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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 No. 2085 URL: http://www.bailii.org/uk/legis/num_reg/2011/uksi_20112085_en_1.html |
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Statutory Instruments
Postal Services
Made
24th August 2011
Laid before Parliament
25th August 2011
Coming into force
1st October 2011
The Secretary of State is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to postal services.
The Secretary of State makes paragraph 40 in Schedule 1 in exercise of the powers conferred by section 2(2) of that Act and makes all other provisions in this Order in exercise of the powers conferred by section 91(3) of the Postal Services Act 2011(3).
1.-(1) This order may be cited as the Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011.
(2) This Order comes into force on 1st October 2011.
(3) Any modification by this Order of an enactment has the same extent as the enactment modified.
2. Any enactment which refers to the exercise of the statutory duty of the Post Office for the purpose of collecting or delivering mail is to be construed as if it made corresponding provision in relation to the exercise of the duty by a universal service provider within the meaning of Part 3 of the Postal Services Act 2011.
3.-(1) Article 2 of the Postal Services Act 2000 (Consequential Modifications to Local Enactments) Order 2003(4) is revoked.
(2) Any provision of the Post Office Extension Act 1865(5), the Post Office (London) Railway Act 1913(6) and the Post Office (Site and Railway) Act 1954(7) which was in force immediately before this Order comes into force and contained references to the Post Office company (including references which have effect as such references) so far as necessary for preserving its effect on and after that day, is to have effect as if those references were references to a Royal Mail company.
(3) Anything which by virtue of this article must be done by or in relation to a Royal Mail company, so far as the context permits, is to be taken as so done if it is done by or in relation to any of them.
(4) In the Acts to which this article applies reference to the purpose or purposes of the Post Office is to be construed as references to the purpose or purposes of the businesses of a Royal Mail company so far as those businesses relate to the provision of postal services.
(5) In this article a "Royal Mail company" has the same meaning as in Part 1 of the Postal Services Act 2011.
4.-(1) Article 2 of the Postal Services Act (Consequential Modifications) Order 2003(8) is revoked.
(2) Any provision of the Post Office Works Act 1959(9) or the Post Office Subway Act 1966(10), which was in force immediately before the day on which this article comes into force and contained references to the Post Office company (including references which have effect as such references) so far as necessary for preserving its effect on and after that day, is to have effect as if those references were references to a Royal Mail company.
(3) Anything which by virtue of this article must be done by or in relation to a Royal Mail company, so far as the context permits, is to be taken as done if it is done by or in relation to one of them.
(4) In the Post Office Subway Act 1966 references to the purpose or purposes of the Royal Mail company are to be construed as references to the purpose or purposes of the businesses of a Royal Mail company so far as those businesses relate to the provision of postal services.
(5) In this article, a "Royal Mail company" has the same meaning as in Part 1 of the Postal Services Act 2011.
5.-(1) The amendments specified in Schedule 1 have effect.
(2) The repeals and revocations specified in Schedule 2 have effect.
John Hayes
Minister of State for Further Education, Skills and Lifelong Learning
Department for Business, Innovation and Skills
Date 24 August 2011
Article 5(1)
1. In section 9 of the Agricultural Credits (Scotland) Act 1929(11) (interpretation) in the definition of "Bank" for paragraph (d) substitute "a Post Office company within the meaning of Part 1 of the Postal Services Act 2011 in the exercise of its powers to provide banking services".
2. In section 2(3) of the Motor Vehicles and Road Traffic Act (Northern Ireland) 1930(12) (conveyance of mails by public service vehicles), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
3. In section 130(1) of the Electoral Law Act (Northern Ireland) 1962(13) in the definition of "universal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
4. In section 81(1)(a)(iii) of the Tees and Hartlepool Port Authority Act 1966(14) (Crown exemptions from charges), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
5. In regulation 5(4) of the Drainage Rates (Appeals) Regulations 1970(15) (hereditaments occupied for purposes of extensive undertakings)-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
6. In section 20 of the Isle of Wight County Council Act 1971(16) (power to Council to assist industry), in paragraph (a) of the proviso-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
7. In regulation 2 of the Post Office Operational Land Regulations 1973(17) for the words "the Postal Services Act 2000" where they occur substitute "Part 3 of the Postal Services Act 2011".
8. In regulation 1(2) of the Walkways Regulations 1973(18) (commencement, citation and interpretation), in the definition of "universal service provider"-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
9. In regulation 5(2)(c) of the Misuse of Drugs (Safe Custody) Regulations 1973(19) for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
10. In section 3 of the Morpeth Common Act 1974(20) (protection of Morpeth Common) in subsection (3) of the proviso-
(a)for "the meaning of the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
11. In section 2 of the Greater London Council (General Powers) Act 1974(21) (interpretation), in the definition of "statutory undertaker" for "the Post Office" substitute "a universal service provider within the meaning of Part 3 of the Postal Services Act 2011".
12. In Schedule 1, in paragraph 15(2) of the Solicitors (Northern Ireland) Order 1976(22) (re-direction of postal packets) for "section 125(1) of the Postal Services Act 2000" substitute "section 27 of the Postal Services Act 2011".
13. In section 2 of the West Midlands County Council Act 1980(23) (interpretation) in subsection (1) in the definition of "statutory undertakers"-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
14. In section 2 of the Derbyshire Act 1981(24) (interpretation) in the definition of "statutory undertakers"-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
15. In article 2 of the Parliamentary Writs Order 1983(25) (interpretation), in the definition of "the relevant universal postal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
16. In article 2(2) of the Access to the Countryside (Northern Ireland) Order 1983(26) (interpretation) in the definition of "statutory undertakers"-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
17. In the first column of Schedule 5 to the Road Traffic Regulation Act 1984(27) (buildings in relation to which a Secretary of State is the appropriate authority for purposes of section 74), for paragraph 6 substitute-
"6. A building owned by-
(a)a Post Office company (within the meaning of Part 1 of the Postal Services Act 2011), or
(b)a company which is a universal service provider (within the meaning of Part 3 of that Act),
where (in each case) more than half of the company's issued share capital is owned by the Crown (within the meaning of Part 1 of that Act)."
18.-(1) The Postal Packets (Customs and Excise) Regulations 1986(28) are amended as follows.
(2) In regulation 2(a)-
(a)for ""post office", "postal operator" and "registered post service" have the same meaning as in the Postal Services Act 2000" substitute ""post office" and "registered post service" have the same meaning as in the Postal Services Act 2000";
(b)before the definition of "postal packet" insert ""postal operator" has the same meaning as in Part 3 of the Postal Services Act 2011";
(c)in the definition of "postal packet"-
(i)for the words "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(ii)for "that Act" substitute "that Part".
(3) In regulation 9(1) for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
19. In article 16(8) of the Mental Health (Northern Ireland) Order 1986(29) (correspondence of detained patients) for "the Postal Services Act 2000" substitute "the Postal Services Act 2011".
20. In the table in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986(30) (interpretation) in the meaning specified in column 2 for the expression "public works vehicle" specified in column 1-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
21. In form 6.80 in Schedule 4 to the Insolvency Rules 1986(31) (order to Post Office), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
22. In section 25(7A) of the County of Cleveland Act 1987(32) (traffic regulation during carnivals etc.)-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
23.-(1) The Insolvency (Northern Ireland) Order 1989(33) is amended as follows.
(2) In article 342(1) (re-direction of bankrupt's letters, etc.)-
(a)for "given by section 125(1) of the Postal Services Act 2000" substitute "of Part 3 of the Postal Services Act 2011";
(b)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(3) In paragraph 10(1) of Schedule 1A (Exceptions to prohibition on appointment of administrative receiver supplementary provisions)-
(a)in sub-paragraph (d) for "given by section 4(3) and (4) of the Postal Services Act 2000 (c.26)" substitute "of Part 3 of the Postal Services Act 2011 (c.5)";
(b)for sub-paragraph (e) substitute "(e) by a Post Office company within the meaning of Part 1 of that Act; or", and
(c)omit paragraph (f).
24. In section 16 of the Nottingham Park Estate Act 1990(34) (local land charge)-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
25. In article 2(2) of the Planning (Northern Ireland) Order 1991(35) (interpretation), in the definition of "statutory undertaker"-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
26.-(1) The Town and Country Planning (General Permitted Development) (Scotland) Order 1992(36) is amended as follows.
(2) In article 2(1) (interpretation) in the definition of "statutory undertaker"-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
(3) In paragraph 43 of Schedule 1 (Classes of Permitted Development)-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
27. In article 2(2)(a) of the Roads (Northern Ireland) Order 1993(37) (interpretation) in the definition of "statutory undertaker"-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
28.-(1) The Value Added Tax Act 1994(38) is amended as follows-
(2) In Group 8 of Schedule 8 (zero-rating: transport), in Note (4E), in the definition of "universal service provider", for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(3) In Group 3 of Schedule 9 (exemptions: postal services)-
(a)omit Note (1);
(b)in Note (2), for "a licence duty" substitute "a specified condition";
(c)in Note (3), for the words from "postal facilities" to the end substitute "postal network (within the meaning of section 38 of the Postal Services Act 2011) and which are required to be provided by a specified condition";
(d)in Note (4)(a), for "a licence" substitute "a specified condition";
(e)in Note (5)-
(i)for "a licence duty" substitute "a specified condition", and
(ii)for "the licence" substitute "the condition";
(f)for Note (6) substitute-
"(6) In this Group "specified condition" means a designated USP condition, a USP access condition or a transitory condition under paragraph 5 of Schedule 9 to the Postal Services Act 2011 which is imposed only on a universal service provider.
(7) Any expression which is used in this Group and in Part 3 of the Postal Services Act 2011 has the same meaning in this Group as in that Part."
29. In the Schedule to the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994(39) (prescribed prosecuting authority)-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
30.-(1) The Town and Country Planning (General Permitted Development) Order 1995(40) is amended as follows.
(2) In article 1(2) (citation, commencement and interpretation) in the definition of "statutory undertaker"-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
(3) In Part 17 of Schedule 2 (Development by statutory undertakers) in "Class J"-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
31. In regulation 2(1) of the Value Added Tax Regulations 1995(41) (interpretation - general)-
(a)in the definition of "datapost packet"-
(i)for "the Post Office company" wherever it appears substitute "a universal service provider";
(ii)for "that company" substitute "that universal service provider";
(b)omit the definition of "the Post Office company";
(c)insert in the appropriate place-
"postal packet" has the same meaning as in Part 3 of the Postal Services Act 2011";
"post office" has the same meaning as in section 125(1) of the Postal Services Act 2000";
"universal service provider" means a person who provides a universal postal service (within the meaning of Part 3 of the Postal Services Act 2011) or part of such a service, in the United Kingdom".
32. In regulation 25 of the Public Service Vehicles (Operators' Licences) Regulations 1995(42) (Universal Service Providers)-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
33. The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996(43) is amended as follows.
(1) In article 2 of the Provisional Order contained within the Schedule-
(a)in the definition of "universal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)in the definition of "the universal service provider concerned" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
34. In paragraph 35(5) in the Schedule to the Deregulation (Model Appeal Provisions) Order 1996(44) for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
35. In rule 35(2) of the Reserve Forces Appeal Tribunals Rules 1997(45) (method of sending delivering or serving documents etc.) for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
36. In regulation 4(2)(g) of the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997(46) (disapplication of the regulations)-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
37. In regulation 19(2) of the National Lottery (Imposition of Penalties and Revocation of Licences) Procedure Regulations 1999(47) (giving of notices) for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
38. In regulation 36(2) of the Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 1999(48) (method of sending, delivering or serving documents, etc.) for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
39. In article 7 of the Visiting Forces and International Headquarters (Application of Law) Order 1999(49) (wireless telegraphy, postal service and telecommunications systems) omit paragraph (3).
40.-(1) In regulation 2 of the Postal Services Regulations 1999(50) (the national regulatory authorities), in paragraph (1) for "the Postal Services Commission" substitute "the Office of Communications".
(2) Omit regulation 3 (The Postal Services Commission) which makes amendments which are superseded by the Postal Services Act 2011.
41. In regulation 8(2) of the Data Protection (Notification and Notification Fees) Regulations 2000(51) (date of entry in the Register) for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
42.-(1) The Information Tribunal (National Security Appeals) (Telecommunications) Rules 2000(52) are amended as follows.
(2) In rule 5(4) (time limit for appealing) for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(3) In rule 13(2) (withdrawal of appeal) for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
43. In rule 8(11) of the Schedule to the General Chiropractic Council (Health Appeal Tribunal) Rules Order 2000(53) documents and evidence), for "the Post Office or other postal operator" substitute "a postal operator within the meaning of Part 3 of the Postal Services Act 2011".
44. In rule 7(8) of the Schedule to the General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000(54) (evidence), for "the Post Office or other postal operator" substitute "a postal operator within the meaning of Part 3 of the Postal Services Act 2011".
45. In rule 8(11) of the Schedule to the General Chiropractic Council (Health Committee) Rules Order of Council 2000(55) (documents and evidence), for "the Post Office or other postal operator" substitute "a postal operator within the meaning of Part 3 of the Postal Services Act 2011".
46. In regulation 64 of the Representation of the People (England and Wales) Regulations 2001(56) (interpretation), in the definition of "universal postal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
47. In regulation 64 of the Representation of the People (Scotland) Regulations 2001(57) (interpretation), in the definition of "universal postal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
48. In Schedule 2 to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001(58) (Disclosure of confidential information not subject to Directive restrictions), for the entry for the Postal Services Commission substitute-
| Office of Communications | Its functions under the Postal Services Act 2011 |
49. In regulation 6(7)(c) of the Misuse of Drugs Regulations 2001(59) (General authority to supply and possess), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
50. In article 32 of the Loch Lomond and The Trossachs National Park Elections (Scotland) Order 2003(60) (Delivery of ballot papers)-
(a)in paragraph (1)(a) for "universal postal service provider" substitute "universal service provider within the meaning of Part 3 of the Postal Services Act 2011";
(b)in paragraph (2) for "universal postal service provider" substitute "universal service provider".
51. In paragraph 4(2) of Part 1 of Schedule 19 to the Traffic Signs Regulations and General Directions 2002(61) (other exceptions), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
52. In the definition of "statutory undertaker" in section 32 of the Land Reform (Scotland) Act 2003(62) (interpretation), in sub-paragraph (i) for "a universal postal service provider within the meaning of the Postal Services Act 2000 (c.26)" substitute "a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c.5)".
53. In Schedule 1 to the Northern Ireland Act 1998 (Designation of Public Authorities) Order 2003(63) (Bodies listed in Schedule 2 to the Parliamentary Commissioner Act 1967 and designated for the purposes of section 75 of the Northern Ireland Act 1998)-
(a)for "Postal Services Commission" substitute "the Office of Communications";
(b)omit the entry for "Consumer Council for Postal Services".
54. In article 34 of the Cairngorms National Park Elections (Scotland) Order 2003(64) (Delivery of ballot papers)-
(a)in paragraph (1)(a) for "universal postal service provider" substitute "universal service provider within the meaning of Part 3 of the Postal Services Act 2011";
(b)in paragraph (2) for "universal postal service provider" substitute "universal service provider".
55. In paragraph 7(1)(a) of Schedule 3 to the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003(65) (Exclusion of Section 4(2)(a) and (b) of the Act) for "the Post Office Corporation" substitute "a universal service provider within the meaning of Part 3 of the Postal Services Act 2011".
56.-(1) The Greater London Authority Elections (Election Addresses) Order 2003(66) is amended as follows.
(2) In article 2(1) (interpretation) omit the definition of "universal postal service provider".
(3) In article 9 (distribution of election booklets), for paragraph (2) substitute "(2) The election booklets shall be delivered by a postal operator within the meaning of Part 3 of the Postal Services Act 2011.".
57. In the Schedule to the Customs (Contravention of a Relevant Rule) Regulations 2003(67), in the entry in column 2 for Regulation 9 of the Postal Packets Regulations relating to a universal service provider, for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
58. In section 58(1) of the Nature Conservation (Scotland) Act 2004(68) (interpretation), for paragraph (h) in the definition of "statutory undertaker", substitute-
"(h)a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c.5).".
59. In section 8(8) of the Antisocial Behaviour etc. (Scotland) Act 2004(69) (notification of making etc. of orders and interim orders) for "section 125(1) of the Postal Services Act 2000 (c.26)" substitute "section 27 of the Postal Services Act 2011 (c.5)".
60.-(1) The European Parliamentary Elections Regulations 2004(70) are amended as follows.
(2) In regulation 2(1) (interpretation), in the definition of "universal postal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(3) In regulation 63(6) (candidates right to serve election address post free), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(4) In regulation 122(2) (services of notices), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(5) In regulation 124(5) (remuneration for free postal services provided under the Regulations), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
61. In Schedule 1 to the Regional Assembly and Local Government Referendums Order 2004(71) (The Regional Assembly and Local Government Referendum Rules), in rule 1(1) in the definition of "universal postal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
62.-(1) The European Parliamentary Elections (Northern Ireland) Regulations 2004(72) are amended as follows.
(2) In regulation 2 (interpretation) in the definition of "universal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(3) In regulation 58(5) (candidates right to send election address post free), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(4) In regulation 111(2) (service of notices), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(5) In regulation 113(4) (remuneration for free postal services provided under the Regulations), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(6) In Schedule 2 Part II paragraph 15 (interpretation of Part 2), in the definition of "universal postal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011.".
63. In Schedule 2 to the Business Improvement Districts (England) Regulations 2004(73) for paragraph 10(4) (procedure on issue of ballot paper), substitute -
"(4) For the purpose of delivering the ballot papers the ballot holder may use a postal operator within the meaning of Part 3 of the Postal Services Act 2011.".
64. In Schedule 2 to the Business Improvement Districts (Wales) Regulations 2005(74) (procedure on issue of ballot paper) for paragraph 10(4), substitute-
"(4) For the purpose of delivering the ballot papers the ballot holder may use a postal operator within the meaning of Part 3 of the Postal Services Act 2011.".
65. In section 67(3) (service of documents) and section 87(6) (date, time and place of assessment) of the Police, Public Order and Criminal Justice (Scotland) Act 2006(75), for "section 125(1) of the Postal Services Act 2000 (c.26)" substitute "section 27 of the Postal Services Act 2011 (c.5)" in each case.
66. In rule 4 (interpretation and notices) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(76), in the definition of "universal service provider"-
(a)for "section 4 of the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
67. In Schedule 10 to the Water and Sewerage Services (Northern Ireland) Order 2006(77) (protective provisions in respect of certain undertakings), in paragraph 1(4)(c) of Part 1, for "universal postal provider within the meaning of the Postal Services Act 2000 (c.26) " substitute "universal service provider within the meaning of Part 3 of the Postal Services Act 2011 (c.5)".
68. In regulation 2(1) of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007(78) (interpretation) in the definition of "universal postal service provider" for "section 4(3) (provision of a universal postal service: meaning) of the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
69. In Schedule 2 of the Business Improvement Districts (Scotland) Regulations 2007(79) for paragraph 10(4) (procedure on issue of ballot paper), substitute-
"(4) For the purpose of delivering the ballot papers, the ballot holder may use a postal operator within the meaning of Part 3 of the Postal Services Act 2011.".
70.-(1) The National Assembly for Wales (Representation of the People) Order 2007(80) is amended as follows.
(2) In article 2(1) (interpretation) in the definition of "universal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(3) In article 136(2) (service of notices), for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
71. In regulation 3(1) of the Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007(81) (interpretation), in the definition of "universal postal service provider" for "in terms of the Postal Services Act 2000" substitute "within the meaning of Part 3 of the Postal Services Act 2011".
72. In Schedule 4 to the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007(82), in column 1 of paragraph 9-
(a)for "section 4 of the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "section 4 of that Act" substitute "that Part".
73. In the Schedule to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007(83), in the entry in column 1 relating to a universal service provider-
(a)for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011";
(b)for "that Act" substitute "that Part".
74. In Schedule 3 to the Legislative Reform (Health and Safety Executive) Order 2008(84) (amendments) omit the amendments to the Postal Services Act 2000 which are superseded by the Postal Services Act 2011.
75. In Schedule 2 to the Consumer Protection from Unfair Trading Practices Regulations 2008(85) (amendments), omit paragraph 60 (amendments to the Postal Services Act 2000) which is superseded by the Postal Services Act 2011.
76. In section 70 of the Representation of the People (Northern Ireland) Regulations 2008(86) (interpretation of Part 5), in the definition of "universal postal service provider" for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
77. In article 2 of the Non-Domestic Rating (Small Business Relief) (Wales) (Order) 2008(87) (interpretation), in the definition of "post office" for "section 42(3) of the Postal Services Act 2000" substitute "section 125(1) of the Postal Services Act 2000".
78. In regulation 11 of the Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 2009(88) (interpretation), in the definition of "universal postal service provider" for "section 4(3) of the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
79. In Schedule 1 to the Companies (Disclosure of Address) Regulations 2009(89) (specified public authorities), for "the Postal Services Commission" substitute "the Office of Communications".
80. In Part 6 (voting packs and ballot papers) of the Schedule to the Health Board Elections (Scotland) Regulations 2009(90), (Health Board election rules), in paragraph 21(5)(a), for "section 4(3) and (4) of the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
81.-(1) The Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009(91) is amended as follows.
(2) In article 1(2)-
(a)insert after the definition of "Police Service of Northern Ireland"
"the Post Office" means the company Post Office Limited (registered number 2154540);"
in the definition of "the Royal Mail" for "Royal Mail Group Plc (registered number 4138203)" substitute "Royal Mail Group Limited (registered number 4138203);".
(3) In Schedule 1-
(a)insert "the Post Office" in the appropriate place in column 2 in relation to England and Wales in the description specified of an accredited financial investigator against the entry in column 1 for :
(i)Section 42(2)(c) (application for restraint order under Part 2);
(ii)Section 45(3) (seizure of property to which restraint order applies under Part 2);
(iii)Section 68 (3)(c) (authorisation for application for restraint order under Part 2);
(iv)Section 303A(1) (recovery of cash in summary proceedings under Chapter 3 of Part 5);
(v)Section 352(7) (appropriate persons for the purpose of search and seizure warrants in confiscation, money laundering, civil recovery or detained cash investigation under Part 8);
(vi)Section 353(11) (appropriate person for purposes where production order is not available for the purpose of a confiscation, money laundering, civil recovery or detained cash investigation under Part 8);
(b)insert "the Post Office" in the appropriate place in column 2 in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for Section 191(2)(c) (application for restraint order under Part 4);
(c)insert "the Post Office" in the appropriate place in column 2 in each case in relation to England and Wales and in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for:
(i)Section 378(1)(b) (appropriate officers for the purposes of confiscation investigations under Part 8);
(ii)Section 378(4)(a) (appropriate officers for the purposes of money laundering investigations);
(d)insert "the Post Office and is not below the grade of broadband 3" in the appropriate place in column 2 in relation to England and Wales in the description specified of an accredited financial investigator against the entry in column 1 for-
(i)Section 68(3)(c) (authorisation for application for restraint order under Part 2);
(ii)Section 290(4)(c) (prior approval for search of cash under Chapter 3 of Part 5);
(e)insert "the Post Office and is not below the grade of broadband 3" in the appropriate place in column 2 in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for Section 216(3)(c) (authorisation for application for restraint order under Part 4);
(f)insert "the Post Office and is not below the grade of broadband 3" in the appropriate place in column 2 in each case in relation to England and Wales and in relation to Northern Ireland in the description specified of an accredited financial investigator against the entry in column 1 for:
(i)Section 378(2)(d) (senior appropriate officers for the purposes of confiscation investigations);
(ii)Section 378(6)(c) (senior appropriate officers for the purposes of money laundering investigations).
82. In Schedule 1 to the Overseas Companies Regulations 2009(92) (Specified public authorities), for "the Postal Services Commission" substitute "the Office of Communications".
83. In Schedule 1 to The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009(93) (consequential amendments), omit paragraphs 183(2) and (3) (amendments to the Postal Services Act 2000) which have been superseded by the Postal Services Act 2011.
84.-(1) The Regulation of Investigatory Powers (Communications Data) Order 2010(94) is amended as follows.
(2) In article 6-
(a)in paragraph (1) for "paragraphs (2) to (7)" substitute "paragraphs (2) to (4), and (7)";
(b)omit paragraphs (5) and (6).
(3) In Schedule 2 (Offices, ranks and positions in additional relevant public authorities specified by this Order)-
(a)in Part 1 in the entry for Royal Mail Group Ltd in column 1 for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
(4) Omit Part 3.
85. In the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010(95) (Prescribed Offices etc. in Relevant Public Authorities and Restrictions on Authorisations) in Part 2-
(a)omit the entry for the Postal Services Commission;
(b)in column 1 in the entry for a universal service provider, for "the Postal Services Act 2000" substitute "Part 3 of the Postal Services Act 2011".
86. In article 2(1) of the Scottish Parliament (Elections etc.) Order 2010(96) (interpretation), in the definition of "universal postal service provider", for "section 4(3) of the Postal Services Act 2000 (provision of universal postal service: meaning)" substitute "Part 3 of the Postal Services Act 2011.".
Article 5(2)
| Reference | Short title or title | Extent of repeal or revocation |
|---|---|---|
| 1994 c.23 | Value Added Tax Act 1994 | In Schedule 9 Group 3 note (1) |
| S.I. 1989/2405 | Insolvency (Northern Ireland) Order 1989 | In Schedule 1A paragraph 10(1)(f) |
| S.I. 1999/1736 | Visiting Forces and International Headquarters (Application of Law) Order 1999 | In article 7 paragraph (3) |
| S.I. 1999/2107 | Postal Services Regulations 1999 | Regulation 3 |
| S.I. 2001/260 | Postal Services Commission (Register) Order 2001 | The whole Order |
| S.I. 2002/3050 | Postal Services (EC Directive) Regulations 2002 | The whole Regulations |
| S.I. 2003/55 | Northern Ireland Act 1998 (Designation of Public Authorities) Order 2003 | In Schedule 1 "Consumer Council for Postal Services" |
| S.I. 2003/1542 | Postal Services Act 2000 (Consequential Modifications to Local Enactments) Order 2003 | Article 2 |
| S.I. 2003/1907 | Greater London Authority Elections (Election Addresses) Order 2003 | In article 2(1) the definition of "universal postal service provider" |
| S.I. 2003/2908 | Postal Services Act 2000 (Consequential Modifications) Order 2003 | Article 2 |
| S.I. 2008/960 | Legislative Reform (Health and Safety Executive) Order 2008 | In Schedule 3 the amendments to the Postal Services Act 2000 |
| S.I. 2008/1277 | Consumer Protection from Unfair Trading Practices Regulations 2008 | In Schedule 2 paragraph 60 |
| S.I. 2008/2267 | Postal Services Regulated Providers (Redress Scheme) Order 2008 | The whole Order |
| S.I. 2008/2355 | Postal Services (Consumer Complaints Handling Standards) Regulations 2008 | The whole Regulations |
| S.I. 2009/1941 | Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 | In Schedule 1 paragraphs 183(2) and (3). |
| S.I. 2010/480 | Regulation of Investigatory Powers (Communications Data) Order 2010 | Article 6(5) and (6); Part 3 of Schedule 2 |
| S.I. 2010/521 | Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 | In Part 2 of Schedule 2 the words "Postal Services Commission" |
(This note is not part of the Order)
This Order makes modifications and supplemental, incidental and consequential provision in relation to local enactments, general enactments and subordinate legislation in connection with the commencement of provisions of the Postal Services Act 2011 ("the 2011 Act").
Article 1 provides for citation, commencement and extent. Article 1(3) provides that the modifications in the Order have the same extent as the enactment modified.
Article 2 provides that references to the statutory duty of the Post Office for the purpose of collecting or delivering mail is to construed as if it were the duty of a universal service provider as defined in the 2011 Act.
Article 3 provides that references to the Post Office in the Post Office Extension Act 1965, the Post Office (London) Railway Act 1913 and the Post Office (Site and Railway) Act 1954 are to have effect as if they were references to a Royal Mail company within the meaning of Part 1 of the 2011 Act so far as these relate to the provision of postal services.
Article 4 provides that references to the Post Office company in the Post Office Works Act 1959 and the Post Office Subway Act 1966 are to have effect as if they were references to a Royal Mail company within the meaning of Part 1 of the 2011 Act so far as these relate to the provision of postal services.
Article 5 gives effect to the modifications specified in Schedule 1 (amendments) and Schedule 2 (repeals and revocations).
Schedule 1 makes consequential amendments mainly in relation to the definitions of "Post Office", "postal operator", "postal services", "Postcomm", "Post Office company", "Royal Mail Group", "universal postal service", "universal postal service provider" and "universal service provider" in order to replace the references to the definitions in the Postal Services Act 2000 which were largely repealed by the 2011 Act.
Schedule 2 makes repeals and revocations in consequence of the 2011 Act.
1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 1006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).
1865 c.87 (28 and 29 Vict.) as amended by section 22 of the Post Office Act 1969 (c.48) and S.I. 2003/1542.
1913 c.cxvi (3 and 4 Geo. 5) as amended by section 22 of the Post Office Act 1969 (c.48) and S.I. 2003/1542.
1954 c.xxix (2 and 3 Eliz. 2) as amended by section 22 of the Post Office Act 1969 (c.48) and S.I. 2003/1542.
1959 c.43 as amended by section 22 of the Post Office Act 969 (c.48) and S.I. 2003/2908.
1966 c.25 as amended by section 22 of the Post Office Act 1969 (c.48) and S.I. 2003/2908.
1929 19 and 20 Geo V c.13. Relevant amendments to the definition of "bank" were made by S.I. 2001/3649.
1930 c.24 (N.I.). Relevant amendments to section 53 were made by S.I. 1985/454, 2001/1149.
1962 c.14 (N.I.). Relevant amendments were made by S.I. 2001/1149 and 2010/2977.
1966 c.xxv. Relevant amendments were made by S.I. 2001/648.
S.I. 1970/1152. Relevant amendments were made by S.I. 2001/1149.
1971 c.lxxi. Relevant amendments were made by S.I. 2001/648.
S.I. 1973/310. Relevant amendments were made by S.I. 2001/648.
S.I. 1973/686. Relevant amendments were made to regulation 1 by S.I. 2001/1149.
S.I. 1973/798. Relevant amendments were made to regulation 2 by S.I. 2001/1149.
1974 c.xiii. Relevant amendments were made to section 3 by S.I. 2001/648.
1974 (c.xxiv). There are no amendments relevant to this Order.
S.I.1976/582 (N.I. 12). Relevant amendments were made to para 15 of Schedule 1 by S.I. 2001/1149.
1980 c.xi. Relevant amendments were made to section 2 by S.I. 2001/648.
1981 c.xxxiv. Relevant amendments were made to section 2 by S.I. 2001/648.
S.I. 1983/605. Relevant amendments were made to article 2 by S.I. 2001/1149.
S.I. 1983/1895 (N.I. 18). Relevant amendments were made to article 2(2) by S.I. 2001/1149.
1984 c.27. There are no amendments to Schedule 5 relevant to this Order.
S.I. 1986/260 amended by S.I. 1986/1019, 1992/3224 and 2001/1149.
S.I. 1986/595 (N.I. 4) amended by S.I. 1994/429 (N.I. 2) and S.I. 2001/1149.
S.I. 1986/1078. Relevant amendments were made by S.I. 1990/1981, section 120 and paragraph 233(1) of Schedule 22 to the Environment Act 1995 and S.I. 1996/252 and 2001/1149.
S.I. 1986/1925. Relevant amendments were made to Schedule 4 by S.I. 2001/1149.
1987 c.ix. Relevant amendments were made to section 25 by S.I. 2001/648.
S.I. 1989/2405. (N.I. 19). Section 342 was amended by S.I. 2001/1149 and Schedule 1A was amended by S.R. 2005/537.
1990 c.xiv. Relevant amendments were made to section 16 by S.I. 2003/1542.
S.I. 1991/1220 (N.I. 11). Relevant amendments were made to article 2 by S.I. 2001/1149.
S.I. 1992/223. Relevant amendments were made by S.I. 2001/1149.
S.I. 1993/3160 (N.I. 15). Relevant amendments were made by S.I. 2001/1149.
1994 c.23 amended by Schedule 8 paragraph 22 of the Postal Services Act 2000 and S.I. 2001/1149.
S.I. 1994/1438. Relevant amendments were made to the Schedule by S.I. 2001/1149.
S.I. 1995/418. Relevant amendments were made by S.I. 2001/1149.
S.I. 1995/2518. Relevant amendments were made to regulation 2 by paragraph 23 of Schedule 8 to the Postal Services Act 2000 and S.I. 2001/1149.
S.I. 1995/2908. Relevant amendments were made by S.I. 2001/1149.
1996 c.xii. Relevant amendments were made by S.I. 2003/1542.
S.I. 1996/1678. Relevant amendments were made by S.I. 2001/1149.
S.I. 1997/798. Relevant amendments were made to rule 35 by S.I. 2001/1149.
S.I. 1997/2439. Relevant amendments were made to regulation 4 by S.I. 2001/1149.
S.I. 1999/137. Relevant amendments were made to regulation 19 by S.I. 2001/1149.
S.I. 1999/265. Relevant amendments were made to regulation 36 by S.I. 2001/1149.
S.I. 1999/1736. Relevant amendments were made by S.I. 2001/1149.
S.I. 1999/2107. Relevant amendments made to regulation 2 by the Postal Services Act 2000, paragraph 127(6), Schedule 9.
S.I. 2000/188. Relevant amendments were made to regulation 8 by S.I. 2001/1149.
S.I. 2000/731. The title was amended by S.I. 2001/1637 article 2(b). Relevant amendments were made by S.I. 2001/1149.
S.I. 2001/341. There are amendments not relevant to this Order.
S.I. 2001/497. There are amendments not relevant to this Order.
S.I 2001/2188. There are amendments not relevant to this Order.
S.I. 2001/3998. Relevant amendments were made to section 6 by S.I. 2003/1653.
S.I. 2002/3113. Relevant amendments were made to Schedule 19 by S.I. 2003/2155, S.I. 2004/3168 (S.I. 2005/2929 W), S.S.I. 2005/344, S.S.I. 2006/129, S.I. 2006/594 and S.I. 2011/935.
2003 asp 2. There are amendments not relevant to this Order.
S.I. 2003/1907. There are amendments not relevant to this Order.
S.I. 2003/3113. There are amendments not relevant to this Order.
2004 asp 6. There are amendments not relevant to this Order.
2004 asp 8. There are amendments not relevant to this Order.
S.I. 2004/293. Relevant amendments were made by S.I. 2009/186.
S.I. 2004/1962. There are amendments not relevant to this Order.
S.I. 2004/1267. Relevant amendments were made by S.I. 2009/813.
2006 asp 10. There are amendments not relevant to this Order.
S.I. 2006/3336 (N.I. 21). There are amendments not relevant to this Order.
S.S.I. 2007/170. The relevant definition was inserted by S.S.I. 2009/35 regulation 6.
S.S.1. 2007/202. There are amendments not relevant to this Order.
S.I. 2007/236. There are amendments not relevant to this Order.
S.S.I. 2007/263. There are amendments not relevant to this Order.
S.I. 2007/934. There are amendments not relevant to this Order.
S.I. 2008/960. There are amendments not relevant to this Order.
S.I. 2008/1277. There are amendments not relevant to this Order.
S.I. 2009/214. There are amendments not relevant to this Order.
S.S.I. 2009/352. There are amendments not relevant to this Order.
S.I. 2009/975. Relevant amendments were made by S.I. 2009/2707.
