “specified condition” means a designated USP condition, a USP access condition or a transitory condition under paragraph 5 of Schedule 9 to the Postal Services Act 2011 which is imposed only on a universal service provider.
7
Any expression which is used in this Group and in Part 3 of the Postal Services Act 2011 has the same meaning in this Group as in that Part.
Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 199429
In the Schedule to the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 M39 (prescribed prosecuting authority)—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Town and Country Planning (General Permitted Development) Order 199530
1
The Town and Country Planning (General Permitted Development) Order 1995 M40 is amended as follows.
2
In article 1(2) (citation, commencement and interpretation) in the definition of “statutory undertaker”—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
3
In Part 17 of Schedule 2 (Development by statutory undertakers) in “Class J”—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Value Added Tax Regulations 199531
In regulation 2(1) of the Value Added Tax Regulations 1995 M41 (interpretation - general)—
a
in the definition of “datapost packet”—
i
for “the Post Office company” wherever it appears substitute “
a universal service provider
”
;
ii
for “that company” substitute “
that universal service provider
”
;
b
omit the definition of “the Post Office company”;
c
insert in the appropriate place—
“postal packet” has the same meaning as in Part 3 of the Postal Services Act 2011”;
“post office” has the same meaning as in section 125(1) of the Postal Services Act 2000”;
“universal service provider” means a person who provides a universal postal service (within the meaning of Part 3 of the Postal Services Act 2011) or part of such a service, in the United Kingdom”.
Public Service Vehicles (Operators' Licences) Regulations 199532
In regulation 25 of the Public Service Vehicles (Operators' Licences) Regulations 1995 M42 (Universal Service Providers)—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 199633
The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 M43 is amended as follows.
1
In article 2 of the Provisional Order contained within the Schedule—
a
in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
in the definition of “the universal service provider concerned” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Deregulation (Model Appeal Provisions) Order 199634
In paragraph 35(5) in the Schedule to the Deregulation (Model Appeal Provisions) Order 1996 M44 for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Reserve Forces Appeal Tribunals Rules 199735
In rule 35(2) of the Reserve Forces Appeal Tribunals Rules 1997 M45 (method of sending delivering or serving documents etc.) for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 199736
In regulation 4(2)(g) of the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 M46 (disapplication of the regulations)—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
National Lottery (Imposition of Penalties and Revocation of Licences) Procedure Regulations 199937
In regulation 19(2) of the National Lottery (Imposition of Penalties and Revocation of Licences) Procedure Regulations 1999 M47 (giving of notices) for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 199938
In regulation 36(2) of the Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 1999 M48 (method of sending, delivering or serving documents, etc.) for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Visiting Forces and International Headquarters (Application of Law) Order 199939
In article 7 of the Visiting Forces and International Headquarters (Application of Law) Order 1999 M49 (wireless telegraphy, postal service and telecommunications systems) omit paragraph (3).
Postal Services Regulations 199940
1
In regulation 2 of the Postal Services Regulations 1999 M50 (the national regulatory authorities), in paragraph (1) for “the Postal Services Commission” substitute “
the Office of Communications
”
.
2
Omit regulation 3 (The Postal Services Commission) which makes amendments which are superseded by the Postal Services Act 2011.
Data Protection (Notification and Notification Fees) Regulations 200041
In regulation 8(2) of the Data Protection (Notification and Notification Fees) Regulations 2000 M51 (date of entry in the Register) for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Information Tribunal (National Security Appeals) (Telecommunications) Rules 200042
1
The Information Tribunal (National Security Appeals) (Telecommunications) Rules 2000 M52 are amended as follows.
2
In rule 5(4) (time limit for appealing) for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
3
In rule 13(2) (withdrawal of appeal) for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
General Chiropractic Council (Health Appeal Tribunal) Rules Order 200043
In rule 8(11) of the Schedule to the General Chiropractic Council (Health Appeal Tribunal) Rules Order 2000 M53 documents and evidence), for “the Post Office or other postal operator” substitute “
a postal operator within the meaning of Part 3 of the Postal Services Act 2011
”
.
General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 200044
In rule 7(8) of the Schedule to the General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000 M54 (evidence), for “the Post Office or other postal operator” substitute “
a postal operator within the meaning of Part 3 of the Postal Services Act 2011
”
.
General Chiropractic Council (Health Committee) Rules Order of Council 200045
In rule 8(11) of the Schedule to the General Chiropractic Council (Health Committee) Rules Order of Council 2000 M55 (documents and evidence), for “the Post Office or other postal operator” substitute “
a postal operator within the meaning of Part 3 of the Postal Services Act 2011
”
.
Representation of the People (England and Wales) Regulations 200146
In regulation 64 of the Representation of the People (England and Wales) Regulations 2001 M56 (interpretation), in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Representation of the People (Scotland) Regulations 200147
In regulation 64 of the Representation of the People (Scotland) Regulations 2001 M57 (interpretation), in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 200148
In Schedule 2 to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 M58 (Disclosure of confidential information not subject to Directive restrictions), for the entry for the Postal Services Commission substitute—
Office of Communications | Its functions under the Postal Services Act 2011 |
Misuse of Drugs Regulations 200149
In regulation 6(7)(c) of the Misuse of Drugs Regulations 2001 M59 (General authority to supply and possess), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Loch Lomond and The Trossachs National Park Elections (Scotland) Order 200250
In article 32 of the Loch Lomond and The Trossachs National Park Elections (Scotland) Order 2003 M60 (Delivery of ballot papers)—
a
in paragraph (1)(a) for “universal postal service provider” substitute “
universal service provider within the meaning of Part 3 of the Postal Services Act 2011
”
;
b
in paragraph (2) for “universal postal service provider” substitute “
universal service provider
”
.
Traffic Signs Regulations and General Directions 200251
In paragraph 4(2) of Part 1 of Schedule 19 to the Traffic Signs Regulations and General Directions 2002 M61 (other exceptions), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Land Reform (Scotland) Act 200352
In the definition of “statutory undertaker” in section 32 of the Land Reform (Scotland) Act 2003 M62 (interpretation), in sub-paragraph (i) for “a universal postal service provider within the meaning of the Postal Services Act 2000 (c.26)” substitute “
a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c.5)
”
.
Northern Ireland Act 1998 (Designation of Public Authorities) Order 200353
In Schedule 1 to the Northern Ireland Act 1998 (Designation of Public Authorities) Order 2003 M63 (Bodies listed in Schedule 2 to the Parliamentary Commissioner Act 1967 and designated for the purposes of section 75 of the Northern Ireland Act 1998)—
a
for “Postal Services Commission” substitute “
the Office of Communications
”
;
b
omit the entry for “Consumer Council for Postal Services”.
Cairngorms National Park Elections (Scotland) Order 200354
In article 34 of the Cairngorms National Park Elections (Scotland) Order 2003 M64 (Delivery of ballot papers)—
a
in paragraph (1)(a) for “universal postal service provider” substitute “
universal service provider within the meaning of Part 3 of the Postal Services Act 2011
”
;
b
in paragraph (2) for “universal postal service provider” substitute “
universal service provider
”
.
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 200355
F1In paragraph 7(1)(a) of Schedule 3 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 M65 (Exclusion of Section 4(2)(a) and (b) of the Act) for “the Post Office Corporation” substitute “a universal service provider within the meaning of Part 3 of the Postal Services Act 2011”.
Greater London Authority Elections (Election Addresses) Order 200356
1
The Greater London Authority Elections (Election Addresses) Order 2003 M66 is amended as follows.
2
In article 2(1) (interpretation) omit the definition of “universal postal service provider”.
3
In article 9 (distribution of election booklets), for paragraph (2) substitute “
(2) The election booklets shall be delivered by a postal operator within the meaning of Part 3 of the Postal Services Act 2011.
”
.
Customs (Contravention of a Relevant Rule) Regulations 200357
In the Schedule to the Customs (Contravention of a Relevant Rule) Regulations 2003 M67, in the entry in column 2 for Regulation 9 of the Postal Packets Regulations relating to a universal service provider, for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Nature Conservation (Scotland) Act 200458
In section 58(1) of the Nature Conservation (Scotland) Act 2004 M68 (interpretation), for paragraph (h) in the definition of “statutory undertaker”, substitute—
h
a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c.5).
Antisocial Behaviour etc. (Scotland) Act 200459
In section 8(8) of the Antisocial Behaviour etc. (Scotland) Act 2004 M69 (notification of making etc. of orders and interim orders) for “section 125(1) of the Postal Services Act 2000 (c.26)” substitute “
section 27 of the Postal Services Act 2011 (c.5)
”
.
European Parliamentary Elections Regulations 200460
1
The European Parliamentary Elections Regulations 2004 M70 are amended as follows.
2
In regulation 2(1) (interpretation), in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
3
In regulation 63(6) (candidates right to serve election address post free), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
4
In regulation 122(2) (services of notices), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
5
In regulation 124(5) (remuneration for free postal services provided under the Regulations), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Regional Assembly and Local Government Referendums Order 200461
In Schedule 1 to the Regional Assembly and Local Government Referendums Order 2004 M71 (The Regional Assembly and Local Government Referendum Rules), in rule 1(1) in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
European Parliamentary Elections (Northern Ireland) Regulations 200462
1
The European Parliamentary Elections (Northern Ireland) Regulations 2004 M72 are amended as follows.
2
In regulation 2 (interpretation) in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
3
In regulation 58(5) (candidates right to send election address post free), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
4
In regulation 111(2) (service of notices), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
5
In regulation 113(4) (remuneration for free postal services provided under the Regulations), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
6
In Schedule 2 Part II paragraph 15 (interpretation of Part 2), in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011.
”
.
Business Improvement Districts (England) Regulations 200463
In Schedule 2 to the Business Improvement Districts (England) Regulations 2004 M73 for paragraph 10(4) (procedure on issue of ballot paper), substitute —
4
For the purpose of delivering the ballot papers the ballot holder may use a postal operator within the meaning of Part 3 of the Postal Services Act 2011.
Business Improvement Districts (Wales) Regulations 200564
In Schedule 2 to the Business Improvement Districts (Wales) Regulations 2005 M74 (procedure on issue of ballot paper) for paragraph 10(4), substitute—
4
For the purpose of delivering the ballot papers the ballot holder may use a postal operator within the meaning of Part 3 of the Postal Services Act 2011.
Police, Public Order and Criminal Justice (Scotland) Act 200665
In section 67(3) (service of documents) and section 87(6) (date, time and place of assessment) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 M75, for “section 125(1) of the Postal Services Act 2000 (c.26)” substitute “
section 27 of the Postal Services Act 2011 (c.5)
”
in each case.
Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 200666
In rule 4 (interpretation and notices) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 M76, in the definition of “universal service provider”—
a
for “section 4 of the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Water and Sewerage Services (Northern Ireland) Order 200667
In Schedule 10 to the Water and Sewerage Services (Northern Ireland) Order 2006 M77
(protective provisions in respect of certain undertakings), in paragraph 1(4)(c) of Part 1, for “universal postal provider within the meaning of the Postal Services Act 2000 (c.26)
” substitute “
universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c.5)
”
.
Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 200768
In regulation 2(1) of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007 M78 (interpretation) in the definition of “universal postal service provider” for “section 4(3) (provision of a universal postal service: meaning) of the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Business Improvement Districts (Scotland) Regulations 200769
In Schedule 2 of the Business Improvement Districts (Scotland) Regulations 2007 M79 for paragraph 10(4) (procedure on issue of ballot paper), substitute—
4
For the purpose of delivering the ballot papers, the ballot holder may use a postal operator within the meaning of Part 3 of the Postal Services Act 2011.
National Assembly for Wales (Representation of the People) Order 200770
1
The National Assembly for Wales (Representation of the People) Order 2007 M80 is amended as follows.
2
In article 2(1) (interpretation) in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
3
In article 136(2) (service of notices), for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 200771
In regulation 3(1) of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007 M81 (interpretation), in the definition of “universal postal service provider” for “in terms of the Postal Services Act 2000” substitute “
within the meaning of Part 3 of the Postal Services Act 2011
”
.
Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 200772
In Schedule 4 to the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 M82, in column 1 of paragraph 9—
a
for “section 4 of the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “section 4 of that Act” substitute “
that Part
”
.
Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 200773
In the Schedule to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007 M83, in the entry in column 1 relating to a universal service provider—
a
for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
;
b
for “that Act” substitute “
that Part
”
.
Legislative Reform (Health and Safety Executive) Order 200874
In Schedule 3 to the Legislative Reform (Health and Safety Executive) Order 2008 M84 (amendments) omit the amendments to the Postal Services Act 2000 which are superseded by the Postal Services Act 2011.
Consumer Protection from Unfair Trading Practices Regulations 200875
In Schedule 2 to the Consumer Protection from Unfair Trading Practices Regulations 2008 M85 (amendments), omit paragraph 60 (amendments to the Postal Services Act 2000) which is superseded by the Postal Services Act 2011.
Representation of the People (Northern Ireland) Regulations 200876
In section 70 of the Representation of the People (Northern Ireland) Regulations 2008 M86 (interpretation of Part 5), in the definition of “universal postal service provider” for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Non-Domestic Rating (Small Business Relief) (Wales) Order 200877
In article 2 of the Non-Domestic Rating (Small Business Relief) (Wales) (Order) 2008 M87 (interpretation), in the definition of “post office” for “section 42(3) of the Postal Services Act 2000” substitute “
section 125(1) of the Postal Services Act 2000
”
.
Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 200978
In regulation 11 of the Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 2009 M88 (interpretation), in the definition of “universal postal service provider” for “section 4(3) of the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Companies (Disclosure of Address) Regulations 200979
In Schedule 1 to the Companies (Disclosure of Address) Regulations 2009 M89 (specified public authorities), for “the Postal Services Commission” substitute “
the Office of Communications
”
.
Health Board Elections (Scotland) Regulations 200980
In Part 6 (voting packs and ballot papers) of the Schedule to the Health Board Elections (Scotland) Regulations 2009 M90, (Health Board election rules), in paragraph 21(5)(a), for “section 4(3) and (4) of the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Proceeds of Crime Act 2002 (References to financial investigators) Order 200981
1
The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 M91 is amended as follows.
2
In article 1(2)—
a
insert after the definition of “
Police Service of Northern Ireland
”
“the Post Office” means the company Post Office Limited (registered number 2154540);”
- b
in the definition of “the Royal Mail” for “Royal Mail Group Plc (registered number 4138203)” substitute
“ Royal Mail Group Limited (registered number 4138203); ”
.
3
In Schedule 1—
a
insert “
the Post Office
”
in the appropriate place in column 2 in relation to England and Wales in the description specified of an accredited financial investigator against the entry in column 1 for :
i
Section 42(2)(c) (application for restraint order under Part 2);
ii
Section 45(3) (seizure of property to which restraint order applies under Part 2);
iii
Section 68 (3)(c) (authorisation for application for restraint order under Part 2);
iv
Section 303A(1) (recovery of cash in summary proceedings under Chapter 3 of Part 5);
v
Section 352(7) (appropriate persons for the purpose of search and seizure warrants in confiscation, money laundering, civil recovery or detained cash investigation under Part 8);
vi
Section 353(11) (appropriate person for purposes where production order is not available for the purpose of a confiscation, money laundering, civil recovery or detained cash investigation under Part 8);
b
insert “
the Post Office
”
in the appropriate place in column 2 in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for Section 191(2)(c) (application for restraint order under Part 4);
c
insert “
the Post Office
”
in the appropriate place in column 2 in each case in relation to England and Wales and in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for:
i
Section 378(1)(b) (appropriate officers for the purposes of confiscation investigations under Part 8);
ii
Section 378(4)(a) (appropriate officers for the purposes of money laundering investigations);
d
insert “
the Post Office and is not below the grade of broadband 3
”
in the appropriate place in column 2 in relation to England and Wales in the description specified of an accredited financial investigator against the entry in column 1 for—
i
Section 68(3)(c) (authorisation for application for restraint order under Part 2);
ii
Section 290(4)(c) (prior approval for search of cash under Chapter 3 of Part 5);
e
insert “
the Post Office and is not below the grade of broadband 3
”
in the appropriate place in column 2 in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for Section 216(3)(c) (authorisation for application for restraint order under Part 4);
f
insert “
the Post Office and is not below the grade of broadband 3
”
in the appropriate place in column 2 in each case in relation to England and Wales and in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for:
i
Section 378(2)(d) (senior appropriate officers for the purposes of confiscation investigations);
ii
Section 378(6)(c) (senior appropriate officers for the purposes of money laundering investigations).
Overseas Companies Regulations 200982
In Schedule 1 to the Overseas Companies Regulations 2009 M92 (Specified public authorities), for “the Postal Services Commission” substitute “
the Office of Communications
”
.
Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 200983
In Schedule 1 to The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 M93 (consequential amendments), omit paragraphs 183(2) and (3) (amendments to the Postal Services Act 2000) which have been superseded by the Postal Services Act 2011.
Regulation of Investigatory Powers (Communications Data) Order 201084
1
The Regulation of Investigatory Powers (Communications Data) Order 2010 M94 is amended as follows.
2
In article 6—
a
in paragraph (1) for “paragraphs (2) to (7)” substitute “
paragraphs (2) to (4), and (7)
”
;
b
omit paragraphs (5) and (6).
3
In Schedule 2 (Offices, ranks and positions in additional relevant public authorities specified by this Order)—
a
in Part 1 in the entry for Royal Mail Group Ltd in column 1 for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
4
Omit Part 3.
Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 201085
In the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 M95 (Prescribed Offices etc. in Relevant Public Authorities and Restrictions on Authorisations) in Part 2—
a
omit the entry for the Postal Services Commission;
b
in column 1 in the entry for a universal service provider, for “the Postal Services Act 2000” substitute “
Part 3 of the Postal Services Act 2011
”
.
Scottish Parliament (Elections etc.) Order 201086
F2In article 2(1) of the Scottish Parliament (Elections etc.) Order 2010 M96 (interpretation), in the definition of “universal postal service provider”, for “section 4(3) of the Postal Services Act 2000 (provision of universal postal service: meaning)” substitute “Part 3 of the Postal Services Act 2011.”.
SCHEDULE 2REPEALS AND REVOCATIONS
Reference | Short title or title | Extent of repeal or revocation |
---|---|---|
1994 c.23 | Value Added Tax Act 1994 | In Schedule 9 Group 3 note (1) |
S.I. 1989/2405 | Insolvency (Northern Ireland) Order 1989 | In Schedule 1A paragraph 10(1)(f) |
S.I. 1999/1736 | Visiting Forces and International Headquarters (Application of Law) Order 1999 | In article 7 paragraph (3) |
S.I. 1999/2107 | Postal Services Regulations 1999 | Regulation 3 |
S.I. 2001/260 | Postal Services Commission (Register) Order 2001 | The whole Order |
S.I. 2002/3050 | Postal Services (EC Directive) Regulations 2002 | The whole Regulations |
S.I. 2003/55 | Northern Ireland Act 1998 (Designation of Public Authorities) Order 2003 | In Schedule 1 “Consumer Council for Postal Services” |
S.I. 2003/1542 | Postal Services Act 2000 (Consequential Modifications to Local Enactments) Order 2003 | Article 2 |
S.I. 2003/1907 | Greater London Authority Elections (Election Addresses) Order 2003 | In article 2(1) the definition of “universal postal service provider” |
S.I. 2003/2908 | Postal Services Act 2000 (Consequential Modifications) Order 2003 | Article 2 |
S.I. 2008/960 | Legislative Reform (Health and Safety Executive) Order 2008 | In Schedule 3 the amendments to the Postal Services Act 2000 |
S.I. 2008/1277 | Consumer Protection from Unfair Trading Practices Regulations 2008 | In Schedule 2 paragraph 60 |
S.I. 2008/2267 | Postal Services Regulated Providers (Redress Scheme) Order 2008 | The whole Order |
S.I. 2008/2355 | Postal Services (Consumer Complaints Handling Standards) Regulations 2008 | The whole Regulations |
S.I. 2009/1941 | Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 | In Schedule 1 paragraphs 183(2) and (3). |
S.I. 2010/480 | Regulation of Investigatory Powers (Communications Data) Order 2010 | Article 6(5) and (6); Part 3 of Schedule 2 |
S.I. 2010/521 | Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 | In Part 2 of Schedule 2 the words “Postal Services Commission” |
S.I. 1998/1750.