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;

“the Act” means the Postal Services Act 2000;

“Country Council” means any one of the Post Office Users' Council for Scotland, the Post Office Users' Council for Wales or the Post Office Users' Council for Northern Ireland, established under section 14(1) of the 1969 Act;

“the National Council” means the Post Office Users' National Council established by section 14(1) of the 1969 Act.

NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).
Postal Services95 Media & Communications95

Commencement

2

Commencement2

(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.

NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).

Transitional Provisions

3

Transitional Provisions3

(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(b)    considered any representations (which have not been withdrawn) made by the Council within 28 days starting with the day on which the notice was served, and which are made in accordance with the notice (except for any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.

NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).

4

4

Where, after the commencement of section 1 of the Act (and prior to the repeal of section 14 of the 1969 Act), 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.

NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).

5

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 Office notice 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.

NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).

6

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 Office notice 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.

NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).

7

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.

NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).

8

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.

NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).

Signature

Alan Johnson

Parliamentary Under Secretary of State for Competitiveness,

Department of Trade and Industry

2nd November 2000

SCHEDULE 1 Provisions Coming into Force on 6 November 2000

SCHEDULE 1Provisions Coming into Force on 6 November 2000 Article 2(1)
ProvisionSubject matter of provision
Section 1The Postal Services Commission
Section 3Duty of the Commission to ensure provision of a universal postal service
Section 4Provision of a universal postal service: meaning
Section 5Other duties of the Commission in the consumer interest
Section 11Licences: general
Section 12, except for paragraph (b) of subsection (3) and subsection (5)Licences: grant
Section 13Licences: conditions and other provisions
Section 30, subsection (2)Financial penalties
Section 38Register
Section 39Recovery 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 45Annual and other reports: the Commission
Section 46Publication 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 48Information powers: enforcement
Section 59, subsection (2)Provision of information by the Council to the Commission
Part IVReorganisation of the Post Office
Section 101Directions in interests of national security etc
Section 102Power to ensure compliance with the Postal Services Directive
Section 103Subsidy for public post offices
Section 117Records of the former Postmaster General's department
Section 118Supplementary provisions relating to the Council
Section 119, in so far as it relates to the provisions in Schedule 7 specified belowGeneral restrictions on the disclosure of information
Section 127(4), in so far as it relates to the amendments effected by Schedule 8 specified belowGeneral amendments and repeals
Section 127(6), in so far as it relates to the repeals and revocations specified in the table below
Schedule 1The Postal Services Commission
Schedule 3Transfer to the Post Office company: supplementary provisions
Schedule 4Transfer to the Post Office company: tax
Schedule 6, paragraph 1Further 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 CouncilDisclosure 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 27Amendments of enactments
In Schedule 9, the repeals and revocations specified in the table belowRepeals and revocations

Table

ReferenceShort TitleExtent of Repeal
1976 c 10Post Office (Banking Services) Act 1976The whole Act
SI 1999/2107Postal Services Regulations 1999Regulation 2(2) and (3)
Regulation 3(1) to 3(3).
NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).
Postal Services97 Company Law & Business Entities95 Competition Law92 Companies & Corporate Bodies95 Competition Institutions92 Media & Communications97

SCHEDULE 2 Provisions Coming into Force on 1 January 2001

SCHEDULE 2Provisions Coming into Force on 1 January 2001 Article 2(2)
ProvisionSubject matter of provision
Section 2The Consumer Council for Postal Services
Section 12, in so far as it is not already in forceLicences: grant
Section 31Statement of policy in relation to penalties
Section 41Free services for the blind and partially sighted
Section 42, in so far as it is not already in forceDuties in relation to public post offices
Section 43, in so far as it is not already in forceDuties in relation to social and environmental matters
Section 44, in so far as it is not already in forceReview 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 50Codes of practice
Section 51Relevant postal issues
Section 52Provision of advice and information to public authorities and licence holders
Section 53Publication of information to users
Section 54Exercise of functions: general
Section 55Annual and other reports: the Council
Section 56Complaints referred to the Council
Section 57Power of the Council to investigate other matters
Section 58Power of the Council to require information
Section 59, in so far as it is not already in forceProvision of information by the Council to the Commission
Section 60Memorandum of understanding
Section 61Forward work programmes
Section 93Power to modify sections 89 to 92
Section 94Power 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 belowGeneral restrictions on the disclosure of information
Section 127(4), in so far as it relates to the amendments effected by Schedule 8 specified belowGeneral amendments and repeals
Section 127(6), in so far as it relates to the repeals specified in the table below
Schedule 2The Consumer Council for Postal Services
Schedule 7, subparagraph (1)(a) of paragraph 3 in relation to the CouncilDisclosure 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 belowRepeals and revocations

Table

ReferenceShort TitleExtent of Repeal
1 & 2 Eliz 2 c 36Post Office Act 1953Section 29
Section 44 and 45
1967 c 13Parliamentary Commissioner Act 1967In Schedule 2, the entries relating to the Post Office Users' Council for Northern Ireland, the Post Office Users' Council for Scotland, the Post Office Users' Council for Wales and the Post Office Users' National Council
1969 c 48Post Office Act 1969Sections 14 and 15
1970 c 44Chronically Sick and Disabled Persons Act 1970In section 14, in subsection (1), the words “, the Post Office Users' Councils” and subsection (2)
1975 c 24House of Commons Disqualification Act 1975In Schedule 1, in Part III, the entry relating to the Chairman of the Post Office Users' National Council
1981 c 38British Telecommunications Act 1981Section 65
1995 c 21Merchant Shipping Act 1995In Schedule 13, paragraph 28
NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).
Transport Law99 Admiralty, Shipping & Navigation99 Postal Services96 Information Technology & Telecommunications93 Telecommunications93 Commercial Law99 Media & Communications96

SCHEDULE 3 Provisions Coming into Force on 26 March 2001

SCHEDULE 3Provisions Coming into Force on 26 March 2001 Article 2(3)
ProvisionSubject matter of provision
Section 6Restriction on provision of postal services
Section 7Exceptions from section 6
Section 8Power to modify section 7 by order
Section 9General power to suspend the restriction
Section 10Emergency power to suspend the restriction
Section 14Modification of licences by agreement
Section 15References to the Competition Commission
Section 16Reports on references
Section 17Modification following report
Section 18Power of intervention of the Competition Commission
Section 19Procedural requirements in relation to modifications
Section 20Application of competition legislation to references etc
Section 21Modification by order under other enactments
Section 22Final orders
Section 23Provisional orders
Section 24Confirmation of provisional orders
Section 25Exceptions from duty to make or confirm enforcement orders
Section 26Enforcement orders: main procedural requirements
Section 27Enforcement orders: further procedural requirements
Section 28Validity of enforcement orders
Section 29Effect of enforcement orders
Section 30, in so far as it is not already in forceFinancial penalties
Section 32Imposition of penalties: main procedural requirements
Section 33Penalties: further procedural requirements
Section 34Time-limits on the imposition of penalties
Section 35Interest and payments by instalment
Section 36Appeals
Section 37Recovery of penalties
Section 40Directors' remuneration
Section 47, in so far as it is not already in forcePower of the Commission to require information
Section 49Powers of entry and seizure
Section 95Power to acquire land etc
Section 97Harbour charges on mail-bags
Section 98Mail-bags not to be subject to control by harbour authorities
Section 99Common carriers
Section 100Certain exemptions from postage etc
Section 116The Postcode Address File
Section 119, in so far as it is not already in forceGeneral restrictions on disclosure of information
Section 127(4), in so far as it is not already in forceGeneral amendments and repeals
Section 127(6), in so far as it relates to the repeals and revocations specified in the table below
Schedule 5Acquisition of land
Schedule 6, in so far as it is not already in forceFurther provisions relating to land
Schedule 7, in so far as it is not already in forceDisclosure of information
Schedule 8, paragraphs 11, 12, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26Amendments of enactments
In Schedule 9, the repeals and revocations specified in the table belowRepeals and revocations

Table

ReferenceShort TitleExtent of Repeal
10 & 11 Geo 5 c 75Official Secrets Act 1920Section 5
1969 c 48Post Office Act 1969Section 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
SI 1973/2163Northern Ireland (Modification of Enactments—No 1) Order 1973In Schedule 5, paragraph 20(a)
1981 c 38British Telecommunications Act 1981Sections 58(1) to (3)
Sections 59 to 61
Sections 63 and 64
Sections 66 to 69
Sections 71 to 74
Section 76
1987 c 22Banking Act 1987In Schedule 6, paragraph 10
SI 1999/1042Scotland Act 1998 (Consequential Modifications) (No 1) Order 1999In Schedule 1, paragraph 6
SI 1999/2107Postal Services Regulations 1999In Regulation 1(3), the definitions of “the 1969 Act” and “the 1981 Act”
Regulations 4 to 6
NOTES
Initial Commencement
Date Made

Date made: 2 November 2000: (no specific commencement provision).
Proceedings99 Transport Law92 Admiralty, Shipping & Navigation92 Postal Services96 Information Technology & Telecommunications91 Telecommunications91 Enforcement of Competition Law99 Commercial Law92 Competition Institutions93 Competition Law99 Ports & Harbours92 Media & Communications96

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order brings into force provisions of the Postal Services Act 2000 as follows:

(a)    the provisions specified in Schedule 1 to the Order are to come into force on 6th November 2000,

(b)    the provisions specified in Schedule 2 to the Order are to come into force on 1st January 2001,

(c)    the provisions specified in Schedule 3 to the Order are to come into force on 26th March 2001.

Sections 120 to 126, section 127 (except subsections (4) and (6)) and sections 128 to 131 came into force on Royal Assent. Section 115 came into force 2 months after Royal Assent. The remaining provisions will be brought into force by subsequent orders.

Articles 3 to 8 contain transitional provisions.

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