(1)A person who is engaged in the business of a postal operator commits an offence if, contrary to his duty and without reasonable excuse, he—
(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.
(2)Subsection (1) does not apply to the delaying or opening of a postal packet or the opening of a mail-bag under the authority of—
(a)this Act or any other enactment (including, in particular, in pursuance of a warrant issued under any other enactment), F1. . .
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Subsection (1) does not apply to the delaying or opening of a postal packet in accordance with any terms and conditions applicable to its transmission by post.
(4)Subsection (1) does not apply to the delaying of a postal packet as a result of industrial action in contemplation or furtherance of a trade dispute.
(5)In subsection (4) “trade dispute” has the meaning given by section 244 of the M1Trade Union and Labour Relations (Consolidation) Act 1992 or Article 127 of the M2Trade Union and Labour Relations (Northern Ireland) Order 1995; and the reference to industrial action shall be construed in accordance with that Act or (as the case may be) that Order.
(6)A person who commits an offence under subsection (1) shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both,
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Textual Amendments
F1S. 83(2)(b) and word omitted (31.12.2020) by virtue of The Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1417), regs. 1, 2(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1S. 83 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/878, art. 2, Sch. (subject to arts. 3-17)
(1)A person commits an offence if, without reasonable excuse, he—
(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.
(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
(4)Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.
(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
Commencement Information
I2S. 84 wholly in force at 26.3.2001, see s. 130 and S.I. 2001/878, art. 2, Sch. (subject to arts. 3-17)