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SCHEDULES

SCHEDULE 4U.K. Adaptations of Enactments and Orders in Council consequential on the Assumption by the new Authority for the Conduct of postal and telegraphic Business of Functions exercised and performed before the appointed Day by the Postmaster General

Part IIU.K. Adaptations of public general Enactments

Adaptations of Enactments relating to the PostU.K.

2(1)With reference to any point of time after the beginning of the appointed day, any reference in the provisions of the M1Post Office Act 1953 (hereafter in this paragraph referred to as the “principal Act”) specified in the following table to the Post Office (except in the expression “an officer of the Post Office”) shall be construed as referring to the authority, and any reference in those provisions to an officer of the Post Office shall be construed as referring to a person engaged in the business of the authority.

Table
ProvisionSubject-matter
F1. . .
Section 16Application of customs Acts to postal packets.
Section 22Issuing money orders with fraudulent intent.
Section 24Arrangements with other countries as to money orders.
Section 25Outward bound ships.
Section 26Inward bound ships and aircraft.
Section 27Owners’ letters.
Section 28Retention of postal packets after delivery of part thereof to Post Office.
Section 32Penalty for opening of mail-bag by master or commander of ship or aircraft.
Section 33Power to require provision of regular mail-trains.
Section 34Additional provisions as to regular mail-trains.
Section 38Conveyance of mail-bags by railway otherwise than as part of regular mail-train services.
Section 41Offences relating to conveyance of mails by railway.
Section 42Conveyance of mail-bags on ships used by railway undertakers.
Section 45Additional provisions as to conveyance of mail-bags by public service vehicles.
Section 53Unlawfully taking away or opening mail-bags.
Section 55Fraudulent retention of mail-bag or postal packet.
Section 57Stealing, embezzlement, destruction, &c., by officer of the Post Office of postal packet.
Section 58Opening or delaying of postal packets by officers of the Post Office.
Section 65Obstruction and molestation of officers of the Post Office.
Section 76Recovery of sums from officers of the Post Office.
Section 79Surrender of clothing by officer of the Post Office on ceasing to be officer.
Section 90Prosecution of offences in the Isle of Man.

(2)Section 8(3) of the principal Act (mode of dealing with packets posted in contravention of the Act or of regulations thereunder) shall, as from the appointed day, have effect as if, for the references to regulations made under the Act, there were substituted references to the provisions of a scheme made under section 28 of this Act and as if, for the reference to the Postmaster General, there were substituted a reference to the authority.

(3)As from the appointed day, section 11 of the principal Act (prohibition on sending by post certain articles) shall have effect as if,—

(a)in subsection (1)(a), for the reference to the Postmaster General, there were substituted a reference to the authority, and, for the reference to an officer of the Post Office, there were substituted a reference to a person engaged in the business of the authority; and

(b)in subsection (4), for the reference to detention in the Post Office, there were substituted a reference to detention by the authority and, for the reference to any regulations having effect by virtue of that section, there were substituted a reference to any provisions of a scheme made under section 28 of this Act.

(4)As from the appointed day, subsection (2) of section 16 of the principal Act (application of customs Acts to postal packets) shall have effect with the substitution, for the reference to the Postmaster General, of a reference to the Minister; but the Minister shall not make a recommendation under that subsection to the Treasury except after consultation with the authority.

(5)Duties [F2(whether of customs or excise) charged on imported goods] or other charges payable in respect of packets to which the said section 16 applies (whether payable to the authority or to any other postal administration) may be recovered by the authority in any court of competent jurisdiction as if they were simple contract debts, and, in any proceedings for the recovery of any charges so payable, a certificate of the authority of the amount thereof shall be evidence (and, in Scotland, sufficient evidence) of that fact.

In the application of this sub-paragraph to Scotland the words “as if they were simple contract debts” shall be omitted.

(6)As from the appointed day, section 17 of the principal Act (power to detain postal packets containing contraband) shall have effect with the substitution, for the reference to the Postmaster General, of a reference to the authority.

(7)As from the appointed day, section 19(1) and (2) of the principal Act (Post Office mark evidence of amount of postage, &c.) shall have effect as if references to the Post Office and the Postmaster General included references to the authority, and section 19(3) of that Act shall have effect as if, for the reference to a certificate signed by or on behalf of the Postmaster General, there were substituted a reference to a certificate of the authority.

(8)Section 21(3) of the principal Act (protection of bankers collecting postal orders) shall, as from the appointed day, have effect as if, after the words “Postmaster General”, there were inserted the words “or the authority established by section 6 of the Post Office Act 1969”.

(9)References in sections 22 and 23 of the principal Act (issuing money orders with fraudulent intent and forgery and stealing of money orders) to a money order shall, as from the appointed day, be construed as including references to a postal order.

(10)As from the appointed day, section 24 of the principal Act shall have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority, as if, for the words “money orders”, there were substituted the words “orders for the payment of money” and as if the words “and subject to any prescribed modifications”, the words “within the meaning of those sections” and the proviso were omitted.

[F3(11)References in sections 50 and 51 of the principal Act (extension of postal facilities and accommodation) to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.]

(12)With reference to any point of time after the beginning of the appointed day, the reference in section 56 of the principal Act (criminal diversion of letters from the addressee) to a person not in the employment of the Postmaster General shall be construed as referring to a person not engaged in the business of the authority.

(13)With reference to any point of time after the beginning of the appointed day, the reference in section 61 of the principal Act (prohibition of affixing placards, notices, &c., on post office letter boxes, &c.) to the Postmaster General shall be construed as referring to the authority.

(14)References in section 62 of the principal Act (prohibition of imitation of post office stamps, envelopes, forms and marks) and section 64 of that Act (prohibition of false notices as to reception of letters, &c.) to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.

(15)As from the appointed day, section 63 of the principal Act (prohibition of fictitious postage stamps) shall have effect as if, in subsection (1), for the words from the beginning to “prescribed”, there were substituted the words “Except for such purposes as may be approved by the Post Office in writing and in accordance with such (if any) conditions as may be attached to the approval, a person shall not”.

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(17)As from the appointed day, section 72(1) of the principal Act (evidence of thing being a postal packet) shall have effect as if, for the reference to an article’s having been accepted on behalf of the Postmaster General for transmission by post, there were substituted a reference to its having been accepted on behalf of him or the authority for transmission by post.

(18)As from the appointed day, section 72(3) of the principal Act (application in certain proceedings of section 27(4) of the M2Theft Act 1968, and evidence of employment of a vessel, vehicle or aircraft by or under the Post Office for the transmission of postal packets under contract) shall have effect as if, for the reference to a vessel, vehicle or aircraft having been at any time employed by or under the Post Office, there were substituted a reference to its having been at any time employed by or under the Post Office or the authority.

(19)As from the appointed day section 78(1) of the principal Act (provisions as to post office letter boxes) shall have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority; and section 78(2) of that Act shall have effect as if the reference to a certificate signed by or on behalf of the Postmaster General included a reference to a certificate of the authority and, for the reference to the permission or authority of the Postmaster General, there were substituted a reference to the permission or authority of the Postmaster General or the authority.

(20)The reference in section 79(1) of the principal Act to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.

(21)As from the appointed day, the definition of “parcel” in section 87(1) of the principal Act (interpretation) shall have effect as if, for the reference to regulations, there were substituted a reference to the provisions of a scheme made under section 28 of this Act.

(22)As from the appointed day, the definition of “post office letter box” in section 87(1) of the principal Act shall have effect as if, after the words “the Postmaster General”, in both places where they occur, there were inserted the words “or the authority established by section 6 of the Post Office Act 1969”.

(23)As from the appointed day, the reference, in the definition of “the purposes of the Post Office” in section 87(1) of the principal Act, to the execution of any duties for the time being undertaken by the Postmaster General or any of his officers shall be construed as including a reference to the exercise or performance of any powers or duties conferred or imposed by, or by virtue of, this Act on the authority; and any provision to which that definition is relevant (whether contained in the principal Act or any other Act) shall be construed accordingly.

(24)As from the appointed day, the reference in section 87(2)(b) of the principal Act (delivery of postal packet to an officer of the Post Office to be delivery to a post office) to delivery to an officer of the Post Office shall be construed as a reference to delivery to an officer of the Post Office or to a person engaged in the business of the authority.

(25)As from the appointed day, “postage”, in the principal Act, shall, unless the context otherwise requires, mean postage chargeable by the authority.

Textual Amendments

Modifications etc. (not altering text)

C1The text of Sch. 4 paras. 2(8)(10)(15)(22), 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

3As from the appointed day, section 1 of the M3Recorded Delivery Service Act 1962 shall have effect as if the reference in subsection (6) thereof (which provides that that section is not to be construed as authorising the sending by that service of anything which, under the M4Post Office Act 1953 or any instrument thereunder, is not allowed to be so sent) to any instrument under the Post Office Act 1953 included a reference to a scheme under section 28 of this Act, and section 1 of the M5Recorded Delivery Service Act (Northern Ireland) 1963 shall have effect as if the reference in subsection (5) thereof to such an instrument included a reference to such a scheme.

Adaptations of Enactments relating to TelegraphsU.K.

4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

5, 6.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Adaptations of Enactments relating to the Supply of ElectricityU.K.

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

[F1111U.K.As from the appointed day, references to a private generating station in section 11 of the M6Electricity (Supply) Act 1919 (restrictions on the establishment of new generating stations) shall be construed as including references to a generating station (within the meaning of that Act) for the generation of electricity for use wholly or mainly for the purposes of the authority’s undertaking.]

Textual Amendments

Marginal Citations

12, 13U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12Sch. 4 paras. 12, 13 repealed by Electricity (Northern Ireland) Order 1972 and S.I. 1972/1072 (N.I. 9), Sch. 7

Adaptations of other EnactmentsU.K.

14As from the appointed day section 11 of the M7Juries Act 1862 and section 22 of the M8Juries Act (Ireland) 1871 (summoning of jurors by post) shall each have effect as if, for the words from “under such regulations” to the words “the postmaster shall” there were substituted the words “the postmaster, upon receipt of the fee (if any) exigible for so doing, shall”.

Modifications etc. (not altering text)

C2The text of Sch. 4 paras. 2(8)(10)(15)(22), 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

15U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

16—19.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

20U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

21(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16, as from the appointed day, any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 office belonging to, or occupied by, the authority shall be a prohibited place for the purposes of that Act.

(2)Section 5 of the M9Official Secrets Act 1920 shall not apply to the authority; and, as from the appointed day, the reference in subsection (6) of that section to the Postmaster General shall be construed as referring to the authority.

22U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

26U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

27The reference to the Postmaster General in section 79(3) of the M10Land Registration Act 1925 (return to the Chief Land Registrar of letters marked outside “Her Majesty’s Land Registry” and addressed to persons who cannot be found) shall, as from the appointed day, be construed as referring to the authority.

Modifications etc. (not altering text)

C3The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

28, 29.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

30U.K.As from the appointed day, section 2(2)(e) of the M11Execution of Diligence (Scotland) Act 1926 (execution of arrestment or charge by registered letter) shall have effect as if, for the words from “Postmaster” to “1908”, there were substituted the words “Post Office in pursuance of any provision contained in a scheme made under section 28 of the Post Office Act 1969”.

Modifications etc. (not altering text)

C4The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

31U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

32U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

33(1)As from the appointed day, references to the Postmaster General in subsections (1) and (2) of section 2 of the M12Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 (conveyance of mails by public service vehicles) shall be construed as referring to the authority.

(2)As from the appointed day, references to an officer of the Post Office in the said subsection (1) shall be construed as referring to a person engaged in the business of the authority.

Modifications etc. (not altering text)

C5The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

34U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

35U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F27Sch. 4 para. 35 repealed by Solicitors (Northern Ireland) Order 1976 and S.I. 1976/582 (N.I. 12), Sch. 3

36(1)As from the appointed day, the authority shall be deemed to be public utility undertakers and its undertaking a public utility undertaking for the purposes of the provisions of the M13Civil Defence Act 1939, F28

(2)As from the appointed day, in the M14said Act of 1939 the expression “the appropriate department” shall, in relation to the authority, mean the Minister.

Textual Amendments

Marginal Citations

37U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

38U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

39, 40.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

41As from the appointed day, references to Post Office business in proviso (ii) to section 19 (Sunday employment) and in section 33 (application to Post Office business) of the M15Shops Act (Northern Ireland) 1946 shall be construed as referring to business of any of the kinds that the authority carry on.

Marginal Citations

42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Textual Amendments

45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

47U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

48U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

49U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

50U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

51As from the appointed day, references to post office business in the following provisions of the M16Shops Act 1950, namely, section 22 (Sunday employment), section 44 (exemptions for post office business), Schedule 2 (transactions not affected by general closing hours or by closing orders) and Schedule 5 (transactions for the purposes of which a shop may be open in & England and Wales for the serving of customers on Sunday) shall be construed as referring to business of any of the kinds that the authority carry on.

Marginal Citations

52U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

Textual Amendments

F41Sch. 4 para. 52 repealed by Drainage (Northern Ireland) Order 1973 and S.I. 1973/69 (N.I. 1), Sch. 10

53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

54As from the appointed day, references in section 6 of the M17Local Government (Miscellaneous Provisions) Act 1953 (supplementary provisions as to omnibus shelters, &c.) to the Postmaster General shall be construed as referring to the authority.

Modifications etc. (not altering text)

C6The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

55U.K.As from the appointed day, the reference to the Post Office in section 12(3)(b) of the M18Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.

Modifications etc. (not altering text)

C7The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

56As from the appointed day, the reference to the Post Office in section 7(5) of the M19Juries Act (Northern Ireland) 1953 (service of jurors’ summonses) shall be construed as referring to the authority.

Modifications etc. (not altering text)

C8The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

57U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

58U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

59(1)Where any work proposed to be done on or after the appointed day by [F45the Northern Ireland Housing Executive] in pursuance of a clearance or demolition order or a re-development scheme made by them under [F46the M20Housing (Northern Ireland) Order 1981] involves, or is likely to involve, an alteration in a telegraphic line belonging to, or used by, the authority, paragraphs (1) to (8) of section 7 of the M21Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to [F45the Northern Ireland Housing Executive].U.K.

(2)Where, in pursuance of an order under section 22 of the Housing of the M22Working Classes Act 1890, section 14 of the M23Housing Act (Northern Ireland) 1961, [F47Article 51 of the Housing (Northern Ireland) Order 1981] or section 25 of the M24New Towns Act (Northern Ireland) 1965, that comes into operation on or after the appointed day, a public right of way over land is extinguished and, immediately before the day on which the order comes into operation, there is under, in, on, over, along or across the land a telegraphic line of the authority’s, the authority shall have the same powers in respect of the line as if the order had not come into operation; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required.

(3)In this paragraph F48telegraphic line” and “alteration” have the same meanings as in the M25Telegraph Act 1878.

Textual Amendments

F45Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F48Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Marginal Citations

60U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Textual Amendments

61U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

62—64.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

66U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

[F5467U.K.As from the appointed day, section 7(1) of the M26Payment of Wages Act 1960 (interpretation) shall have effect as if, for the definitions of “money order” and “postal order”, there were substituted the following definitions:—

money order” means a money order issued by the Postmaster General or the Post Office and “postal order” means a postal order so issued.]

Textual Amendments

Marginal Citations

68U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

69U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

70U.K.As from the appointed day, Schedule 4 to the M27Public Health Act 1961 (which specifies, in relation to buildings of certain descriptions, the persons who are to be appropriate authorities for the purposes of the provisions of that Act relating to the attachment of street lights to buildings) shall have effect as if the following were added at the end thereof:—

A building owned by the Post OfficeThe Minister of Posts and Telecommunications.

Modifications etc. (not altering text)

C9The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

71U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

72U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

73U.K.As from the appointed day, the references to the Postmaster General in section 53 of the M28Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.

Modifications etc. (not altering text)

C10The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

74U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

75U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Textual Amendments

76U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

[F6277U.K.As from the appointed day, the reference in section 1(4) of the M29Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.]

Textual Amendments

Modifications etc. (not altering text)

C11The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

78U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

79U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

[F6580U.K.As from the appointed day, the Schedule to the M30Building Control Act 1966 (which specifies bodies in the case of which work carried out by them is exempt from control under that Act) shall have effect as if, at the end thereof, there were added a reference to the authority.]

Textual Amendments

Modifications etc. (not altering text)

C12The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

81U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

82As from the appointed day, Schedule 2 to the M31Industrial Development Act 1966 (which specifies bodies not eligible for certain grants under Part I of that Act) shall have effect as if the authority were included amongst the bodies therein specified and Schedule 1 to the M32Industrial Investment (General Assistance) Act (Northern Ireland) 1966 shall have similar effect.

Modifications etc. (not altering text)

C13The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

83(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(3)In the proviso to section [F68[F6933(4) of the M33Housing (Scotland) Act 1974]][F69paragraph 9(4) of Schedule 8 to the Housing (Scotland) Act 1987], the expression “apparatus” shall, in relation to the authority, be construed generally and shall not be limited by the definition thereof in section 208(1) of [F70the M34Housing (Scotland) Act 1966]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

84As from the appointed day, paragraph 45(e) of Schedule 4 to the M35Land Commission Act 1967 shall have effect as if the reference to expenditure which has been or is to be met directly or indirectly by a government department did not include expenditure incurred by the Postmaster General in relation to land in the case of which an interest therein vests in the Post Office by virtue of section 16 of this Act.

Marginal Citations

85U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

86U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

87U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

88U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

89U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76

90U.K.As from the appointed day, the authority shall be deemed to be a public utility undertaking for the purposes of section 1 of the M36Local Government and Roads Act (Northern Ireland) 1968.

Marginal Citations

91As from the appointed day, the reference to the Postmaster General in section 2(5) of the M37Vehicle and Driving Licences Act 1969 (which, amongst other things, empowers local authorities to make arrangements with him for him to issue licences and collect duty under the Vehicles (Excise) Act 1962 on their behalf) shall be construed as referring to the authority.

Marginal Citations

92(1)As from the appointed day, [F77section 212(1) of the M38Town and Country Planning (Scotland) Act 1972] shall, in relation to the authority, have effect with the substitution, for the reference to [F77section 211 of that Act], of a reference to paragraph 93(4) below.

(2)[F77The said section 212] shall not apply to land in the case of which an interest therein of the Postmaster General vests in the authority by virtue of section 16 of this Act.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

93(1)The authority shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely,—

(i)–(iv)F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the M39Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(vi)F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii)section 4 of the M40Requisitioned Land and War Works Act 1948;

[F81(viii)the M41Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the M42Roads (Northern Ireland) Order 1980]

(ix)F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)the National Parks and Access to the M43Countryside Act 1949;

(xi)the M44Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(xii)the M45Landlord and Tenant Act 1954;

(xiii)F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiv)section 39(6)(b) of the M46Opencast Coal Act 1958;

(xv ) (xvi)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii)section 11 of the M47Land Compensation Act 1961;

(xviii)section 3(4) of the M48Flood Prevention (Scotland) Act 1961;

(xix)F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xx)the M49Pipe-lines Act 1962;

(xxi)section 18 of the M50Land Compensation (Scotland) Act 1963;

(xxii)Schedules 3 F86 to the M51Harbours Act 1964;

(xxiii)Schedule 6 to the M52Gas Act 1965;

[F87(xxiv)section 10(4) of the Highlands and Islands Development (Scotland) Act 1965;]

(xxv)the [F88New Towns Act 1981]

(xxvi)sections 14(2), 15(2), 35(3), 58 and 89(6) of the M53Land Commission Act 1967;

(xxvii)sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M54Countryside (Scotland) Act 1967;

(xxviii)the M55New Towns (Scotland) Act 1968;

(xxix)F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxx)section 22 of the M56Sewerage (Scotland) Act 1968;

(xxxi )F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxii )F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

[F93(xxxiv)sections 19, 37, 45, 46, 108(2), 117, 118, 119, 138, 154(3), 170, 171, 172, 175, 181, 195(6), 199(2), 202(3), 205, [F94205A] 212, 214 to 230, 233(7), 242 and 266(6)(b) of, and Schedules 8 and 9, paragraphs 1 to 3 of Schedule 17, and Schedule 18 to, the M57Town and Country Planning (Scotland) Act 1972]

[F95(xxxv)Section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

[F96Subject to this exception, namely, that in relation to Scotland it shall not be so deemed for the purposes of section 271 of the Town and Country Planning Act 1990, as applied by section 13 of the Opencast Coal Act 1958].

(2)In the following enactments, namely,—

(a )F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the M58Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(d )F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e )F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f )F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g )F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h ),(i)F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)the M59Pipe-lines Act 1962;

(k)Schedules 3 F86 to the M60Harbours Act 1964;

(l )–(p)F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q )F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r )F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s), (t)

F107the appropriate Minister” shall, in relation to the authority, mean the Minister.

(3)The M61Land Commission Act 1967 shall have effect as if, in subsection (3) of section 58 thereof in its application to the authority, for the words from “the Minister who” to the end of the subsection, and in subsection (6) of section 89 thereof, in its application to the authority, for the words from “the appropriate Minister” to the end of the subsection, there were substituted the words “the Minister of Posts and Telecommunications”.

(4)In the following enactments, namely,—

(a )F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c )F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 13 of the M62Pipe-lines Act 1962;

(e)the [F88New Towns Act 1981]

(f)section 58 of the M63Land Commission Act 1967;

(g)the M64New Towns (Scotland) Act 1968;

(h)

F110(i )F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F112

[F113(k)sections 138 (3), 154(3) and 214 to 230 of, a F111nd Schedule 8 to, the M65Town and Country Planning (Scotland) Act 1972];

operational land” shall, in relation to the authority, mean land of its of any such class as may be specified in regulations made jointly by the Minister and the Minister of Housing and Local Government by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament); and—act checked this far

(i)the definition of a class of land for the purposes of regulations made under this sub-paragraph may be framed by reference to any circumstances whatsoever; and

(ii)if any question arises whether land of the authority’s falls within a class specified in regulations so made, it shall be determined by the Minister.

In the application of this sub-paragraph to Scotland, for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State.

(5)This paragraph shall come into operation on the appointed day.

Textual Amendments

F98Para. 93(2)(b) (specifying Acquisition of Land (Authorisation Procedure) Act 1946) repealed by virtue of Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I (expressed as repealing sub-para. (2)(iv) in para. 93)

Modifications etc. (not altering text)

C14Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681, art. 2

Marginal Citations

94U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114