Statutory Instruments
2000 No. 2957 (C. 88)
POSTAL SERVICES
The Postal Services Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2000
Made
2nd November 2000
The Secretary of State, in exercise of the powers conferred on him by sections 129 and 130(1) of the Postal Services Act 2000( 1 ) hereby makes the following Order:
Citation and interpretation
1. —(1) This Order may be cited as the Postal Services Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2000.
(2) In this Order—
“the 1969 Act” means the Post Office Act 1969( 2 );
“the Act” means the Postal Services Act 2000;
“Country Council” means any one of the Post OfficeUsers' Council for Scotland, the Post OfficeUsers' Council for Wales or the Post OfficeUsers' Council for Northern Ireland, established under section 14(1) of the 1969 Act( 3 );
“the National Council” means the Post OfficeUsers' National Council established by section 14(1) of the 1969 Act.
Commencement
2. —(1) The provisions of the Act specified in Schedule 1 shall come into force on 6th November 2000.
(2) The provisions of the Act specified in Schedule 2 shall come into force on 1st January 2001.
(3) The provisions of the Act specified in Schedule 3 shall come into force on 26th March 2001.
Transitional Provisions
3. —(1) Where, prior to the date on which section 12(3)(b) of the Act is commenced, the Commission publishes a notice in accordance with section 12(3)(a) of the Act, the Commission shall not grant a licence under section 11 of the Act unless the Commission, in addition to considering representations made in accordance with the notice, as required by section 12(3)(c) of the Act, has—
(a) on or after the day on which section 12(3)(b) of the Act comes into force, served a copy of the notice published in accordance with section 12(3)(a) of the Act on the Council; and
(b) considered any representations (which have not been withdrawn) made by the Council within 28 days starting with the day on which the notice was served, and which are made in accordance with the notice (except for any provision contained in the notice relating to the period of time by which representations are to be made).
(2) Where the Secretary of State has consulted in relation to guidance to be given under section 43(2) of the Act in accordance with section 43(3)(a), (c), (d) and (e) of the Act prior to the commencement of section 43(3)(b) of the Act, he shall not lay a copy of the guidance before each House of Parliament under section 43(4) of the Act until after section 43(3)(b) of the Act has come into force and the Council has been consulted in accordance with section 43(3)(b) of the Act.
4. Where, after the commencement of section 1 of the Act (and prior to the repeal of section 14 of the 1969 Act( 4 )), the National Council or a Country Council is required under section 14(8) or 14(9) of the 1969 Act to give notice, or to transmit observations, to the Secretary of State and the Post Office, the National Council or, as the case may be, the Country Council, shall also give such notice or, as the case may be, transmit such observations, to the Commission.
5. Notwithstanding the repeal of section 14 of the 1969 Act where, by the date on which the National Council is abolished under section 2(4) of the Act,—
(a) the National Council has not completed its consideration under section 14(9)(a) of the 1969 Act of any matter relating to the services provided by the Post Office which was the subject of a representation made to the National Council by, or on behalf of, a user of the services so provided or of any other matter relating to the services so provided which appeared to the National Council to be one to which consideration ought to be given by it notwithstanding that no representation had been made with respect to it, the Council shall consider the matter and, if it is of the opinion that action ought to be taken, give to the Secretary of State and the Post Officenotice of that fact (stating whether or not the matter was the subject of a representation made to the National Council) and of the action which the Council thinks ought to be taken, as if it were the National Council acting pursuant to section 14(9)(a) of the 1969 Act and shall also give such notice to the Commission;
(b) the National Council has not completed its consideration under section 14(9)(b) of the 1969 Act of the subject-matter of a notice given to it in pursuance of section 14(8)(a) of the 1969 Act by a Country Council, the Council shall consider the subject-matter of such a notice and transmit its observations thereon to the Secretary of State and the Post Office as if it were the National Council acting pursuant to section 14(9)(b) of the 1969 Act and shall also transmit such observations to the Commission;
(c) the National Council has not completed its consideration and report under section 14(9)(c) of the 1969 Act on any matter referred to it by the Secretary of State or by the Post Office under section 14(6) of the 1969 Act, the Council shall consider any such matter and report thereon to the Secretary of State and the Post Office as if it were the National Council acting pursuant to section 14(9)(c) of the 1969 Act and shall also report thereon to the Commission.
6. Notwithstanding the repeal of section 14 of the 1969 Act, where, by the date on which the Country Councils are abolished under section 2(4) of the Act,—
(a) a Country Council has not completed its consideration under section 14(8)(a) of the 1969 Act of any matter relating to the services provided by the Post Office in the part of the United Kingdom for which the Country Council is established which was the subject of a representation made to the Country Council by, or on behalf of, a user in that part of the United Kingdom of those services or of any other matter relating to the services so provided in that part of the United Kingdom which appeared to the Country Council to be one to which consideration ought to be given by it notwithstanding that no representation had been made to it with respect to it, the Council shall consider the matter and, if it is of the opinion that action ought to be taken with respect to any such matter, give to the Secretary of State and the Post Officenotice of that fact (stating whether or not the matter was the subject of a representation made to the Country Council) and of the action which the Council thinks ought to be taken as if it were one of the Country Councils acting pursuant to section 14(8)(a) of the 1969 Act and shall also give such notice to the Commission;
(b) a Country Council has not completed its consideration and report under section 14(8)(b) of the 1969 Act on any matter referred to it by the Secretary of State or the Post Office under section 14(7) of the 1969 Act, the Council shall consider the matter and report thereon to the Secretary of State and the Post Office as if it were one of the Country Councils acting pursuant to section 14(8)(b) of the 1969 Act and shall also report thereon to the Commission.
7. Where, on or after the day appointed under section 62 of the Act, the Council is required by Article 5 or Article 6 to give notice, or to transmit observations, to the Post Office, the Council shall give that notice or, as the case may be, transmit those observations, to the Post Office company.
8. Notwithstanding the repeal of section 14 of the 1969 Act, the duty of the National Council and the Country Councils under section 14(14) of the 1969 Act to make, as respects each accounting year, a report to the Secretary of State on the exercise and performance by the National Council or, as the case may be, a Country Council, of its functions during that year shall, in respect of the accounting year in which the abolition of the National Council and the Country Councils under section 2(4) of the Act occurs, be performed by the Council and the Secretary of State shall lay a copy of each such report before each House of Parliament.
Alan Johnson,
Parliamentary Under Secretary of State for Competitiveness,
Department of Trade and Industry
2nd November 2000
Article 2(1)
SCHEDULE 1 PROVISIONS COMING INTO FORCE ON 6 NOVEMBER 2000
| Provision | Subject matter of provision |
|---|---|
| Section 1 | The Postal Services Commission |
| Section 3 | Duty of the Commission to ensure provision of a universal postal service |
| Section 4 | Provision of a universal postal service: meaning |
| Section 5 | Other duties of the Commission in the consumer interest |
| Section 11 | Licences: general |
| Section 12, except for paragraph (b) of subsection (3) and subsection (5) | Licences: grant |
| Section 13 | Licences: conditions and other provisions |
| Section 30, subsection (2) | Financial penalties |
| Section 38 | Register |
| Section 39 | Recovery of costs of the Council etc. |
| Section 42, subsection (3) | Duties in relation to public post offices |
| Section 43, except paragraph (b) of subsection (3) | Duties in relation to social and environmental matters |
| Section 44, except subsection (5) | Review and information |
| Section 45 | Annual and other reports: the Commission |
| Section 46 | Publication of information and advice: the Commission |
| Section 47, in so far as it relates to information required in connection with the exercise of the Commission’s functions under section 44(4) | Power of the Commission to require information |
| Section 48 | Information powers: enforcement |
| Section 59, subsection (2) | Provision of information by the Council to the Commission |
| Part IV | Reorganisation of the Post Office |
| Section 101 | Directions in interests of national security etc. |
| Section 102 | Power to ensure compliance with the Postal Services Directive |
| Section 103 | Subsidy for public post offices |
| Section 117 | Records of the former Postmaster General’s department |
| Section 118 | Supplementary provisions relating to the Council |
| Section 119, in so far as it relates to the provisions in Schedule 7 specified below | General restrictions on the disclosure of information |
| Section 127(4), in so far as it relates to the amendments effected by Schedule 8 specified below | General amendments and repeals |
| Section 127(6), in so far as it relates to the repeals and revocations specified in the table below | |
| Schedule 1 | The Postal Services Commission |
| Schedule 3 | Transfer to the Post Office company: supplementary provisions |
| Schedule 4 | Transfer to the Post Office company: tax |
| Schedule 6, paragraph 1 | Further provisions relating to land: Power to place post-boxes etc. in streets |
| Schedule 7, except subparagraph (1)(a) of paragraph 3 in relation to the Competition Commission and the Council | Disclosure of information |
| Schedule 8, paragraphs 6, 7, 8 (in so far as it relates to the Post Office company), 10, 14(1) and (3), 15, and 27 | Amendments of enactments |
| In Schedule 9, the repeals and revocations specified in the table below | Repeals and revocations |
Table
| Reference | Short Title | Extent of Repeal |
|---|---|---|
| 1976 c. 10 | Post Office (Banking Services) Act 1976 | The whole Act |
| S.I. 1999/2107 | Postal Services Regulations 1999 | Regulation 2(2) and (3) Regulation 3(1) to 3(3). |
Article 2(2)
SCHEDULE 2 PROVISIONS COMING INTO FORCE ON 1 JANUARY 2001
| Provision | Subject matter of provision |
|---|---|
| Section 2 | The Consumer Council for Postal Services |
| Section 12, in so far as it is not already in force | Licences: grant |
| Section 31 | Statement of policy in relation to penalties |
| Section 41 | Free services for the blind and partially sighted |
| Section 42, in so far as it is not already in force | Duties in relation to public post offices |
| Section 43, in so far as it is not already in force | Duties in relation to social and environmental matters |
| Section 44, in so far as it is not already in force | Review and information |
| Section 47, in so far as it relates to information required in connection with the exercise of the Commission’s functions under section 42 and section 44(5) | Power of the Commission to require information |
| Section 50 | Codes of practice |
| Section 51 | Relevant postal issues |
| Section 52 | Provision of advice and information to public authorities and licence holders |
| Section 53 | Publication of information to users |
| Section 54 | Exercise of functions: general |
| Section 55 | Annual and other reports: the Council |
| Section 56 | Complaints referred to the Council |
| Section 57 | Power of the Council to investigate other matters |
| Section 58 | Power of the Council to require information |
| Section 59, in so far as it is not already in force | Provision of information by the Council to the Commission |
| Section 60 | Memorandum of understanding |
| Section 61 | Forward work programmes |
| Section 93 | Power to modify sections 89 to 92 |
| Section 94 | Power to require carriage of mail-bags by ship or aircraft |
| Section 119, in so far as it relates to the provisions in Schedule 7 specified below | General restrictions on the disclosure of information |
| Section 127(4), in so far as it relates to the amendments effected by Schedule 8 specified below | General amendments and repeals |
| Section 127(6), in so far as it relates to the repeals specified in the table below | |
| Schedule 2 | The Consumer Council for Postal Services |
| Schedule 7, subparagraph (1)(a) of paragraph 3 in relation to the Council | Disclosure of information |
| In Schedule 8, paragraphs 8 (in so far as it is not already in force), 9, 13, and 14 (in so far as it is not already in force) | Amendments of enactments |
| In Schedule 9, the repeals specified in the table below | Repeals and revocations |
Table
| Reference | Short Title | Extent of Repeal |
|---|---|---|
| 1 & 2 Eliz.2 c. 36 | Post OfficeAct 1953 | Section 29 Section 44 and 45 |
| 1967 c. 13 | Parliamentary Commissioner Act 1967 | In Schedule 2, the entries relating to the Post OfficeUsers' Council for Northern Ireland, the Post OfficeUsers' Council for Scotland, the Post OfficeUsers' Council for Wales and the Post OfficeUsers' National Council |
| 1969 c. 48 | Post OfficeAct 1969 | Sections 14 and 15 |
| 1970 c. 44 | Chronically Sick and Disabled Persons Act 1970 | In section 14, in subsection (1), the words “, the Post OfficeUsers' Councils” and subsection (2) |
| 1975 c. 24 | House of Commons Disqualification Act 1975 | In Schedule 1, in Part III, the entry relating to the Chairman of the Post OfficeUsers' National Council |
| 1981 c. 38 | British Telecommunications Act 1981 | Section 65 |
| 1995 c. 21 | Merchant Shipping Act 1995 | In Schedule 13, paragraph 28. |
Article 2(3)
SCHEDULE 3 PROVISIONS COMING INTO FORCE ON 26 MARCH 2001
| Provision | Subject matter of provision |
|---|---|
| Section 6 | Restriction on provision of postal services |
| Section 7 | Exceptions from section 6 |
| Section 8 | Power to modify section 7 by order |
| Section 9 | General power to suspend the restriction |
| Section 10 | Emergency power to suspend the restriction |
| Section 14 | Modification of licences by agreement |
| Section 15 | References to the Competition Commission |
| Section 16 | Reports on references |
| Section 17 | Modification following report |
| Section 18 | Power of intervention of the Competition Commission |
| Section 19 | Procedural requirements in relation to modifications |
| Section 20 | Application of competition legislation to references etc. |
| Section 21 | Modification by order under other enactments |
| Section 22 | Final orders |
| Section 23 | Provisional orders |
| Section 24 | Confirmation of provisional orders |
| Section 25 | Exceptions from duty to make or confirm enforcement orders |
| Section 26 | Enforcement orders: main procedural requirements |
| Section 27 | Enforcement orders: further procedural requirements |
| Section 28 | Validity of enforcement orders |
| Section 29 | Effect of enforcement orders |
| Section 30, in so far as it is not already in force | Financial penalties |
| Section 32 | Imposition of penalties: main procedural requirements |
| Section 33 | Penalties: further procedural requirements |
| Section 34 | Time-limits on the imposition of penalties |
| Section 35 | Interest and payments by instalment |
| Section 36 | Appeals |
| Section 37 | Recovery of penalties |
| Section 40 | Directors' remuneration |
| Section 47, in so far as it is not already in force | Power of the Commission to require information |
| Section 49 | Powers of entry and seizure |
| Section 95 | Power to acquire land etc. |
| Section 97 | Harbour charges on mail-bags |
| Section 98 | Mail-bags not to be subject to control by harbour authorities |
| Section 99 | Common carriers |
| Section 100 | Certain exemptions from postage etc. |
| Section 116 | The Postcode Address File |
| Section 119, in so far as it is not already in force | General restrictions on disclosure of information |
| Section 127(4), in so far as it is not already in force | General amendments and repeals |
| Section 127(6), in so far as it relates to the repeals and revocations specified in the table below | |
| Schedule 5 | Acquisition of land |
| Schedule 6, in so far as it is not already in force | Further provisions relating to land |
| Schedule 7, in so far as it is not already in force | Disclosure of information |
| Schedule 8, paragraphs 11, 12, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 | Amendments of enactments |
| In Schedule 9, the repeals and revocations specified in the table below | Repeals and revocations |
Table
| Reference | Short Title | Extent of Repeal |
|---|---|---|
| 10 & 11 Geo 5 c. 75 | Official Secrets Act 1920 | Section 5 |
| 1969 c. 48 | Post OfficeAct 1969 | Section 33 Sections 40 and 41 Sections 43 and 44 Sections 46 to 48 Sections 55 to 63 Sections 66 and 67 Sections 72 and 73 Section 84 Section 87 Section 119 Section 129 In section 135, subsection (1)(b) and the word “or” immediately preceding it and subsections (2) and (3) Schedules 2 and 3 In Schedule 4, paragraph 21 |
| S.I. 1973/2163 | Northern Ireland (Modification of Enactments—No. 1) Order 1973 | In Schedule 5, paragraph 20(a) |
| 1981 c. 38 | British Telecommunications Act 1981 | Sections 58(1) to (3) Sections 59 to 61 Sections 63 and 64 Sections 66 to 69 Sections 71 to 74 Section 76 |
| 1987 c. 22 | Banking Act 1987 | In Schedule 6, paragraph 10 |
| S.I. 1999/1042 | Scotland Act 1998 (Consequential Modifications) (No. 1) Order 1999 | In Schedule 1, paragraph 6 |
| S.I. 1999/2107 | Postal Services Regulations 1999 | In Regulation 1(3), the definitions of “the 1969 Act” and “the 1981 Act” Regulations 4 to 6. |
1969 c. 48 . Subsection (1) of section 14 was amended by the Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1974 (S.I. 1974/595 ), Article 3(14).
1969 c. 48 . Subsection (1) of section 14 was amended by the Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1974 (S.I. 1974/595 ), Article 3(14); subsections (2)-(4), (6)-(9), (14)-(17) and (19) of section 14 were amended by the Ministry of Posts and Telecommunications (Dissolution) Order 1974 (S.I. 1974/691 ), Articles 2 and 3(3); subsection (18) of section 14 was repealed by the British Telecommunications Act 1981 (c. 38) , Schedule 6, Part I; subsection (20) of section 14 was repealed by the House of Commons Disqualification Act 1975 (c. 24) , section 10(2), Schedule 3.