C6Part III The new Authority for the Conduct of postal and telegraphic Business
The Post Office
6 The Post Office.
1
There shall be established a public authority, to be called the Post Office, which shall have such powers and duties as are conferred and imposed on it by, or by virtue of, the following provisions of this Act; F1. . .
2
The Post Office shall consist of a chairman and, to a number not exceeding F2nineteen nor falling short of—
a
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
six, F1. . .
of other members, whether part-time or full-time.
2A
F43
The chairman of the Post Office shall be appointed by the Minister, and the other members of the Post Office shall be appointed by the Minister after consultation with the chairman.
4
Schedule 1 to this Act shall have effect as respects the Post Office and the members thereof.
5
It is hereby declared that the Post Office is not to be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown, or (subject to the express provisions of this Act relating to stamp duty) as exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local, and that its property is not to be regarded as property of, or property held on behalf of, the Crown.
Powers and Duties of the Post Office
F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F7
F810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of the Minister of Posts and Telecommunications over the Post Office
F911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F11
The Post Office Users’ Councils
F1214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Provisions as to Transfer to the Post Office of Property, Rights and Liabilities of the Postmaster General
F1416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F15
F1618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F17
Transfer to the Post Office of the Postmaster General’s statutory Rights and Liabilities as to Mails and Telegraphs and of Rights and Liabilities, &c., of his under certain Acts authorising the Acquisition of Land or the Execution of Works
20 Rights and liabilities as to conveyance of mails.
1
On the appointed day—
F18a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19b
the rights which, by virtue of sections 33, 34, 36(1) and 42 of the principal Act (which contain provisions enabling him to compel railway undertakers to undertake the conveyance of mail-bags by train and by ships which are owned or worked by them or in the case of which they are parties to arrangements for the use, maintenance or working thereof) he enjoys immediately before that day and the countervailing obligations with respect to payment of remuneration for services performed which, immediately before that day, are, by virtue of sections 35 and 36(2) of the principal Act, incumbent on him shall become those of the Post Office;
F18c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19d
the obligation to him which, by virtue of subsection (1) of section 38 of the principal Act, is, immediately before that day, incumbent on railway undertakers to perform services with respect to the conveyance of mail-bags and the other matters mentioned in that subsection and the right which, by virtue of subsection (2) of that section, they enjoy, immediately before that day, to receive from him remuneration for services performed shall respectively become an obligation to the Post Office and a right against it.
F202
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F21
22 Rights and liabilities, &c., arising out of Acts authorising the acquisition of land or the execution of works.
1
Any provision of the Sites Acts, the M1Post Office Extension Act 1865, the M2Manchester Post Office Act 1876, the M3Post Office (London) Railway Act 1913, the M4Post Office (Site and Railway) Act 1954, the M5Post Office Works Act 1959 or the M6Post Office Subway Act 1966 which is in force immediately before the appointed day and contains references to the Postmaster General shall, so far as necessary for preserving its effect on and after that day, have effect as from that day as if those references were references to the Post Office.
2
As from the appointed day, any rights or powers vested in, or exercisable by, the Post Office under the enactments relating to telegraphs in respect of works of any kind whatsoever executed under those enactments shall extend to, and may be exercised by it in respect of, the portions of the tube constructed by the Pneumatic Despatch Company, Limited, that vest in the Post Office by virtue of section 16 of this Act.
C13
Section 20 of the M7Bristol Cattle Market Act 1930 (which empowers the Postmaster General, amongst others, to enter into and carry out agreements with reference to any of the matters referred to in that Act or the agreements mentioned in that section) shall, as from the appointed day, have effect with the substitution, for the reference to the Postmaster General, of a reference to the Post Office.
4
Section 16 of the M8City of London (Various Powers) Act 1950 (which provides for the continuance of the making, by the Postmaster General, the Mayor and commonalty and citizens of the city of London acting by the common council and the Mercers’ Company of certain periodic payments to the incumbents and clerks of certain benefices in the city, being payments originally required to be made under enactments repealed by that Act) shall, as from the appointed day, have effect as if, in Schedule 1 to that Act, for references to the Postmaster General, there were substituted references to the Post Office; and the rights of indemnity in favour of the Postmaster General that are saved by the proviso to section 18 of that Act shall, as from that day, enure for the benefit of the Post Office and the charges on property to secure the payment of money payable to the Postmaster General in respect of indemnities so saved which are themselves also saved by that proviso shall, as from that day, have effect accordingly.
5
The reference in subsection (1) above to the Sites Acts is a reference to the Acts passed during the years 1885 to 1938 (both inclusive) the short title of each of which consists of the words “The Post Office (Sites) Act” followed by the year in which it was passed.
23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F22
Charges and other Terms and Conditions applicable to Services
F2328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Limitation of Liability
F2429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2530. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Finance
31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F26
F2733. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F28
35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F29
F3037. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Banking
F3340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3441. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F35
Pensions and other Benefits
F3643. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3744. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F38
F3946. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4047. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49 Provisions as to pensions of former employees of Cable and Wireless Limited and certain other persons. C2
1
The Minister may, by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament) make, with the consent of F42the Treasury, such regulations with respect to the payment of pensions to, or in respect of, persons who, at the passing of this Act are serving in the department of the Postmaster General, being—
a
persons who have pension rights under any of the following schemes, that is to say, the existing pension schemes, the scheme for the payment of pensions commonly known as the Cable and Wireless Pension Fund (being a scheme subsisting by virtue of regulations made under section 6 of the M9Commonwealth Telegraphs Act 1949) and the scheme for the payment of pensions commonly known as the Cable and Wireless Staff Dependants’ Fund (being a scheme so subsisting); or
b
persons, other than as aforesaid, who have been in the employment of Cable and Wireless Limited;
as appear to him to be requisite for securing that they, and persons claiming in right of them, are not adversely affected in the matter of pension rights by reason only that, in consequence of this Act, they cease to serve in that department.
2
Subsections (2) to (4), (7) and (8) of the said section 6 shall apply for the purposes of this section as if references to that section and subsection (1) thereof included references to the foregoing subsection, as if, for references to the existing pension schemes (except in subsection (8)), there were substituted references to the schemes mentioned in subsection (1)(a) above, and as if, in subsection (7), for the reference to 1st January 1947 there were substituted a reference to the day on which this Act passes; and subsection (5) of that section shall, in its application to subsection (2)(a), as applied by this section, have effect as if, for the references to the purposes of any of the existing pension schemes, there were substituted a reference to the purposes of any of the schemes so mentioned.
3
Regulations under this section may amend or revoke provisions of regulations under the said section 6.
50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F43
51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F44
Rating
52F45
53F46
54F47
Lands
F4855. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4956. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5057. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5360. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5461. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5562. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous Matters
F5764. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F58
F5966. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6067. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F61
F6269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6370. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6471. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6572. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6673. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74 Taxation of the Post Office’s profits and capital gains.
1
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
75 Records.
1
The M11Public Records Act 1958 shall, as from the appointed day, have effect as if the Post Office were included amongst the bodies and establishments set out in Part II of the Table at the end of paragraph 3 of Schedule 1 to that Act.
F702
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76 Consequential adaptations of enactments.
The provisions of Schedule 4 to this Act shall have effect for adapting the provisions of the enactments and Orders in Council therein mentioned in consequence of the assumption by the Post Office of functions which, before the appointed day, are exercised and performed by the Postmaster General.
F7177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F72
F7379. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7480. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F76
83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F77
F7884. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F79
86 Interpretation of Part III.
C3C4C51
In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
2
3
F95F964
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87 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.
1
In the event of the conclusion of any such agreement as follows, namely,—
a
an agreement between the Minister and the Government of the Isle of Man providing for either or both of the following, namely,—
i
the surrender by the Post Office, as regards that Isle, of the privilege conferred on the Post Office by F97section 66(1) of the British Telecommunications Act 1981 and the administration in that Isle of postal services by, or under the authority of, that government instead of by the Post Office;
ii
F98b
an agreement between the Minister and the States of Jersey providing for either or both of the following, namely,—
i
the surrender by the Post Office, as regards the Bailiwick of Jersey, of the privilege conferred on the Post Office by F97the said section 66(1) and the administration in that Bailiwick of postal services by, or under the authority of, the States instead of by the Post Office;
ii
F99c
an agreement between the Minister and the States of Guernsey providing for either or both of the following, namely,—
i
the surrender by the Post Office, as regards the Bailiwick of Guernsey, of the privilege conferred on the Post Office by F97the said section 66(1) and the administration in that Bailiwick of postal services by, or under the authority of, the States instead of by the Post Office;
ii
F100Her Majesty may by Order in Council make such provision as it appears to Her requisite or expedient to make in order to enable effect to be given to the agreement or in consequence of the conclusion thereof, including in particular, provision for the amendment or repeal of enactments (including enactments contained in this Act) or other instruments.
2
The power conferred by the foregoing subsection on Her Majesty to make an Order in Council shall include power, exercisable in like manner, to vary or revoke an Order in Council made in exercise of that power.
Pt. III (ss. 6–88) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(c)