The Postal Services Act 2011 (Disclosure of Information) Order 2012

Statutory Instruments

2012 No. 1128

Postal Services

The Postal Services Act 2011 (Disclosure of Information) Order 2012

Made

19th April 2012

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by section 56(2) and (3) of the Postal Services Act 2011(1).

In accordance with sections 56(4) and 89(4) of that Act a draft of this Order was laid before and approved by a resolution of each House of Parliament.

Citation and Commencement U.K.

1.—(1) This Order may be cited as the Postal Services Act 2011 (Disclosure of Information) Order 2012.

(2) This Order comes into force on the day following the day on which it is made.

Commencement Information

I1 Art. 1 in force at 20.4.2012, see art. 1(2)

Interpretation U.K.

2.  In this Order, “the Act” means the Postal Services Act 2011.

Commencement Information

I2 Art. 2 in force at 20.4.2012, see art. 1(2)

Prescription of bodies and persons U.K.

3.  Each of the following is a prescribed body or other person for the purposes of section 56(2)(d) of the Act—

• [F1 the Bank of England;]

• the Civil Aviation Authority;

• the Coal Authority;

• [F2 the Competition and Markets Authority];

• the Consumer Panel (as established under section 16(2) of the Communications Act 2003(2));

• any district council in Northern Ireland;

• [F3 the Financial Conduct Authority;]

• the Gas and Electricity Markets Authority;

• [F4 the General Consumer Council for Northern Ireland;]

• the Health and Safety Executive;

• the Health and Safety Executive for Northern Ireland;

• the Insolvency Practitioners Tribunal;

• any local weights and measures authority in Great Britain;

• any Minister of the Crown;

• F5 ...

• [F4 the National Association of Citizens Advice Bureaux;]

• the Northern Ireland Authority for Utility Regulation;

• any Northern Ireland department;

• any Northern Ireland Minister;

• [F6 the Office for Nuclear Regulation];

• F7 ...

• [F8 the Office of Rail and Road];

• any official receiver in England, Wales or Northern Ireland;

• [F1 the Prudential Regulation Authority;]

• [F4 the Scottish Association of Citizens Advice Bureaux;]

• any Scottish Minister;

• the Treasury;

• the Water Appeals Commission for Northern Ireland;

• the Water Services Regulation Authority.

Textual Amendments

F1 Words in art. 3 inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 224(b)

F2 Words in art. 3 substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 46(2)(a) (with art. 3)

F3 Words in art. 3 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), art. 1(1), Sch. 2 para. 224(a)

F4 Words in art. 3 inserted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 27(b) (with Sch. 1 para. 28, 2 paras. 13-15)

F5 Words in art. 3 omitted (1.4.2014) by virtue of The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 27(a) (with Sch. 1 para. 28, 2 paras. 13-15)

F6 Words in art. 3 inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 205(2) (with Sch. 4)

F7 Words in art. 3 omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 46(2)(b) (with art. 3)

F8 Words in art. 3 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 10(ff) (as extended to U.K. (29.7.2016) by virtue of by S.I. 2016/645, reg. 1(1), Sch. 1 para. 5 (with reg. 4))

Commencement Information

I3 Art. 3 in force at 20.4.2012, see art. 1(2)

Prescription of enactments U.K.

4.  Each of the following is a prescribed enactment for the purposes of section 56(2)(d) or (f) of the Act—

• the Industrial and Provident Societies Act 1965(3);

• the Industrial and Provident Societies Act 1967(4);

• the Trade Descriptions Act 1968(5);

• the Friendly and Industrial and Provident Societies Act 1968(6);

• the Fair Trading Act 1973(7);

• the Health and Safety at Work etc. Act(8);

• the Consumer Credit Act 1974(9);

• the Friendly Societies Act 1974(10);

• the Industrial and Provident Societies Act 1975(11);

• the Industrial and Provident Societies Act 1978(12);

• the Credit Unions Act 1979(13);

• the Estate Agents Act 1979(14);

• the Competition Act 1980(15);

• the Solicitors (Scotland) Act 1980(16);

• the Telecommunications Act 1984(17);

• the Companies Act 1985(18);

• the Airports Act 1986(19);

• the Gas Act 1986(20);

• the Insolvency Act 1986(21);

• the Company Directors Disqualification Act 1986(22);

• the Building Societies Act 1986(23);

• the Consumer Protection Act 1987(24);

• the Water Act 1989(25);

• the Electricity Act 1989(26);

• the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(27);

• the Courts and Legal Services Act 1990(28);

• the Broadcasting Act 1990(29);

• F9 ...

• the Water Industry Act 1991(30);

• the Water Resources Act 1991(31);

• the Friendly Societies Act 1992(32);

• the Railways Act 1993(33);

• the Coal Industry Act 1994(34);

• the Employment Rights Act 1996(35);

• the Competition Act 1998(36);

• the Financial Services and Markets Act 2000(37);

• the Regulation of Investigatory Powers Act 2000(38);

• the Postal Services Act 2000(39);

• the Utilities Act 2000(40);

• Part I of the Transport Act 2000 (41);

• the Insolvency Act 2000(42);

• the Transport (Scotland) Act 2001(43);

• the Industrial and Provident Societies Act 2002(44);

• the Enterprise Act 2002(45);

• the Communications Act 2003(46);

• the Water Act 2003(47);

• the Consumer Credit Act 2006(48);

• the Companies Act 2006(49);

• the Consumers, Estate Agents and Redress Act 2007(50);

• the Legal Services Act 2007(51);

• Schedule 7 to the Counter-Terrorism Act 2008(52);

• [F10 Parts 3 and 4 of the Enterprise and Regulatory Reform Act 2013;]

• [F11 the Energy Act 2013];

• [F12 the Water Act 2014;]

• [F13 Parts 1 and 2 and Chapter 5 of Part 3 of the Consumer Rights Act 2015];

• [F14 the following provisions of the Digital Markets, Competition and Consumers Act 2024—

  (a)

  Part 1;

  (b)

  Part 3;

  (c)

  F15 ... Part 4;

  (d)

  Chapter 2 of Part 5.]

• the Health and Safety at Work (Northern Ireland) Order 1978(53);

• the Audit (Northern Ireland) Order 1987(54);

• the Insolvency (Northern Ireland) Order 1989(55);

• the EEC Merger Control (Distinct Market Investigations) Regulations 1990(56);

• the Electricity (Northern Ireland) Order 1992(57);

• Part IV of the Airports (Northern Ireland) Order 1994(58);

• the Gas (Northern Ireland) Order 1996(59);

• the Water (Northern Ireland) Order 1999(60);

• F16 ...

• F17 ...

• F16 ...

• the Energy (Northern Ireland) Order 2003(61);

• the Competition Act 1998 (Concurrency) Regulations 2004(62);

• the Financial Services (Distance Marketing) Regulations 2004(63);

• the Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005(64);

• the Water and Sewerage Services (Northern Ireland) Order 2006(65);

• the Money Laundering Regulations 2007(66);

• the Business Protection from Misleading Marketing Regulations 2008(67);

• F18 ...

• the Payment Services Regulations [F19 2017].

• [F20 the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, so far as they apply to distance contracts;]

Textual Amendments

F9 Words in art. 4 omitted (1.10.2013) by virtue of The Property Misdescriptions Act 1991 (Repeal) Order 2013 (S.I. 2013/1575), art. 1, Sch. para. 25

F10 Words in art. 4 inserted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 46(3) (with art. 3)

F11 Words in art. 4 inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 205(3) (with Sch. 4)

F12 Words in art. 4 inserted (31.3.2017) by The Water Act 2014 (Consequential Amendments etc.) Order 2017 (S.I. 2017/506), arts. 1(1), 29

F13 Words in art. 4 inserted (1.10.2015) by The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630), art. 1, Sch. 1 para. 6(b)

F14 Words in art. 4 inserted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 45(b); S.I. 2024/1226, regs. 1(2), 2(1)(22)

F15 Words in art. 4 omitted (6.4.2025 for specified purposes) by virtue of The Digital Markets, Competition and Consumers Act 2024 (Consequential Amendments) Regulations 2025 (S.I. 2025/381), reg. 1(2)(4), Sch. para. 34; S.I. 2025/272, reg. 3; S.I. 2026/284, regs. 1(2), 2(1)(2)

F16 Words in art. 4 omitted (1.10.2015) by virtue of The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630), art. 1, Sch. 1 para. 6(a)

F17 Words in reg. 4 omitted (13.6.2014 in relation to contracts entered into on or after that date) by virtue of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134), reg. 1(1)(2), Sch. 4 para. 14(a) (with reg. 6)

F18 Words in art. 4 omitted (6.4.2025) by virtue of Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 30 para. 45(a); S.I. 2025/272, reg. 2(1)(14)

F19 Word in art. 4 substituted (13.1.2018) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(6), Sch. 8 para. 13 (with reg. 3)

F20 Words in reg. 4 inserted (13.6.2014 in relation to contracts entered into on or after that date) by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134), reg. 1(1)(2), Sch. 4 para. 14(b) (with reg. 6)

Commencement Information

I4 Art. 4 in force at 20.4.2012, see art. 1(2)

Prescription of other circumstances and purposes U.K.

5.  Each of the following is a prescribed circumstance or purpose for the purposes of section 56(2)(h) of the Act—

(a) the carrying out by the Comptroller and Auditor General, or the Comptroller and Auditor General for Northern Ireland, of any of their functions under any enactment;

(b) complying with any international obligation of the United Kingdom;

(c) the conduct of negotiations by the Secretary of State with representatives of the government of a country outside the United Kingdom;

(d) the provision of information, by or with the consent of the Secretary of State, to any international organisation of which the United Kingdom is a member.

Commencement Information

I5 Art. 5 in force at 20.4.2012, see art. 1(2)

Mark Prisk

Minister of State for Business and Enterprise

Department for Business, Innovation and Skills

19th April 2012

EXPLANATORY NOTE

(This note is not part of the Order)

Section 56 of the Postal Services Act 2011 (c.5) (“the Act”) imposes a general prohibition on the disclosure of information that relates to an individual or particular business and is obtained by virtue of Part 3 (Regulation of Postal Services) of the Act (“information”), except as permitted by the section.

Subsection (2) provides certain exemptions to the general prohibition. Subsections (2)(a), (b) and (c) have the effect of permitting disclosure of information with the consent of those concerned and to facilitate the carrying out of functions of OFCOM, the Secretary of State, the Treasury or the Competition Commission under the Act. Subsections (2)(d), (f) and (h) give the Secretary of State the power to prescribe, by Order, further persons, enactments, circumstances or purposes so as to permit disclosure of information under those subsections.

This Order provides that the Secretary of State prescribes bodies and other persons, enactments, circumstances or purposes for the purposes of disclosure of information permitted under section 56 of the Act.

Taken together with the exemptions to the general prohibition on disclosure provided in section 56(2), the provisions of this Order have the effect of creating a disclosure regime comparable to the (now repealed) permitted disclosure regime in Schedule 7 to the Postal Services Act 2000 (c.26).

Article 1 provides that the Order shall come into force on the day following that on which it is made.

Article 3 prescribes certain bodies and other persons (“prescribed persons”), with the effect that disclosure of information is permitted under section 56(2)(d) of the 2011 Act, for the purposes of facilitating their carrying out of any functions under enactments prescribed by article 4.

Article 4 prescribes enactments so as to permit, under section 56(2)(d), disclosure of information by prescribed persons to facilitate the carrying out of their functions under those enactments. Disclosure of information for the purposes of civil proceedings brought under those enactments is also permitted, under subsection (2)(f) of the Act.

Article 5 prescribes certain other circumstances and purposes, with the effect that disclosure of information in and for those circumstances and purposes is permitted under section 56(2)(h) of the Act.

(1)

2011 c.5.

(2)

2003 c.21.

(3)

1965 c.12. The Act will be re-named the Co-operative and Community Benefit Societies and Credit Unions Act 1965 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c.7).

(4)

1967 c.48. The Act will be re-named the Co-operative and Community Benefit Societies and Credit Unions Act 1967 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010.

(5)

1968 c.29.

(6)

1968 c.55. The Act will be re-named the Co-operative and Community Benefit Societies and Credit Unions Act 1968 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010.

(7)

1973 c.41.

(8)

1974 c.37.

(9)

1974 c.39.

(10)

1974 c.46.

(11)

1975 c.41. The Act will be re-named the Co-operative and Community Benefit Societies Act 1975 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010.

(12)

1978 c.34. The Act will be re-named the Co-operative and Community Benefit Societies Act 1978 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010.

(13)

1979 c.34.

(14)

1979 c.38.

(15)

1980 c.21.

(16)

1980 c.46.

(17)

1984 c.12.

(18)

1985 c.6.

(19)

1986 c.31.

(20)

1986 c.44.

(21)

1986 c.45.

(22)

1986 c.46.

(23)

1986 c.53.

(24)

1987 c.43.

(25)

1989 c.15.

(26)

1989 c.29.

(27)

1990 c.40.

(28)

1990 c.41.

(29)

1990 c.42.

(30)

1991 c.56.

(31)

1991 c.57.

(32)

1992 c.40.

(33)

1993 c.43.

(34)

1994 c.21.

(35)

1996 c.18.

(36)

1998 c.41.

(37)

2000 c.8.

(38)

2000 c.23.

(39)

2000 c.26.

(40)

2000 c.27.

(41)

2000 c.38.

(42)

2000 c.39.

(43)

2001 asp 2.

(44)

2002 c.20. The Act will be renamed the Co-operative and Community Benefit Societies and Credit Unions Act 2002 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c.7).

(45)

2002 c.40.

(46)

2003 c.21.

(47)

2003 c.37.

(48)

2006 c.14.

(49)

2006 c.46.

(50)

2007 c.17.

(51)

2007 c.29.

(52)

2008 c.28.

(53)

S.I. 1978/1039 (N.I. 9).

(54)

S.I. 1987/460 (N.I. 5).

(55)

S.I. 1989/2405 (N.I. 19).

(56)

S.I. 1990/1715.

(57)

S.I. 1992/231 (N.I. 1).

(58)

S.I. 1994/426 (N.I. 1).

(59)

S.I. 1996/275 (N.I. 2).

(60)

S.I. 1999/662 (N.I. 6).

(61)

S.I. 2003/419 (N.I. 6).

(62)

S.I. 2004/1077.

(63)

S.I. 2004/2095.

(64)

S.I. 2005/3172.

(65)

S.I. 2006/3336 (N.I. 21).

(66)

S.I. 2007/2157.

(67)

S.I. 2008/1276.