Post Office Act 1953 (repealed) (c. 36)

Post Office Act 1953 (repealed)

1953 CHAPTER 36 1 and 2 Eliz 2

An Act to consolidate certain enactments relating to the Post Office with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.

[31st July 1953] F1

Extent Information

E1 This Act except ss. 33-45 also extends to Isle of Man see s. 90(1).

Textual Amendments

F1 Act repealed (1.1.2001 for ss. 29, 44, 45, and 26.3.2001 otherwise) by 2000 c. 26, ss. 127(6), 130(1), Sch. 9 Note; S.I. 2000/2957, art. 2(2), Sch. 2 Table; S.I. 2001/878, art. 2, Sch. Table (subject to transitional and saving provisions in arts. 3-17); S.I. 2001/1148, art. 2(2), Sch. Table (subject to arts. 3-42)

Modifications etc. (not altering text)

C1 Act explained by British Telecommunications Act 1981 (c. 38, SIF 96), s. 66(6)

Commencement Information

I1 Act wholly in force at 31.8.1953 see s. 92(2).

1, 2. F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F2 Ss. 1, 2 repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

U.K.

3, 4. F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F3 Ss. 3, 4 repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. I

General provisions as to transmission of postal packets U.K.

5—7 F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F4 Ss. 5–7, 8(1)(2)(4), 9,10,(1)(2)(4)(5), 11(3), 12–15, 16(3) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt.II

8 Conditions of transit of postal packets. U.K.

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3) If any postal packet is posted or sent by post in contravention of this Act or of any . . . F6 regulation made thereunder, the transmission thereof may be refused and the packet may, if necessary, be detained and opened in the post office and may be returned to the sender thereof or forwarded to its destination, subject in either case to any . . . F6 regulations as to additional postage or other charges, or may be destroyed or otherwise disposed of as the [F7 Post Office] may direct.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 Ss. 5–7, 8(1)(2)(4), 9,10,(1)(2)(4)(5), 11(3), 12–15, 16(3) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt.II

F6 Words repealed by Post Office Act 1961 (c. 15), Sch.

F7 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(2)

Modifications etc. (not altering text)

C2 S. 8(3) amended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(2)

S. 8(3) modified (7.3.2001) by S.I. 2001/878, art. 3 (with art. 17)

S. 8(3) extended (with modifications) (22.3.2001) by 2001/1148, art. 3 (with art. 34)

9 F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F8 Ss. 5–7, 8(1)(2)(4), 9,10,(1)(2)(4)(5), 11(3), 12–15, 16(3) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt.II

10 Cash on delivery service. U.K.

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(3) Where a cash on delivery packet is delivered in the British postal area . . . F10 without the sums payable in respect thereof having been paid, the [F11 Post Office] may by notice in writing require the addressee within the time specified in the notice either to pay the said sums or to redeliver the packet intact to the [F11 Post Office], and if the addressee fails to comply with the notice the [F11 Post Office] shall be entitled to recover the said sums . . . F10 from the addressee.

(4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Ss. 5–7, 8(1)(2)(4), 9,10,(1)(2)(4)(5), 11(3), 12–15, 16(3) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt.II

F10 Words repealed by virtue of Post Office Act 1969 (c. 48), Sch. 9 para. 3(2)

F11 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 9 para. 3(2)

Modifications etc. (not altering text)

C3 S. 10(3) amended by Post Office Act 1969 (c. 48), Sch. 9 para. 3(2)

11 Prohibition on sending by post of certain articles. U.K.

(1) A person shall not send or attempt to send or procure to be sent a postal packet which—

(a) save as the [F12 Post Office] may either generally or in any particular case allow, encloses any explosive, dangerous, noxious or deleterious substance, any filth, any sharp instrument not properly protected, any noxious living creature, or any creature, article or thing whatsoever which is likely to injure either other postal packets in course of conveyance or [F12 a person engaged in the business of the Post Office]; or

(b) encloses any indecent or obscene print, painting, photograph, lithograph, engraving, cinematograph film, book, card or written communication, or any indecent or obscene article whether similar to the above or not; or

(c) has on the packet, or on the cover thereof, any words, marks or designs which are grossly offensive or of an indecent or obscene character.

(2) If any person acts in contravention of the foregoing subsection, he shall be liable on summary conviction to a fine not exceeding [F13 £100] or on conviction on indictment to imprisonment for a term not exceeding twelve months.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(4) The [F15 detention by the Post Office] of any postal packet on the grounds of a contravention of this section or of any regulations [F16 having effect by virtue thereof] shall not exempt the sender thereof from any proceedings which might have been taken if the packet had been delivered in due course of post.

Textual Amendments

F12 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(3)(a)

F13 Words substituted by Criminal Justice Act 1967 (c. 80), s. 92, Sch. 3 Pt. I

F14 Ss. 5–7, 8(1)(2)(4), 9,10,(1)(2)(4)(5), 11(3), 12–15, 16(3) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt.II

F15 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(3)(b)

F16 Words substituted by Post Office Act 1961 (c. 15), Sch.

Modifications etc. (not altering text)

C4 S. 11 applied (7.3.2001) by S.I. 2001/878, arts. 4, 5 (with art. 17)

C5 S. 11(4) amended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(3)(b)

12—15. F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F17 Ss. 5–7, 8(1)(2)(4), 9,10,(1)(2)(4)(5), 11(3), 12–15, 16(3) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt.II

[F18 16 Application of customs Acts to postal packets. U.K.

(1) Subject to the provisions of this section, the enactments for the time being in force relating to [F19 customs or excise] shall apply in relation to goods contained in postal packets to which this section applies brought into or sent out of the United Kingdom by post from or to any place outside the United Kingdom as they apply in relation to goods otherwise imported, exported or removed into or out of the United Kingdom from or to any such place.]

(2) The Treasury, on the recommendation of the Commissioners of Customs and Excise and the [F20 Secretary of State], may by statutory instrument make regulations—

(a) for specifying the postal packets to which this section applies;

(b) for making modifications or exceptions in the application of the said enactments to such packets;

(c) for enabling [F21 persons engaged in the business of the Post Office] to perform for the purposes of the said enactments and otherwise all or any of the duties of the importer, exporter or person removing the goods;

(d) for carrying into effect any arrangement with the government or postal administration of any other country with respect to foreign postal packets;

(e) for securing the observance of the said enactments and, without prejudice to any liability of any person under those enactments, for punishing any contravention of the regulations;

and different regulations may be made for foreign and inland postal packets respectively.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F18 S. 16(1) substituted by S.I. 1973/960, art. 11(1).

F19 Words substituted by Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 12 Table Pt. I.

F20 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(4) and S.I. 1974/691, arts. 2, 3(3)

F21 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1).

F22 Ss. 5–7, 8(1)(2)(4), 9,10,(1)(2)(4)(5), 11(3), 12–15, 16(3) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt.II.

F23 S. 16(4) repealed by Finance Act 1987 (c. 16, SIF 99:6), s. 72, Sch. 16 Pt. XI.

Modifications etc. (not altering text)

C6 S. 16 amended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(4)(5).

C7 S. 16 extended by Value Added Tax Act 1983 (c. 55, SIF 40:2), s. 24(4).

C8 S. 16 amended by S.I. 1986/260, art. 4.

C9 S. 16 extended (1.9.1994 with effect as mentioned in s. 101(1)) by 1994 c. 23, s. 16(2).

C10 S. 16(2)(d) extended by S.I. 1969/1368, art. 9(d) and 1973/960, art. 11(2).

17 Power to detain postal packets containing contraband. U.K.

(1) Without prejudice to the last foregoing section, the [F24 Post Office] may detain any postal packet suspected to contain any goods chargeable with any [F25 duty charged or imported goods (whether a customs or an excise duty)] which has not been paid or secured or any goods in the course of importation, exportation or removal into or out of the United Kingdom, . . . F26 contrary to any prohibition or restriction for the time being in force with respect thereto under or by virtue of any enactment and may forward the packet to the Commissioners of Customs and Excise.

(2) Where any postal packet has been forwarded to the said Commissioners under this section they may—

(a) in the presence of the person to whom the packet is addressed; or

(b) if, after notice in writing from them requiring his attendance left at or forwarded by post to the address on the packet, the addressee fails to attend, or if the address on the packet is outside the British postal area, then in his absence,

open and examine the packet.

(3) Where the said Commissioners open and examine a postal packet under this section, then—

(a) if they find any such goods as aforesaid they may detain the packet and its contents for the purpose of taking proceedings with respect thereto;

(b) if they find no such goods, they shall either deliver the packet to the addressee upon his paying any postage and other sums chargeable thereon or, if he is absent, forward the packet to him by post.

Textual Amendments

F24 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(6)

F25 Words substituted by Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 12 Table Pt. I

F26 Words repealed by S.I. 1969/1368, art. 10 and 1973/960, art. 12

Modifications etc. (not altering text)

C11 S. 17 applied (with modifications) (22.3.2001) by S.I. 2001/1148, art. 4 (with art. 34)

18 F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F27 Ss. 18, 20, 21(1)(2)(4)(5) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

19 Post Office mark evidence of amount of postage, etc. U.K.

(1) The official mark of any sum on any postal packet as due in respect of that packet, whether the mark is the mark of the Post Office or of any other postal administration and whether the sum is marked as being due to the Postmaster-General or otherwise, shall in every court in the British postal area be sufficient proof of the liability of the packet to the sum so marked unless the contrary is shown, . . . F28

(2) In any proceedings for the recovery of postage or other sums due in respect of postal packets, the production of the packet in respect of which any such postage or sum is sought to be recovered having thereon a stamp or other endorsement of the Post Office or any other postal administration indicating that the packet has been refused or rejected or is unclaimed or cannot for any other reason be delivered, shall be sufficient proof of the fact indicated unless the contrary is shown.

(3) In any such proceedings as aforesaid, [F29 a certificate of the Post Office] that any mark, stamp or endorsement is such a mark, stamp or endorsement as is mentioned in the foregoing provisions of this section shall be sufficient proof thereof unless the contrary is shown.

(4) In any such proceedings as aforesaid, the person from whom any postal packet in respect of which any postage or sum is sought to be recovered purports to have come shall, until the contrary is proved, be deemed to be the sender of the packet.

Textual Amendments

F28 Words repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

F29 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(7)

Modifications etc. (not altering text)

C12 S. 19 applied (with modifications) (22.3.2001) by S.I. 2001/1148, art 5 (with art. 34)

C13 S. 19(1)(2) extended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(7)

Money orders U.K.

20 F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F30 Ss. 18, 20, 21(1)(2)(4)(5) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

21 Special provisions as to postal orders. U.K.

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(3) Any person acting as a banker in the British postal area who, in collecting in that capacity for any principal, has received payment or been allowed by the Postmaster-General [F32 or the authority established by section 6 of the M1 Post Office Act 1969] in account in respect of any postal order, or of any document purporting to be a postal order, shall not incur liability to anyone except that principal by reason of having received the payment or allowance or having held or presented the order or document for payment; but this subsection shall not relieve any principal for whom any such order or document has been so held or presented of any liability in respect of his possession of the order or document or of the proceeds thereof.

(4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

Textual Amendments

F31 Ss. 18, 20, 21(1)(2)(4)(5) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

F32 Words inserted by Post Office Act 1969 (c. 48), Sch. 4 para. 2(8)

Marginal Citations

M1 1969 c. 48.

22 Issuing money orders with fraudulent intent. U.K.

(1) If any [F33 person engaged in the business of the Post Office] grants or issues any money order with a fraudulent intent, he shall be guilty of [F34 a misdemeanour] and be liable to imprisonment for a term not exceeding seven years.

(2) If any [F33 person engaged in the business of the Post Office] re-issues a money order previously paid, he shall be deemed to have issued the order with a fraudulent intent for the purposes of this section.

Textual Amendments

F33 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F34 Words substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 2

Modifications etc. (not altering text)

C14 S.22 extended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(9)

23 Forgery and stealing of money orders. U.K.

(1) A money order shall be deemed to be an order for the payment of money and a valuable security within the meaning . . . F35 [F36 of the M2 Forgery Act 1913 . . . F37 and]of any [F36 other]enactment relating to [F36 forgery or]stealing which is for the time being in force in any part of the British postal area.

[F38 (2) If any person with intent to defraud obliterates, adds to or alters any such lines or words on a money order as would, in the case of a cheque, be a crossing of that cheque, or knowingly offers, utters or disposes of any money order with such fraudulent obliteration, addition or alteration, he shall be guilty of [F39 a misdemeanour] and be liable to the like punishment as if the order were a cheque.]

Textual Amendments

F35 Words repealed by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 2

F36 Words repealed (E.W.) (N.I.) by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), Sch. Pt. I

F37 Words repealed by Theft Act 1968 (c. 60), Sch. 3 Pt. III and Theft Act (Northern Ireland) 1969 (c. 16), Sch. 3 Pt. II

F38 S. 23(2) repealed (E.W.) (N.I.) by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), Sch. Pt. I

F39 Words substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 2

Modifications etc. (not altering text)

C15 S. 23 extended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(9)

Marginal Citations

M2 1913 c. 27.

24 Arrangements with other countries as to money orders. U.K.

Where an arrangement is made with a government or postal administration of any other country for the transmission of small sums through post offices under the charge of the [F40 Post Office] and the postal administration of the other country by means of [F40 orders for the payment of money], the four last foregoing sections shall, so far as is consistent with the tenor thereof, . . . F41 , apply in like manner as if an order issued in pursuance of the arrangement, whether by [F42 a person engaged in the business of the Post Office] or by an officer of the other postal administration, were a money order . . . F41 :

. . . F43

Textual Amendments

F40 Words substituted by Post Office Act 1969 (c. 48), Sch. 4 para. 2(10)

F41 Words repealed by Post Office Act 1969 (c. 48), Sch. 4 para. 2(10)

F42 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F43 S. 24 proviso repealed by Post Office Act 1969 (c. 48), Sch. 4 para. 2(10), Sch. 9 para. 3(1)

Modifications etc. (not altering text)

C16 S. 24 extended by S.I. 1969/1368, art. 11 and 1973/960, art. 13

Conveyance of mail bags by ships and aircraft U.K.

25 Outward bound ships. U.K.

(1) Every master of a ship outward bound shall receive on board his ship every mail bag tendered to him by [F44 a person engaged in the business of the Post Office] for conveyance, and having received it shall deliver it, on arriving at the port or place of his destination, without delay.

(2) If the master of any such ship fails to comply with this section he shall be liable on summary conviction to a fine not exceeding [F45 level 4 on the standard scale].

Textual Amendments

F44 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F45 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by 1984/703 (N.I. 3), arts. 5, 6

Modifications etc. (not altering text)

C17 S. 25 applied (7.3.2001) by S.I. 2001/878, art. 6 (with art. 17)

26 Inward bound ships and aircraft. U.K.

(1) The three next following subsections shall apply in relation to a ship or aircraft inward bound carrying any postal packets within the exclusive privilege of the [F46 Post Office], not being packets to which the next following section applies.

(2) The master of the ship or commander of the aircraft shall collect all such postal packets on board his ship or aircraft and enclose them in some bag or other covering sealed with his seal and addressed to the [F46 Post Office] and shall without delay deliver them to the proper [F47 person engaged in the business of the Post Office] demanding them or, if no demand is made by that [F47 person], then at the post office with which he can first communicate.

(3) If the master of the ship or the commander of the aircraft does not duly comply with the provisions of the last foregoing subsection he shall be liable on summary conviction to a fine not exceeding [F48 level 4 on the standard scale].

(4) The master of the ship or commander of the aircraft shall not break bulk on board his ship or aircraft in any port or place before he has complied with the provisions of subsection (2) of this section and if he does so he shall be liable on summary conviction to a fine not exceeding [F49 level 2 on the standard scale].

(5) An officer of customs and excise may refuse to permit bulk to be broken on board any inward bound ship or aircraft until he is satisfied that any postal packets brought in that ship or aircraft which are required to be delivered under subsection (2) of this section have been so delivered.

(6) An officer of customs and excise may search any inward bound ship or aircraft for, and seize, any postal packets within the exclusive privilege of the [F46 Post Office] and forward any such packets seized to the nearest post office; and subsection (3) of section eight of this Act shall apply in relation to any packet so forwarded.

Textual Amendments

F46 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 23(1)(b)

F47 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F48 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by 1984/703 (N.I. 3), arts. 5, 6

F49 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

Modifications etc. (not altering text)

C18 S. 26 applied (with modifications) (7.3.2001) by S.I. 2001/878, art. 7 (with art. 17)

27 Owners’ letters. U.K.

(1) The two next following subsections shall apply to any letter addressed to the owner, charterer or consignee of a ship or aircraft inward bound or to the owner, consignee or shipper of any goods carried in such a ship or aircraft, being a letter which, not being excepted from the exclusive privilege of the [F50 Post Office], complies with the following conditions, that is to say—

(a) that the addressee is described in the address or superscription on the letter as such owner, charterer, consignee or shipper; and

(b) in the case of a letter addressed to an owner, consignee or shipper of goods, that it also appears by the ship’s manifest or by the manifest and declaration of the aircraft that the addressee has goods on board the ship or aircraft.

(2) Any such letter required to be delivered to a person at the place of arrival of the ship or aircraft shall be delivered to that person by the master of the ship or the commander of the aircraft free of inland postage and that person shall be entitled to the delivery thereof before the delivery of any other postal packets to the [F51 Post Office].

(3) Any such letter required to be delivered to a person at any other place in the British postal area shall be delivered by post on payment of inland postage only.

(4) If any person with intent to evade any postage falsely superscribes any letter as being for the owner, charterer or consignee of the ship or aircraft conveying the letter or for the owner, consignee or shipper of goods carried in that ship or aircraft, he shall for each offence be liable on summary conviction to a fine not exceeding [F52 level 1 on the standard scale].

Textual Amendments

F50 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 23(1)(b)

F51 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F52 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

Modifications etc. (not altering text)

C19 S. 27 applied (with modifications) (7.3.2001) S.I. 2001/878, art. 8 (with. art. 17)

28 Retention of postal packets after delivery of part thereof to Post Office. U.K.

If any person, being the master or commander, one of the officers or crew, or a passenger, of a ship or aircraft inward bound, knowingly has in his baggage or in his possession or custody any postal packet, except a postal packet not within the exclusive privilege of the [F53 Post Office], after the master of the ship or commander of the aircraft has sent any part of the postal packets on board the ship or aircraft to the [F54 Post Office], he shall for every such packet be liable on summary conviction to a fine not exceeding [F55 level 1 on the standard scale]; and if he detains any such packet after demand made either by an officer of customs and excise or by any person authorised by the [F53 Post Office] to demand the postal packets on board the ship or aircraft, he shall for every postal packet detained be liable on summary conviction to a fine not exceeding [F55 level 1 on the standard scale].

Textual Amendments

F53 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 23(1)(b)

F54 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F55 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

Modifications etc. (not altering text)

C20 S. 28 applied (with modifications) (7.3.2001) by S.I. 2001/878, art. 9 (with art. 17)

29 Carriage of parcels by coasting ships. U.K.

(1) Without prejudice to section forty-two of this Act, in the case of any mechanically-propelled ship which carries on regular communications between a port in the United Kingdom and any other port or place in the United Kingdom, or which is a home-trade ship within the meaning of the M3 Merchant Shipping Act 1894, not being a ship owned or worked by railway undertakers, the [F56 Post Office] may require the person by whom that ship is owned or worked to carry parcels in that ship.

(2) The remuneration for any services rendered by a ship under this section shall be determined by agreement between the [F56 Post Office] and the person owning or working the ship or, in default of agreement, by the Transport Tribunal; and any remuneration so determined shall be paid direct to that person.

Textual Amendments

F56 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(a)

Marginal Citations

M3 1894 c. 60.

30 F57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F57 S. 30 repealed by Statute Law Revision Act 1960 (c. 56)

31 F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F58 S. 31 repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

32 Penalty for opening of mail bag by master or commander of ship or aircraft. U.K.

(1) If the master of a ship or the commander of an aircraft—

(a) opens a sealed mail bag with which he is entrusted for conveyance; or

(b) takes out of a mail bag with which he is entrusted for conveyance any postal packet or other thing,

he shall be liable on summary conviction to a fine not exceeding [F59 level 4 on the standard scale].

(2) If any person to whom postal packets have been entrusted by the master of a ship or the commander of an aircraft to deliver to the [F60 Post Office], breaks the seal, or in any manner wilfully opens them, he shall be liable on summary conviction to a fine not exceeding [F61 level 2 on the standard scale].

Textual Amendments

F59 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6

F60 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F61 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

Modifications etc. (not altering text)

C21 S. 32 applied (with modifications) (7.3.2001) by S.I. 2001/878, art. 10 (with art. 17)

Conveyance of mail bags by railway undertakers U.K.

33 Power to require provision of regular mail trains. U.K.

(1) The [F62 Post Office] may by notice in writing require any railway undertakers, as from the day specified in the notice (being not less than twenty-eight days from the service thereof), to convey either by ordinary trains or, if necessary, by special trains, at such times as the [F62 Post Office] may direct, all mail bags tendered to the undertakers, together with any [F63 persons engaged in the business of the Post Office] accompanying those mail bags.

(2) Any railway undertakers on whom any such notice is served shall, as from the day specified therein, provide at their own cost such vehicles attached to ordinary trains, or, as the case may be, such special trains, as may be sufficient for the conveyance of mail bags to the satisfaction of the [F62 Post Office] (in this Act referred to as “regular mail trains”) and shall in all respects comply with the notice, and shall receive, take up, deliver and leave any such mail bags and [F63 persons engaged in the business of the Post Office] as aforesaid at such places on the railway, on such days, at such times in the day, and subject to all such reasonable requirements and restrictions as to speed of travelling, places, times and duration of stoppages, and times of arrival, as the [F62 Post Office] may from time to time direct.

(3) The rate of speed of any regular mail train shall not be altered unless six months’ notice of the intended alteration has been given to the [F62 Post Office].

(4) Notwithstanding anything in the two last foregoing subsections, a regular mail train shall not be required to travel at any time on any part of a railway at a speed in excess of the maximum speed for the time being prescribed by the railway undertakers for the safe running of trains on that part of the railway.

Textual Amendments

F62 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(a)

F63 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

34 Additional provisions as to regular mail train services. U.K.

(1) [F64 Post Office] may, if [F64 it] thinks fit, in relation to any regular mail train—

(a) require that the whole of the inside of any vehicle used for the conveyance of mail bags shall be exclusively appropriated for that purpose;

(b) where the train is a special train, require by notice in writing that the whole of the train shall be appropriated to the service of the [F65 Post Office] to the exclusion of all other traffic except such as he may sanction.

(2) The [F64 Post Office] may require any railway undertakers to provide and equip separate vehicles fitted up as the [F64 Post Office] may direct for the purpose of sorting postal packets therein (in this Act referred to as “sorting carriages”), and the railway undertakers shall attach sorting carriages to such regular mail trains as the [F64 Post Office] may direct.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(4) The royal arms shall be painted on the outside of every sorting carriage instead of any other marking prescribed by law in respect of railway vehicles; but the want of the royal arms on any vehicle belonging to or used by the [F65 Post Office] shall not form an objecion to the running of that vehicle on any railway.

(5) For the greater security of mail bags conveyed by regular mail trains, the railway undertakers shall comply with such reasonable directions respecting the conveyance, delivery and leaving of mail bags and [F65 persons engaged in the business of the Post Office] accompanying them and vehicles used for the conveyance thereof as the [F64 Post Office] may from time to time give, and the undertakers shall be responsible for any failure on the part of their officers or servants to comply with any such directions:

Provided that no [F65 person engaged in the business of the Post Office] shall interfere with or give orders to an engine driver or other person having charge of a railway engine, but if any cause of complaint arises it shall be stated to the officer of the railway undertakers having charge of the train or to the chief officer of the undertakers on duty at any station upon the railway.

Textual Amendments

F64 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(a)

F65 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F66 S. 34(3) repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

35 Remuneration for regular mail train services. U.K.

Railway undertakers shall be entitled to be paid by the [F67 Post Office] such reasonable remuneration for any regular mail train services performed by them under this Act as may be agreed between the [F67 Post Office] and the undertakers or, in default of agreement, as may be determined by the Transport Tribunal:

Provided that the performance of any such services shall not be suspended, postponed or deferred by reason only that the remuneration to be paid for the services has not been either agreed or determined as aforesaid.

Textual Amendments

F67 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(a)

36 Alteration of regular mail train services. U.K.

(1) Notwithstanding any agreement or award as to the remuneration to be paid by the [F68 Post Office] to any railway undertakers for any regular mail train services performed by them, the [F68 Post Office] may, by notice in writing—

(a) require the undertakers, as from the day specified in the notice (being not less than twenty-eight days from the service thereof), to render such additional services as may be specified therein; or

(b) direct that, as from the day specified in the notice, those services or such part thereof as may be so specified shall be discontinued.

(2) As from the day specified in any such notice, any agreement or award as to remuneration for the regular mail train services provided by the railway undertakers shall cease to have effect, and the remuneration to be paid for any such services performed on or after that day as increased or reduced by such a requirement or direction as aforesaid shall be such as may be fixed by a new agreement between the [F68 Post Office] and the undertakers or, in default of agreement, as may be determined by the Transport Tribunal:

Provided that the provision of any services as so increased or reduced shall not be suspended, postponed or deferred by reason only that the remuneration to be paid therefor has not been either agreed or determined as aforesaid.

(3) Where any dispute as to remuneration is referred to the Transport Tribunal under the last foregoing subsection, that tribunal may award any compensation they consider reasonable to be paid to the railway undertakers for any loss that may be occasioned to the undertakers by the alteration or discontinuance of the services previously performed by them by means of any train or vehicle specially required by the [F68 Post Office] to be forwarded for the conveyance of mail bags.

(4) Where the day specified in any notice given under this section for the discontinuance in whole or in part of any regular mail train services is less than six months from the service of the notice, then, if the services are directed to be discontinued without cause stated or for any stated cause other than the default of the undertakers in the performance of any of the services required of them by the [F68 Post Office] or the breach by the undertakers of any agreement with the [F68 Post Office], the [F68 Post Office] shall pay to the undertakers such full and fair compensation for all loss occasioned by the discontinuance as may be agreed between the [F68 Post Office] and the undertakers or, in default of agreement, as may be determined by the Transport Tribunal.

Textual Amendments

F68 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(a)

37 Review of agreements and awards as to regular mail train services. U.K.

Where any agreement or award fixing the amount of remuneration to be paid to any railway undertakers for regular mail train services performed by them has been in force for a period of three years, the undertakers may, if they consider themselves aggrieved by the terms fixed by the agreement or award, by notice under their common seal require that the agreement or award shall be referred to the Transport Tribunal in order that it may be determined whether any and if so what alteration ought to be made therein:

Provided that the provision of any regular mail train services shall not be interrupted or impeded by reason of any such reference to the Transport Tribunal.

38 Conveyance of mail bags by railway otherwise than as part of regular mail train services. U.K.

(1) Railway undertakers shall, whether or not any notice requiring the provision of regular mail trains has been given to them by the [F69 Post Office] under this Act, convey by any train all mail bags tendered to them for conveyance by that train, whether or not those mail bags are accompanied by [F70 a person engaged in the business of the Post Office], and shall afford all reasonable facilities for the receipt and delivery of mail bags at any of their stations without requiring them to be booked or interposing any other delay, and where the mail bags are accompanied by [F70 a person engaged in the business of the Post Office] shall permit that officer to receive and deliver them at any station and render him such assistance as he may require.

(2) Railway undertakers shall be entitled to be paid by the [F69 Post Office] such reasonable remuneration for any services performed by them under the foregoing subsection as may be agreed between the [F69 Post Office] and the undertakers or, in default of agreement, as may be determined by the Transport Tribunal.

(3) The [F69 Post Office] may send any [F70 person engaged in the business of the Post Office] with mail bags not exceeding the weight of luggage allowed to any other passenger (or subject to the general rules of the railway undertakers for any excess of that weight) by any passenger train upon the same conditons as any other passenger; and in that case the undertakers shall not be responsible for the safe custody or delivery of the mail bags.

Textual Amendments

F69 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(a)

F70 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

39 Bye-laws, etc. of railway undertakers. U.K.

Railway undertakers shall not make any bye-laws, orders, rules or regulations which militate against or are contrary or repugnant to any of the provisions of this Act relating to the conveyance of mails by railway, and if any railway undertakers make any such bye-laws, orders, rules or regulations, whether before or after the [F71 Post Office] has signified [F71 its] intention that mail bags or vehicles for their carriage shall be conveyed by their railway, the bye-laws, orders, rules or regulations shall, so far as they militate against or are contrary or repugnant to any of the said provisions, be void.

Textual Amendments

F71 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(b)

40 Service of notices on railway undertakers. U.K.

Any notice authorised to be served by the [F72 Post Office] on railway undertakers under this Act may be served . . . F73

(a) . . . F73

(b) by leaving it at any station belonging to the undertakers.

Textual Amendments

F72 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(b)

F73 Word and s. 40(a) repealed by Transport Act 1962 (c. 46), Sch. 12 Pt. I, and repealed (N.I.) by S.I. 1984/1986 (N.I. 15), Sch. 3

41 Offences relating to conveyance of mails by railway. U.K.

If any railway undertakers—

(a) refuse or neglect to convey any mail bags tendered to them for that purpose by any [F74 person engaged in the business of the Post Office];

(b) refuse to convey on their railway any sorting carriage or other vehicle when required so to do by the [F75 Post Office] under the provisions of this Act;

(c) refuse or neglect to receive, take up, deliver or leave any mail bags, [F74 persons engaged in the business of the Post Office], sorting carriages or other vehicles at such places, at such times, on such days, and subject to such reasonable requirements and restrictions as to speed of travelling, places, times, and duration of stoppages, as the [F75 Post Office] may direct; or

(d) fail to observe such directions respecting the conveyance of mail bags, sorting carriages and other vehicles on their railway as the [F75 Post Office] may give,

the undertakers shall be liable on summary conviction to a fine not exceeding [F76 level 2 on the standard scale].

Textual Amendments

F74 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F75 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(b)

F76 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

42 Conveyance of mail bags on ships used by railway undertakers. U.K.

Where railway undertakers—

(a) own or work: or

(b) are parties to any arrangement for using, maintaining or working,

any mechanically-propelled ship for the purpose of carrying on communications between any towns or ports, whether situated in the British postal area or not, the provisions of this Act relating to the conveyance by railway of mail bags and any [F77 persons engaged in the business of the Post Office] accompanying them shall, subject to the necessary modifications, extend to the conveyance of mail bags and any such officers by that ship:

Provided that, without prejudice to section twenty-nine of this Act, paragraph (b) of this section shall not apply in relation to the conveyance of parcels.

Textual Amendments

F77 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

43 F78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F78 Ss. 43, 44(3)–(5), 45(2) repealed by Post Office Act 1969 (c. 48), s. 137(1)(3), Sch. 8 Pt. I

Conveyance of mail bags by tramways and public service vehicles U.K.

44 †Power to require services by tramways and certain public service vehicles. U.K.

(1) Subject to the provisions of the next following section, the [F79 Post Office] may by notice in writing require—

(a) . . . F80

(b) the [F81 British Railways Board and [F82 London Regional Transport]] in respect of any services of public service vehicles provided by them;

(c) any local authority in Great Britain authorised to run public service vehicles under Part V of the M4 Road Traffic Act 1930, in respect of services of such vehicles on any route authorised under the said Part V,

to perform such reasonable services with regard to the conveyance of mail bags as the [F79 Post Office] may from time to time direct.

(2) The remuneration for any services performed in pursuance of this section shall be such as may be from time to time determined by agreement between the [F79 Post Office] and the person performing the services or, in default of agreement, by the Transport Tribunal.

(3)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

Textual Amendments

F79 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(a)

F80 S. 44(1)(a) repealed by Post Office Act 1969 (c. 48), s. 137(1)(3), Sch. 8 Pt. I

F81 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I and Transport (London) Act 1969 (c. 35). Sch. 3 para. 1(1)(2)

F82 Words substituted by virtue of London Regional Transport Act 1984 (c. 32, SIF 126), s. 67(2)(3), Sch. 4 para. 1(2)(b)

F83 Ss. 43, 44(3)–(5), 45(2) repealed by Post Office Act 1969 (c. 48), s. 137(1)(3), Sch. 8 Pt. I

Modifications etc. (not altering text)

C22 Unreliable marginal note

Marginal Citations

M4 1930 c. 43.

45 Additional provisions as to conveyance of mail bags by tramways and public service vehicles. U.K.

(1) Where any . . . F84 , in Great Britain, any public service vehicle is conveying or intended to convey passengers only and not goods or parcels, nothing in the last foregoing section shall authorise the [F85 Post Office] to require mail bags to be conveyed therein either—

(a) unaccompanied by [F86 a person engaged in the business of the Post Office] travelling as a passenger; or

(b) in excess of the maximum weight for the time being fixed for the luggage of ordinary passengers.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

(3) Where . . . F84 , in Great Britain, any public service vehicle is conveying or intended to convey both parcels and passengers but not goods, nothing in the last foregoing section shall authorise the [F85 Post Office] to require mail bags to be carried therein in excess of the maximum weight for the time being fixed for ordinary parcels, or for the luggage of ordinary passengers, whichever is the greater.

(4) Mail bags carried . . . F84 in Great Britain, in a public service vehicle shall be so carried as not to inconvenience the passengers, so, however, that the custody of the mail bags by any [F86 person engaged in the business of the Post Office] accompanying them shall not be interfered with.

(5) Nothing in this section shall be taken as prejudicing the operation of section two of the M5 Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 (which relates to the conveyance of mails by public service vehicles in Northern Ireland).

Textual Amendments

F84 Words repealed by Post Office Act 1969 (c. 48), s. 137(1)(3), Sch. 8 Pt. I

F85 Words substituted by virtue of Post Office Act 1969 (c. 48), s. 20(2)(a)

F86 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F87 Ss. 43, 44(3)–(5), 45(2) repealed by Post Office Act 1969 (c. 48), s. 137(1)(3), Sch. 8 Pt. I

Marginal Citations

M5 1930 c. 24 (N.I.)

46—49. F88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F88 Ss. 46–49 repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

Extension of postal facilities and accommodation U.K.

50 Indemnity on account of extending Post Office accommodation. U.K.

The [F89 Post Office] may contract with, or take security from, any person applying to [F89 it] to establish any post or telegraph office, or to extend the accommodations of the postal or telegraphic services to any place, for indemnifying the [F89 Post Office] against any loss [F89 it] may sustain thereby, and the indemnity may be either for the whole or any part of the loss sustained, and for such time as the [F89 Post Office] may think necessary.

Textual Amendments

F89 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(11)

51 Power of local authority to contribute towards new post office or extra postal facilities. U.K.

(1) Where the council of any borough or [F90 district] consider that it would be beneficial to the inhabitants of the borough or district that any new post office should be on a more expensive site, or of a larger size, or of a more ornate building, or otherwise of a more expensive character than the [F91 Post Office] would otherwise provide, the council may contribute towards the new post office, either by a grant of money or, with the consent of the Minister of Housing and Local Government, by the appropriation of land belonging to the council or by the purchase of land for the purpose.

(2) Where the council of any [F92 London borough] consider that it would be beneficial to the inhabitants of the borough . . . F93 that any post or telegraph office should be established, or any additional postal or other facilities should be provided, by the [F91 Post Office] in or for the purposes of the borough . . . F93 the council may undertake to pay to the [F91 Post Office] any loss [F91 it] may sustain by reason of the establishment or maintenance of the office or the provision of the facilities.

(3) Where the council of any . . . F93 district, or the parish council of a parish, or in the case of a parish not having a parish council the parish meeting, consider that it would be for the benefit, in the case of a . . . F93 district council, of any . . . F93 place or places within their district or, in the case of a parish council or parish meeting, of their parish, that any post or other telegraph office should be established, or any additional postal or facilities should be provided, by the [F91 Post Office] whether within or without the area to be benefited, that council or meeting may undertake to pay to the [F91 Post Office] any loss [F91 it] may sustain by reason of the establishment or maintenance of the office or the provision of the facilities: . . . F93

(4) The council of a borough or [F90 district] may borrow for the purpose of subsection (1) of this section.

(5) The foregoing provisions of this section shall, in their application to Scotland, have effect subject to the following modifications:—

(a) for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State; for references to a borough [F94 urban district, rural district or parish and to the council thereof there shall be substituted references to an islands area or a district and to the council thereof; and references to a contributory place and to a parish meeting shall be omitted;]

(b) subsection (2), and subsection (3) from the words “and any” onwards, shall be omitted;

(c) . . . F95

(d) nothing in subsection (3) shall authorise the establishment of an office or the provision of facilities outside the area to be benefited.

(6) This section shall, in its application to Northern Ireland, have effect subject to the following modifications:—

(a) for the reference in subsection (1) to the Minister of Housing and Local Government there shall be substituted a reference to the [F96 Department of Environment for Northern Ireland];

[F97 (aa) for any reference to the council of any borough or urban district there shall be substituted a reference to a district council established under the M6 Local Government Act (Northern Ireland) 1972;

(ab) subsection (3) shall be omitted;]

(b)—(e) . . . F98

(f) subsection (4) shall be omitted.

(7) This section shall, in its application to the Isle of Man, have effect subject to the following modifications:—

(a) for the reference in subsection (1) to the Minister of Housing and Local Government there shall be substituted a reference to the Isle of Man Local Government Board; and for the references in that subsection to a borough or urban district and to the council thereof there shall be respectively substituted references to a local government district and to the local authority;

(b) any expenses incurred under subsection (1) may be paid as expenses of the local authority out of the district fund, and any money may be borrowed for the purposes of this section in the same manner and subject to the same conditions as if those purposes were purposes of the Local Government Acts 1916 to 1952, being Acts of the legislature of the Isle of Man, or any other Act of that legislature amending those Acts;

(c) subsections (2) to (4) shall be omitted.

Textual Amendments

F90 Word substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

F91 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(11)

F92 Words substituted by Local Government Act 1972 (c. 70), Sch. 29 para. 36

F93 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F94 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. II para. 112

F95 S. 51(5)(c) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F96 Words substituted by virtue of S.R. & O. (N.I.) 1964/205, Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1), S.I. 1973/2161 (N.I. 24) art. 3, S.R. & O. (N.I.) 1973/504; and 1976/424 (N.I. 6)

F97 S. 51(6)(aa)(ab) inserted by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F98 S. 51(6)(b)–(e) repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Modifications etc. (not altering text)

C23 Functions of Minister of Housing and Local Government under this section now exercisable by Secretary of State: S.I. 1965/319, art. 2(1), Sch. 1 Pt. I and 1970/1681, art. 2

C24 Functions of councils of boroughs or urban districts now exercisable (N.I.) by district councils: S.R. & O. (N.I.) 1973/256

Marginal Citations

M6 1972 c. 9 (N.I.)

General Offences U.K.

X1 52 Stealing mail bag or postal packet. U.K.

If any person—

(a) steals a mail bag;

(b) steals any postal packet in course of transmission by post;

(c) steals any chattel, money or valuable security out of a postal packet in course of transmission by post; or

(d) stops a mail with intent to rob or search the mail,

he shall [F99 be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding ten years].

Editorial Information

X1 S. 52 repealed (E.W.) by Theft Act 1968 (c. 60), Sch. 3 Pt. I and (N.I.) Theft Act (Northern Ireland) 1969 (c. 16), Sch. 3 Pt. I

Textual Amendments

F99 Words substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 3

Modifications etc. (not altering text)

C25 S. 52 applied (7.3.2001) by S.I. 2001/878, art. 4 (with art. 17)

53 Unlawfully taking away or opening mail bag. U.K.

If any person unlawfully takes away or opens a mail bag sent by any ship, vehicle or aircraft employed by or under the [F100 Post Office] for the transmission of postal packets under contract, or unlawfully takes a postal packet in course of transmission by post out of a mail bag so sent, he shall [F101 be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding five years].

Textual Amendments

F100 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F101 Words substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 4

Modifications etc. (not altering text)

C26 S. 53 amended as to mode of trial (E.W.) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 17, Sch. 1 para. 22

C27 S. 53 amended by S.I. 1981/1675, (N.I. 26), Sch. 2 para. 8

C28 S. 53 amended as to mode of trial by S.I. 1981/1675 (N.I. 26), arts. 45(1), 46(3) (as substituted by S.I. 1986/1883 (N.I. 15), art. 3(2), Sch. 2

X2 54 Receiver of stolen mail bag or postal packet. U.K.

If any person receives any mail bag, or any postal packet or any chattel or money or valuable security, the stealing . . . F102 or secreting of which amounts to [F103 an offence] under this Act, knowing it to have been so . . . F104 stolen . . . F102 or secreted, and to have been sent, or to have been intended to be sent, by post, he shall [F105 be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding fourteen years] and may be proceeded against and convicted whether the principal offender has or has not been previously convicted or is or is not amenable to justice.

Editorial Information

X2 S. 54 repealed by (E.W.) Theft Act 1968 (c. 60), Sch. 3 Pt. I and (N.I.) Theft Act (Northern Ireland) 1969 (c. 16), Sch. 3 Pt. I

Textual Amendments

F102 Words repealed by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 5(a)

F103 Words substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 5(b)

F104 Word repealed by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 5(b)

F105 Words substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 5(c)

Modifications etc. (not altering text)

C29 S. 54 applied (7.3.2001) by S.I. 2001/878, art. 4 (with art. 17)

55 Fraudulent retention of mail bag or postal packet. U.K.

Any person who fraudulently retains, or wilfully secretes or keeps, or detains, or who, when required by [F106 a person engaged in the business of the Post Office], neglects or refuses to deliver up—

(a) any postal packet which is in course of transmission by post and which ought to have been delivered to any other person; or

(b) any postal packet in course of transmission by post or any mail bag which has been found by him or by any other person,

shall be guilty of a misdemeanour and be liable to a fine and to imprisonment [F107 for a term not exceeding two years].

Textual Amendments

F106 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F107 Words inserted by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 6

Modifications etc. (not altering text)

C30 S. 53 amended as to mode of trial (E.W.) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 17, Sch. 1 para. 22

C31 S. 53 amended as to mode of trial by S.I. 1981/1675 (N.I. 26), arts. 45(1), 46(3) (as substituted by S.I. 1986/1883 (N.I. 15), art. 3(2), Sch. 2

C32 S. 55 amended by S.I. 1981/1675, (N.I. 26), Sch. 2 para. 8

56 Criminal diversion of letters from addressee. U.K.

(1) If any [F108 person not engaged in the business of the Post Office] wilfully and maliciously, with intent to injure any other person, either opens or causes to be opened any postal packet which ought to have been delivered to that other person, or does any act or thing whereby the due delivery of the packet to that other person is prevented or impeded, he shall be [F109 liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding six months or to both]

(2) Nothing in this section shall apply to a person who does any act to which this section applies where he is parent, or in the position of parent or guardian, of the person to whom the postal packet is addressed.

F110 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section the expression “postal packet” means a postal packet which is in course of transmission by post or which has been delivered by post.

Textual Amendments

F108 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(12).

F109 Words in s. 56(1) substituted (E.W.) by virtue of Criminal Law Act 1977 c. 45, Sch. 1 para. 10 and by Criminal Justice Act 1982 c. 48, s. 46; and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 c. 21, ss. 283A, 289A, Sch. 7A (the said amendment being continued in force (S.)(1.4.1996) by 1995 c. 40, s. 3, Sch. 1 para. 1, Sch. 2 Pt. I); and (N.I.) by 1986/1883 (N.I. 15), art. 4, Sch. 3.

F110 S. 56(3) repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. II.

Modifications etc. (not altering text)

C33 S. 56: Mode of trial specified (S.)(1.4.1996) by 1995 c. 46, ss. 292(1), 309(2), Sch. 10 para. 3 (with s. 24(2)).

C34 S. 56 amended (N.I.) by S.I. 1981/1675, (N.I. 26), Sch. 2 para. 8.

C35 S. 56 excluded (E.W.) by Mental Health Act 1983 (c. 20, SIF 85), s. 134(9) and (S.) by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 115(9).

C36 S. 56 excluded by S.I. 1986/595 (N.I. 4), art. 16(8).

57 Stealing, embezzlement, destruction etc. by officer of Post Office of postal packet. U.K.

If any [F111 person engaged in the business of the Post Office][F112 steals, or for any purpose whatever embezzles], secretes . . . F113 a postal packet in course of transmission by post, he shall be guilty of [F114 a misdemeanour] and be liable to imprisonment for a term not exceeding seven years . . . F115

Textual Amendments

F111 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F112 Words repealed (E.W.) by Theft Act 1968 (c. 60), Sch. 3 Pt. I

F113 Words repealed by (E.W.) (S.) Criminal Damage Act 1971 (c. 48), Sch. Pt. II and (N.I.) S.I. 1977/426 (N.I.4), Sch. 2

F114 Words substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 7(b)

F115 Words repealed by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 7(a)

Modifications etc. (not altering text)

C37 S. 53 amended as to mode of trial by S.I. 1981/1675 (N.I. 26), arts. 45(1), 46(3) (as substituted by S.I. 1986/1883 (N.I. 15), art. 3(2), Sch. 2

C38 S. 57 amended as to mode of trial (E.W.) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 17, Sch. 1 para. 22

C39 S. 57 amended by S.I. 1981/1675, (N.I. 26), Sch. 2 para. 8

58 Opening or delaying of postal packets by officers of the Post Office. U.K.

(1) If any [F116 person engaged in the business of the Post Office], contrary to his duty, opens, or procures or suffers to be opened, any postal packet in course of transmission by post, or wilfully detains or delays, or procures or suffers to be detained or delayed, any such postal packet, he shall be guilty of a misdemeanour and be liable to imprisonment [F117 for a term not exceeding two years] or to a fine, or to both:

Provided that nothing in this section shall extend to the opening, detaining or delaying of a postal packet returned for want of a true direction, or returned by reason that the person to whom it is directed has refused it, or has refused or neglected to pay the postage thereof, or that the packet cannot for any other reason be delivered, or to the opening, detaining or delaying of a postal packet under the authority of this Act or in obedience to [F118 a warrant issued by the Secretary of State under section 2 of the Interception of Communications Act 1985].

(2) In the application of the foregoing subsection to . . . F119 the Isle of Man, for the reference to [F118 a warrant issued by the Secretary of State under section 2 of the Interception of Communications Act 1985]there shall be substituted a reference to a warrant in writing under the hand of the Lieutenant-Governor issued with the sanction of a Secretary of State.

Textual Amendments

F116 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F117 Words inserted by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 6

F118 Words substituted by Interception of Communications Act 1985 (c. 56, SIF 96), s. 11(2)(a)

F119 Words repealed by S.I. 1973/2163, Sch. 6

Modifications etc. (not altering text)

C40 S. 53 amended as to mode of trial by S.I. 1981/1675 (N.I. 26), arts. 45(1), 46(3) (as substituted by S.I. 1986/1883 (N.I. 15), art. 3(2), Sch. 2

C41 S. 58 amended as to mode of trial (E.W.) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 17, Sch. 1 para. 22

C42 S. 58 amended by S.I. 1981/1675, (N.I. 26), Sch. 2 para. 8

59 Carelessness, negligence or misconduct of persons employed in carrying or delivering mail bags, postal packets, etc. U.K.

If any person employed to convey or deliver a mail bag, or a postal packet in course of transmission by post, or to perform any other duty in respect of a mail bag or such a postal packet—

(a) without authority whilst so employed, or whilst the mail bag or postal packet is in his custody or possession, leaves it, or suffers any person, not being the person in charge thereof, to ride in the place appointed for the person in charge thereof in or upon any vehicle used for the conveyance thereof, or to ride in or upon a vehicle so used and not licensed to carry passengers, or upon a horse used for the conveyance on horseback thereof;

(b) is guilty of any act of drunkenness whilst so employed;

(c) is guilty of carelessness, negligence or other misconduct whereby the safety of the mail bag or postal packet is endangered;

(d) without authority collects, receives, conveys or delivers a postal packet otherwise than in the ordinary course of post;

(e) gives any false information of an assault or attempt at robbery upon him; or

(f) loiters on the road or passage, or wilfully misspends his time so as to retard the progress or delay the arrival of a mail bag or postal packet in the course of transmission by post, or does not use due care and diligence safely to convey a mail bag or postal packet at the due rate of speed,

he shall be liable on summary conviction to a fine not exceeding [F120 level 2 on the standard scale].

Textual Amendments

F120 Words substituted (N.I.) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6, (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

60 Prohibition of placing injurious substances in or against post office letter boxes or telephone kiosks. U.K.

(1) A person shall not place or attempt to place in or against any post office letter box . . . F121 any fire, match, light, explosive substance, dangerous substance, filth, noxious or deleterious substance, or fluid, and shall not commit a nuisance in or against any post office letter box . . . F121 , and shall not do or attempt to do anything likely to injure the box, . . . F121 or its appurtenances or contents.

(2) If any person acts in contravention of this section, he shall be liable on summary conviction to a fine not exceeding [F122 £100] or on conviction on indictment to imprisonment for a term not exceeding twelve months.

Textual Amendments

F121 Words repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II

F122 Words substituted by Criminal Justice Act 1967 (c. 80), s. 92, Sch. 3 Pt. I

61 Prohibition of affixing placards, notices, etc. on post office letter boxes, etc. U.K.

(1) A person shall not without due authority affix or attempt to affix any placard, advertisement, notice, list, document, board or thing in or on, or paint or tar, any post office, post office letter box, . . . F123 or other property belonging to or used by or on behalf of the [F124 Post Office], and shall not in any way disfigure any such office, box, . . . F123 or property.

(2) If any person acts in contravention of this section, he shall be liable on summary conviction to a fine not exceeding [F125 level 1 on the standard scale].

Textual Amendments

F123 Words repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II

F124 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(13)

F125 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6

62 Prohibition of imitation of post office stamps, envelopes, forms and marks. U.K.

(1) A person shall not without due authority—

(a) make, issue, or send by post or otherwise any envelope, wrapper, card, form or paper in imitation of one issued by or under the authority of the [F126 Post Office] or of any other postal administration, or having thereon any words, letters or marks which signify or imply or may reasonably lead the recipient thereof to believe that a postal packet bearing them is sent on Her Majesty’s service;

(b) make on any envelope, wrapper, card, form or paper for the purpose of being issued or sent by post or otherwise, or otherwise used, any mark in imitation of or similar to or purporting to be any stamp or mark of any post office under the [F126 Post Office] or under any other postal administration, or any words, letters or marks which signify or imply or may reasonably lead the recipient thereof to believe that a postal packet bearing them is sent on Her Majesty’s service; or

(c) issue or send by post or otherwise any envelope, wrapper, card, form or paper so marked.

(2) If any person acts in contravention of this section, he shall be liable on summary conviction to a fine not exceeding [F127 level 1 on the standard scale].

Textual Amendments

F126 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(14)

F127 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6

63 Prohibition of fictitious stamps. U.K.

(1) [F128 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] . . . F129

(a) make, knowingly utter, deal in or sell any fictitious stamp;

(b) have in his possession, unless he shows a lawful excuse, any fictitious stamp; or

(c) make or, unless he shows a lawful excuse, have in his possession any die, plate, instrument or materials for making any fictitious stamp.

(2) A person shall not knowingly use for the purposes of the Post Office any fictitious stamp.

(3) If any person acts in contravention of the foregoing provisions of this section, he shall be liable on summary conviction to a fine [F130 not exceeding [F131 level 3 on the standard scale]]

(4) Any stamp, die, plate, instrument or materials found in the possession of any person in contravention of subsection (1) of this section may be seized and shall be forfeited.

(5) The importation into the United Kingdom . . . F132 —

(a) of any facsimile, imitation or representation, whether on paper or otherwise, of any stamp for denoting any rate of postage, whether of the British postal area or of any country outside that area; or

(b) of any die, plate, instrument or materials for making such a facsimile, imitation or representation,

is hereby prohibited.

(6) In this section the expression “fictitious stamp” means any facsimile, imitation or representation, whether on paper or otherwise, of any stamp for the time being authorised or required to be used for the purposes of the Post Office or of [F133 any current stamp for denoting a rate of postage of any country outside the British postal area].

(7) Notwithstanding anything in [F134 sections 16(1) and 17(2)(a) of the M7 Interpretation Act 1978] (which relates to the effect of repeal and re-enactment), any reference to section sixty-five of the M8 Post Office Act 1908, in, or in any regulations made under, any other enactment applying or adapting that section for the purposes of that enactment or of any such regulations shall, unless the contrary intention appears, be construed as a reference to the provisions of that section as originally enacted, being the provisions set out in the Second Schedule to this Act.

Textual Amendments

F128 Words substituted by Post Office Act 1969 (c. 48), Sch. 4 para. 2(15)

F129 Words repealed by Post Office Act 1961 (c. 15), Sch.

F130 Words substituted by Forgery and Counterfeiting Act 1981 (c.45, SIF 39:7), s. 29

F131 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c.48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), s. 289G and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6

F132 Words repealed by S.I. 1973/960, art. 14

F133 Words substituted by Post Office Act 1969 (c. 48), Sch. 5 para. 3

F134 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Modifications etc. (not altering text)

C43 S. 63 amended by S.I. 1969/1368, art. 12 and S.I. 1973/960, art. 14

C44 Power to apply s.63 conferred by National Debt Act 1972 (c. 65), s. 10(1), Social Security Act 1975 (c. 14), Sch. 1 para. 6(3) and Social Security (Northern Ireland) Act 1975 (c. 15), Sch. 1 para. 6(3)

C45 Power to apply s. 63 conferred (E.W.S.) (1.7.1992) by Social Security Contributions and Benefits Act 1992 (c. 4), ss. 1(4), 177(4), Sch. 1 para. 8(3)(b) (with s. 108(5)).

Power to apply s. 63 conferred (N.I.) (1.7.1992) by Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), ss. 1(4), 173(4), Sch. 1 para. 8(3)(b) (with s. 108(5)).

Marginal Citations

M7 1978 c. 30.

M8 1908 c. 43.

64 Prohibition of false notice as to reception of letters, etc. U.K.

(1) A person shall not without the authority of the [F135 Post Office] place or maintain in or on any house, wall, door, window, box, post, pillar or other place belonging to him or under his control, any of the following words, letters or marks, that is to say—

(a) the words “post office” . . . F136 ;

(b) the words “letter box” accompanied with words, letters or marks which signify or imply or may reasonably lead the public to believe that it is a post office letter box; or

(c) any words, letters or marks which signify or imply or may reasonably lead the public to believe that any house or place is a post office, . . . F136 , or that any box is a post office letter box;

and every person, when required by a notice given by the [F135 Post Office] to remove or efface any such words, letters or marks as aforesaid, or to remove or effectually close up any letter box belonging to him or under his control which has been a post office letter box, shall comply with the requirement.

(2) A person shall not without the authority of the [F135 Post Office]—

(a) place or maintain in or on any ship, vehicle, aircraft or premises belonging to him or under his control; or

(b) use in any document in relation to himself or any other person or in relation to any ship, vehicle, aircraft or premises, the words “Royal Mail” or “Royal Air Mail” or any words, letters or marks which signify or imply or may reasonably lead the public to believe that the ship, vehicle, aircraft or premises is or are used by the [F135 Post Office] or with his authority for the purpose of collecting or conveying postal packets or that he or that other person is authorised by the [F135 Post Office] to collect or convey such packets; and every person when required by a notice given by the [F135 Post Office] to remove or efface or cease to use any such words, letters or marks as aforesaid shall comply with the requirement.

(3) If any person acts in contravention of this section, he shall be liable on summary conviction to a fine not exceeding [F137 level 1 on the standard scale], and, if the offence is continued after a previous conviction, to a fine not exceeding [F138 25p.] for every day during which the offence so continues.

Textual Amendments

F135 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(14)

F136 Words repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II

F137 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by S.I. 1984/703 (N.I. 3), arts. 5, 6

F138 Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

65 Obstruction and molestation of officers of the Post Office. U.K.

(1) If any person wilfully obstructs or molests, or incites anyone to obstruct or molest [F139 a person engaged in the business of the Post Office] in the execution of his duty, or whilst in any post office or within any premises belonging to any post office or used therewith obstructs the course of business of the [F139 Post Office], he shall be liable on summary conviction to a fine not exceeding [F140 level 1 on the standard scale]or to imprisonment for a term not exceeding one month, or to both.

(2) Any [F139 person engaged in the business of the Post Office] may require any person guilty of any offence under this section to leave a post office or any such premises as aforesaid and, if the person so required refuses or fails to comply with the requirement, he shall be liable on summary conviction to a further fine not exceeding [F140 level 1 on the standard scale]and may be removed by any officer of the Post Office, and any constable shall on demand remove or assist in removing any such person.

Textual Amendments

F139 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F140 Words substituted (N.I.) by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6, and substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

65A F141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F141 S. 65A repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II

66 F142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F142 S. 66 repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. I

67 F143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F143 S. 67 repealed by Statute Law Revision Act 1960 (c. 56)

68 Endeavouring to procure the commission of any felony or misdemeanour. U.K.

If any person solicits or endeavours to procure any other person to commit an offence punishable on indictment under this Act, he shall be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding two years.

Modifications etc. (not altering text)

C46 S. 68 applied (7.3.2001) by 2001/878, art. 12 (with art. 17)

Legal Proceedings U.K.

69 Summary proceedings. U.K.

(1) Proceedings for any offence against this Act punishable on summary conviction may be commenced at any time within one year next after the commission of the offence.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144

Textual Amendments

F144 S. 69(2) repealed by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 9

Modifications etc. (not altering text)

C47 S. 69 applied (7.3.2001) by S.I. 2001/878, art. 13 (with art. 17)

[F145 70 Prosecution of certain offences in any jurisdiction of British postal area. U.K.

(1) Where a person—

(a) steals or attempts to steal any mail bag or postal packet in the course of transmission as such between places in different jurisdictions in the British postal area, or any of the contents of such a mail bag or postal packet; or

(b) in stealing or with intent to steal any such mail bag or postal packet or any of its contents, commits any robbery, attempted robbery or assault with intent to rob;

then, in whichever of those jurisdictions he does so, he shall by virtue of this section be guilty in each of the jurisdictions in which this subsection has effect of committing or attempting to commit the offence against section 52 of this Act, or the offence referred to in paragraph (b) of this subsection, as the case may be, as if he had done so in that jurisdiction, and he shall accordingly be liable to be prosecuted, tried and punished in that jurisdiction without proof that the offence was committed there.

(2) In subsection (1) above the reference to different jurisdictions in the British postal area is to be construed as referring to the several jurisdictions of England and Wales, of Scotland, of Northern Ireland, . . . F146 ; and that subsection shall have effect in each of those jurisdictions except England and Wales [F147 and Northern Ireland]].

Textual Amendments

F145 S. 70 substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 10

F146 Words repealed by S.I. 1973/960, art. 15

F147 Words inserted by Theft Act (Northern Ireland) 1969 (c. 16), Sch. 2

71 F148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F148 S. 71 repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

72 Evidence of thing being postal packet, and of consent of Postmaster-General to prosecution. U.K.

(1) On the prosecution of any offence against this Act, whether summarily or on indictment, evidence that any article is in the course of transmission by post, or has been accepted on behalf of the Postmaster-General [F149 or the Post office] for transmission by post, shall be sufficient evidence that the article is a postal packet.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F150

[F151 (3)I n any proceedings in England or Wales for an offence under section 53, 55, 56, 57 or 58 of this Act, section 27(4) of the M9 Theft Act 1968 shall apply as it is expressed to apply to proceedings for the theft of anything in the course of transmission by post; and in the case of proceedings under section 53 of this Act a statutory declaration made by any person that a vessel, vehicle or aircraft was at any time employed by or under the Post Office for the transmission of postal packets under contract shall be admissible as evidence of the facts stated in the declaration subject to the same conditions as under section 27(4)(a) and (b) of the M10 Theft Act 1968 apply to declarations admissible under section 27(4).]

[F152 (4) In any proceedings in Northern Ireland for an offence under section 53, 55, 56, 57 or 58 of this Act, section 26(5) of the M11 Theft Act (Northern Ireland) 1969 shall apply as it is expressed to apply to proceedings for the theft of anything in the course of transmission by post; and, in the case of proceedings under section 53 of this Act, a statutory declaration made by any person that a vessel, vehicle or aircraft was at any time employed by or under the Post Office for the transmission of postal packets under contract shall be admissible as evidence of the facts stated in declaration subject to the same conditions as under section 26(5)(a) and (b) of the Theft Act (Northern Ireland) 1969 apply to declarations admissible under section 26(5).]

Textual Amendments

F149 Words inserted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(17)

F150 S. 72(2) repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. II

F151 S. 72(3) added by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. II

F152 S. 72(4) added by Theft Act (Northern Ireland) 1969 (c. 16), Sch. 2

Modifications etc. (not altering text)

C48 S. 72 applied (with modifications) (7.3.2001) by 2001/878, art. 14 (wth art. 17)

C49 S. 72(3) amended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(18)

Marginal Citations

M9 1968 c. 60.

M10 1968 c. 60.

M11 1969 c. 16 (N.I.)

73 F153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F153 S. 73 repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

74 F154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F154 S. 74 repealed by Post Office Act 1961 (c. 15), s. 24(1)

75 F155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F155 S. 75 repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

76 Recovery of sums from officers of Post Office. U.K.

Where any sum not exceeding twenty pounds is due from any [F156 person engaged in the business of the Post Office] or from his sureties in respect of moneys received in the discharge of his duty, it may, without prejudice to any other mode of recovery, be recovered in England, Wales or Northern Ireland summarily as a civil debt . . . F157

Textual Amendments

F156 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F157 Words repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

Modifications etc. (not altering text)

C50 S. 76 applied (22.3.2001) by S.I. 2001/1148, art. 6 (with art. 34)

Miscellaneous and General U.K.

77 F158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F158 S. 77 repealed by Post Office Act 1969 (c. 48), s. 68(a)

78 Provision as to post office letter boxes. U.K.

(1) Where it appears to the [F159 Post Office] that any post office letter box, by reason of being on the premises of any private person or otherwise, is so situated as not to afford the same security against the improper removal of postal packets thereform or other fraud as exists in the case of other post office letter boxes, [F159 it] may declare that that post office letter box shall be a private posting box, and shall affix upon or near the box a notice of its being and of the effect of its being a private posting box, and a postal packet put into that box shall not, for the purpose of any enactment, law or contract whereby the due posting of a postal packet is evidence of the receipt thereof by the addressee, be deemed to have been duly posted.

(2) A certificate [F160 signed by or on behalf of the Postmaster General] to the effect that any box or receptacle is or was provided by the permission or under the authority of the Postmaster-General for the purpose of receiving postal packets or any class of postal packets, shall in any legal proceedings be sufficient proof of the facts stated in the certificate unless the contrary is shown.

Textual Amendments

F159 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(19)

F160 Words substituted by Post Office Act 1961 (c. 15), Sch.

Modifications etc. (not altering text)

C51 s. 78(2) amended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(19)

S. 78(2) applied (with modifications) by S.I. 2001/1148, art. 7 (with art. 34)

79 Surrender of clothing by officer of Post Office on ceasing to be officer. U.K.

(1) Where [F161 a person engaged in the business of the Post Office] vacates his office (whether by reason of dismissal, resignation, death or otherwise) he, or if he is dead his personal representative or the person acting as his personal representative, shall deliver to the [F162 Post Office] all articles (whether uniform, accoutrements, appointments or other necessaries) which have been issued to the officer vacating his office for the execution of his duty and are not the property of that officer, and shall deliver the articles in good order and condition, fair wear and tear only excepted.

(2) If any person fails to comply with the provisions of this section he shall be liable on summary conviction to a fine not exceeding £2, and also to pay such further sum not exceeding £2 as the court may determine to be the value of the articles not delivered, or, if the articles have been delivered but not in good order and condition, of the damage done to the articles.

(3) Any justice of the peace and in Scotland any sheriff or magistrate of a burgh may issue a warrant by virtue of which a constable may search for and seize any articles not delivered as required by this section, in like manner as if they were stolen goods and the warrant were a warrant to search for stolen goods.

Textual Amendments

F161 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

F162 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(2)

Modifications etc. (not altering text)

C52 S. 79(2): Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)(6)(9) (increase of fines) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 (substitution of references to levels on the standard scale) apply (E.W.); Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289F (increase of fines), 289G (substitution of references to levels on the standard scale) apply (S.) and S.I. 1984/703 (N.I. 3), arts. 6 (increase of fines) and 5 (substitution of references to levels on the standard scale) apply (N.I.)

C53 Functions of magistrate of a burgh now exercisable by justice of the peace: District Courts (Scotland) Act 1975(c. 20), s. 1(2)

80 F163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F163 S. 80 repealed by Post Office Act 1961 (c. 15), Sch.

81 F164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F164 S. 81 repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

82, 83. F165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F165 Ss. 82, 83 repealed by Post Office Act 1961 (c. 15), Sch.

84 F166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F166 S. 84 repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

85 F167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F167 S. 85 repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

86 F168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F168 S. 86 repealed by Post Office Act 1969 (c. 48), Sch. 8, Pt. II

87 Interpretation. U.K.

(1) In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively:—

• . . . F169

• “British postal area” means the United Kingdom, . . . F170 ;

• “chattel” in relation to Scotland means a corporeal moveable;

• “commander”, in relation to an aircraft, includes the pilot or other person in charge of the aircraft;

• “foreign”, in relation to any postal packet, means either posted in the British postal area and sent to a place outside that area, or posted in a place outside that area and sent to a place within that area, or in transit through the British postal area to a place outside that area;

• “inland”, in relation to any postal packet or any description thereof, means posted within the British postal area and addressed to some place in that area, and “inland postage” means the postage chargeable on an inland postal packet;

• “mail” includes every conveyance by which postal packets are carried, whether it be a ship, aircraft, vehicle, horse or any other conveyance, and also a person employed in conveying or delivering postal packets;

• “mail bag” includes . . . F171 any form of container or covering in which postal packets in course of transmission by post are conveyed, whether or not it contains any such packets;

• . . . F169

• “master”, in relation to a ship, includes every person (except a pilot) having command or charge of the ship, whether the ship is a ship of war or other ship;

• “officer of the Post Office” includes the Postmaster-General, and any person employed in any business of the Post Office, whether employed by the Postmaster-General or by any person under him or on behalf of the Post office;

• “parcel” means any postal packet defined as a parcel by . . . F172 [F173 the provisions of a scheme made under s. 28 of the M12 Post Office Act 1969].

• . . . F169

• “postal packet” means a letter, postcard, reply postcard, newspaper, printed packet, sample packet, or parcel, and every packet or article transmissible by post, and includes a telegram;

• “post office” includes any house, building, room, vehicle or place used for the purposes of the Post Office, and any post office letter box;

• “post office letter box” includes any pillar box, wall box, or other box or receptacle provided by the permission or under the authority of the Postmaster-General [F174 or the authority established by section 6 of the M13 Post Office Act 1969] for the purpose of receiving postal packets, or any class of postal packets, for transmission by or under the authority of the Postmaster-General [F174 or the authority established by section 6 of the Post Office Act 1969];

• . . . F175

• “railway undertakers” means any authority, body or person authorised by any enactment to construct, work or carry on a railway;

• “regular mail train” has the meaning assigned by section thirty-three of this Act, and “regular mail train services” means services performed under that section or section thirty-four of this Act including services performed under those sections by virtue of section forty-two . . . F176 of this Act;

• . . . F169

• “ship” includes any boat or vessel whatsoever;

• “sorting carriage” has the meaning assigned by section thirty-four of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F177

• “the purposes of the Post Office” includes any purpose relating to or in connection with the execution of any duties for the time being undertaken by the Postmaster-General or any of his officers;

• . . . F169

• [F178 “valuable security” means any document creating, transferring, surrendering or releasing any right to, in or over property, or authorising the payment of money or delivery of any property, or evidencing the creation, transfer, surrender or release of any such right, or the payment of money or delivery of any property, or the satisfaction of any obligation];

• “vehicle” includes a railway vehicle.

[F179 (1A) In the application of this Act to Great Britain, references to public service vehicles shall be construed in like manner as if they were contained in the M14 Road Traffic Act 1960].

(2) For the purposes of this Act—

(a) a postal packet shall be deemed to be in course of transmission by post from the time of its being delivered to any post office to the time of its being delivered to the addressee;

(b) the delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post or to an officer of the Post Office to be dealt with in the course of his duty shall be a delivery to a post office;

[F180 (c) the delivery of a postal packet—

(i) at the premises to which it is addressed or redirected, except they be a post office from which it is to be collected;

(ii) to any box or receptacle to which the occupier of those premises has agreed that postal packets addressed to persons at those premises may be delivered; or

(iii) to the addressee’s servant or agent or to some other person considered to be authorised to receive the packet.

shall be a delivery to the addressee.]

(3) Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

(4) A reference in any enactment other than this Act to a post letter shall be construed as a reference to a postal packet within the meaning of this Act.

Textual Amendments

F169 Definition repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

F170 Words repealed by S.I. 1969/1368, art. 14 and 1973/960, art. 16

F171 Words repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

F172 Words repealed by Post Office Act 1961 (c. 15), Sch.

F173 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(21)

F174 Words inserted by Post Office Act 1969 (c. 48), Sch. 4 para. 2(22)

F175 Definitions repealed by Road Traffic Act 1960 (c. 16), Sch. 18 and Post Office Act 1969 (c. 48), Sch. 11 Pt. II

F176 Words repealed by Post Office Act 1969 (c. 48), Sch. 8 Pt. I

F177 Definition “telegraph post” repealed by British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 6 Pt. II

F178 Definition substituted (except in relation to England and Wales and Northern Ireland) by Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 12; definition of “valuable security” repealed by (E.W.) Theft Act 1968 (c. 60), Sch. 2 Pt. I para. 12 and (N.I.) Theft Act (Northern Ireland) 1969 (c. 16), Sch. 3. Pt. II

F179 S. 87(1A) inserted by Road Traffic Act 1960 (c. 16), Sch. 17

F180 S. 87(2)(c) substituted by British Telecommunications Act 1981 (c. 38, SIF 96), s. 77

Modifications etc. (not altering text)

C54 Definition of “the purposes of the Post Office” in s. 87(1) amended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(23)

C55 S. 87(1) amended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(25)

C56 S. 87(2)(b) amended by Post Office Act 1969 (c. 48), Sch. 4 para. 2(24)

Marginal Citations

M12 1969 c. 48.

M13 1969 c. 48.

M14 1960 c. 16.

88 Application to Northern Ireland—general. U.K.

(1) The following provisions of this section shall have effect for the purposes of the application of this Act to Northern Ireland.

(2) Except where the context otherwise requires, the following expressions have the following meanings respectively—

• “enactment” includes an enactment of the Parliament of Northern Ireland;

• “public service vehicle” means a public service vehicle within the meaning of the M15 Motor Vehicles and Road Traffic Acts (Northern Ireland) 1926 to 1945, not being a vehicle licensed as a motor hackney carriage pursuant to regulations for the time being in force under Part II of the Motor Vehicles (Traffic and Regulation) Act (Northern Ireland) 1926;

• . . . F181

(3) Any reference in this Act to any enactment of the Parliament of the United Kingdom shall be construed as a reference to that enactment as it applies in Northern Ireland.

(4) [F182 Sections 16(1) and 17(2)(a) of the M16 Interpretation Act 1978], shall have effect as if the expressions “Act” and “enactment” therein included enactments of the Parliament of Northern Ireland.

[F183 (5) Any reference in this Act (except in section 29) to the Transport Tribunal shall be construed as a reference to [F184 the Department of the Environment for Northern Ireland.]]

Textual Amendments

F181 Definition of “summary conviction” repealed by Northern Ireland Act 1962 (c. 30), Sch. 4 Pt. IV

F182 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

F183 s. 88(5) inserted by S.R. & O. (N.I.) 1968/85

F184 Words substituted by Northern Ireland Constitution Act 1973 (c. 36), Sch. 5, S.I. 1973/2161 (N.I. 24), art. 3 and S.R. & O. (N.I.) 1973/504

Marginal Citations

M15 1926 c. 31. (N.I.)

M16 1978 c. 30.

89 F185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F185 S. 89 repealed by S.I. 1972/1816, art. 8

90 Application to Isle of Man—general. U.K.

(1) This Act except sections thirty-three to forty-five shall extend to the Isle of Man.

(2) Any offence against this Act which is punishable on summary conviction and any fine under this Act which is recoverable on summary conviction may, in the Isle of Man, be prosecuted or recovered before a court of summary jurisdiction constituted in accordance with the Petty Sessions and Summary Jurisdiction Acts 1927 and 1946, being acts of the legislature of the Isle of Man, or any other Act of that legislature whether passed before or after the commencement of this Act, and at the instance of [F186 a person engaged in the business of the Post Office] or of a constable.

(3) In the application of this Act to the Isle of Man, except where the context otherwise requires, the following expressions have the following meanings respectively—

• “indictment” means an information;

• “public service vehicle” means a motor vehicle licensed as a road service vehicle, stage coach or hackney carriage, not being a vehicle adapted to carry less than eight passengers which carries those passengers otherwise than at separate fares.

(4) Any Act of the legislature of the Isle of Man punishing offences committed in relation to post letters or post letter bags shall have effect as if a parcel were a post letter and any receptacle containing a parcel were a post letter bag.

(5) For the purposes of sections fifty-two to fifty-eight of this Act, section thirty-six of the Petty Sessions and Summary Jurisdiction Act 1927 (being an Act of the legislature of the Isle of Man) (which relates to the summary trial of indictable offences), and any other enactment of that legislature, whether passed before or after the commencement of this Act, amending the said section thirty-six, shall have effect as if offences under the said sections of this Act were included in the Third Schedule to the said Act of 1927.

Textual Amendments

F186 Words substituted by virtue of Post Office Act 1969 (c. 48), Sch. 4 para. 2(1)

91 Repeals and savings. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F187

(2) Any letters patent granted, warrant, arrangement or appointment made, direction, decision or undertaking given, post established, registration effected, notice served, sanction obtained or other thing done under any enactment repealed by this Act or by the M17 Post Office Act 1908, shall, if in force at the commencement of this Act, continue in force and have effect as if granted, made, given, established, effected, served, obtained or done under the corresponding provision of this Act.

(3) Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

(4) Save as expressly provided by this Act, any reference in any enactment, warrant or other document whatsoever to the Post Office Acts, or any of them, or to the Post Office laws, or to any enactment repealed by this Act, shall unless the contrary intention appears be construed as a reference to this Act or to the corresponding provision of this Act, as the case may require.

(5) Nothing in this section shall affect any Act of the legislature of the Isle of Man in force at the commencement of the M18 Post Office Act 1908.

(6) Nothing in the foregoing provisions of this section shall be taken as prejudicing the operation of [F188 sections 16(1) and 17(2)(a) of the M19 Interpretation Act 1978] (which relates to the effect of repeals).

Textual Amendments

F187 S. 91(1) repealed by Statute Law (Repeals) Act 1974 (c. 22) Sch. Pt. XI

F188 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M17 1908 c. 48.

M18 1908 c. 48.

M19 1978 c. 30.

92 Short title. U.K.

(1) This Act may be cited as the Post Office Act 1953.

(2) This Act shall come into force one month after the passing thereof.

SCHEDULES

F189 F189 FIRST SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189 Sch. 1 repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

Section 63.

SECOND SCHEDULE U.K. Section sixty-five of the M20 Post Office Act 1908, as originally enacted.

Marginal Citations

M20 1908 c. 48.

Prohibition of fictitious stamps. U.K.

65 (1) A person shall not—

(a) make, knowingly utter, deal in or sell any fictitious stamp, or knowingly use for any postal purpose any fictitious stamp; or

(b) have in his possession, unless he shows a lawful excuse, any fictitious stamp; or

(c) make, or, unless he shows a lawful excuse, have in his possession, any die, plate, instrument or materials for making any fictitious stamp.

(2) If any person acts in contravention of this section he shall be liable on summary conviction on a prosecution by order of the Commissioners of Inland Revenue to a fine not exceeding twenty pounds, subject to the like right of appeal as in the case of a penalty under the Acts relating to the Excise.

(3) Any stamp, die, plate, instrument, or materials found in the possession of any person in contravention of this section may be seized and shall be forfeited.

(4) For the purposes of this section “fictitious stamp” means any facsimile or imitation or representation, whether on paper or otherwise, of any stamp for denoting any rate of postage, including any stamp for denoting a rate of postage of any British possession or of any foreign country.

F190 F190 THIRD SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F190 Sch. 3 repealed by Statute Law (Repeals) Act 1974 (c. 22) Sch. Pt. XI