50 Indemnity on account of extending Post Office accommodation.
The Post Office may contract with, or take security from, any person applying to it to establish any post or telegraph office, or to extend the accommodations of the postal or telegraphic services to any place, for indemnifying the Post Office against any loss it may sustain thereby, and the indemnity may be either for the whole or any part of the loss sustained, and for such time as the Post Office may think necessary.
51 Power of local authority to contribute towards new post office or extra postal facilities.
(1) Where the council of any borough or district consider that it would be beneficial to the inhabitants of the borough or district that any new post office should be on a more expensive site, or of a larger size, or of a more ornate building, or otherwise of a more expensive character than the Post Office would otherwise provide, the council may contribute towards the new post office, either by a grant of money or, with the consent of the Minister of Housing and Local Government, by the appropriation of land belonging to the council or by the purchase of land for the purpose.
(2) Where the council of any London borough consider that it would be beneficial to the inhabitants of the borough . . . that any post or telegraph office should be established, or any additional postal or other facilities should be provided, by the Post Office in or for the purposes of the borough . . . the council may undertake to pay to the Post Office any loss it may sustain by reason of the establishment or maintenance of the office or the provision of the facilities.
(3) Where the council of any . . . district, or the parish council of a parish, or in the case of a parish not having a parish council the parish meeting, consider that it would be for the benefit, in the case of a . . . district council, of any . . . place or places within their district or, in the case of a parish council or parish meeting, of their parish, that any post or other telegraph office should be established, or any additional postal or facilities should be provided, by the Post Office whether within or without the area to be benefited, that council or meeting may undertake to pay to the Post Office any loss it may sustain by reason of the establishment or maintenance of the office or the provision of the facilities: . . .
(4) The council of a borough or district may borrow for the purpose of subsection (1) of this section.
(5) The foregoing provisions of this section shall, in their application to Scotland, have effect subject to the following modifications:—
(a) for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State; for references to a borough urban district, rural district or parish and to the council thereof there shall be substituted references to a local government area and to the council thereof (constituted under section 2 of the Local Government etc. (Scotland) Act 1994); and references to a contributory place and to a parish meeting shall be omitted;
(b) subsection (2), and subsection (3) from the words “and any” onwards, shall be omitted;
(c) . . .
(d) nothing in subsection (3) shall authorise the establishment of an office or the provision of facilities outside the area to be benefited.
(6) This section shall, in its application to Northern Ireland, have effect subject to the following modifications:—
(a) for the reference in subsection (1) to the Minister of Housing and Local Government there shall be substituted a reference to the Department of Environment for Northern Ireland;
(aa) for any reference to the council of any borough or urban district there shall be substituted a reference to a district council established under the Local Government Act (Northern Ireland) 1972;
(ab) subsection (3) shall be omitted;
(b)—(e) . . .
(f) subsection (4) shall be omitted.
(7) This section shall, in its application to the Isle of Man, have effect subject to the following modifications:—
(a) for the reference in subsection (1) to the Minister of Housing and Local Government there shall be substituted a reference to the Isle of Man Local Government Board; and for the references in that subsection to a borough or urban district and to the council thereof there shall be respectively substituted references to a local government district and to the local authority;
(b) any expenses incurred under subsection (1) may be paid as expenses of the local authority out of the district fund, and any money may be borrowed for the purposes of this section in the same manner and subject to the same conditions as if those purposes were purposes of the Local Government Acts 1916 to 1952, being Acts of the legislature of the Isle of Man, or any other Act of that legislature amending those Acts;
(c) subsections (2) to (4) shall be omitted.
If any person—
(a) steals a mail bag;
(b) steals any postal packet in course of transmission by post;
(c) steals any chattel, money or valuable security out of a postal packet in course of transmission by post; or
(d) stops a mail with intent to rob or search the mail,
he shall be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding ten years.
If any person unlawfully takes away or opens a mail bag sent by any ship, vehicle or aircraft employed by or under the Post Office for the transmission of postal packets under contract, or unlawfully takes a postal packet in course of transmission by post out of a mail bag so sent, he shall be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding five years.
If any person receives any mail bag, or any postal packet or any chattel or money or valuable security, the stealing . . . or secreting of which amounts to an offence under this Act, knowing it to have been so . . . stolen . . . or secreted, and to have been sent, or to have been intended to be sent, by post, he shall be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding fourteen years and may be proceeded against and convicted whether the principal offender has or has not been previously convicted or is or is not amenable to justice.
55 Fraudulent retention of mail bag or postal packet.
Any person who fraudulently retains, or wilfully secretes or keeps, or detains, or who, when required by a person engaged in the business of the Post Office, neglects or refuses to deliver up—
(a) any postal packet which is in course of transmission by post and which ought to have been delivered to any other person; or
(b) any postal packet in course of transmission by post or any mail bag which has been found by him or by any other person,
shall be guilty of a misdemeanour and be liable to a fine and to imprisonment for a term not exceeding two years.
(1) If any person not engaged in the business of the Post Office wilfully and maliciously, with intent to injure any other person, either opens or causes to be opened any postal packet which ought to have been delivered to that other person, or does any act or thing whereby the due delivery of the packet to that other person is prevented or impeded, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding six months or to both
(2) Nothing in this section shall apply to a person who does any act to which this section applies where he is parent, or in the position of parent or guardian, of the person to whom the postal packet is addressed.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In this section the expression “postal packet” means a postal packet which is in course of transmission by post or which has been delivered by post.
57 Stealing, embezzlement, destruction etc. by officer of Post Office of postal packet.
If any person engaged in the business of the Post Officesteals, or for any purpose whatever embezzles, secretes . . . a postal packet in course of transmission by post, he shall be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding seven years . . .
58 Opening or delaying of postal packets by officers of the Post Office.
(1) If any person engaged in the business of the Post Office, contrary to his duty, opens, or procures or suffers to be opened, any postal packet in course of transmission by post, or wilfully detains or delays, or procures or suffers to be detained or delayed, any such postal packet, he shall be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding two years or to a fine, or to both:
Provided that nothing in this section shall extend to the opening, detaining or delaying of a postal packet returned for want of a true direction, or returned by reason that the person to whom it is directed has refused it, or has refused or neglected to pay the postage thereof, or that the packet cannot for any other reason be delivered, or to the opening, detaining or delaying of a postal packet under the authority of this Act or in obedience to a warrant issued by the Secretary of State or the Scottish Ministers under section 2 of the Interception of Communications Act 1985or under the authority of an interception warrant under section 5 of the Regulation of Investigatory Powers Act 2000.
(2) In the application of the foregoing subsection to . . . the Isle of Man, for the reference to a warrant issued by the Secretary of State under section 2 of the Interception of Communications Act 1985there shall be substituted a reference to a warrant in writing under the hand of the Lieutenant-Governor issued with the sanction of a Secretary of State.
59 Carelessness, negligence or misconduct of persons employed in carrying or delivering mail bags, postal packets, etc.
If any person employed to convey or deliver a mail bag, or a postal packet in course of transmission by post, or to perform any other duty in respect of a mail bag or such a postal packet—
(a) without authority whilst so employed, or whilst the mail bag or postal packet is in his custody or possession, leaves it, or suffers any person, not being the person in charge thereof, to ride in the place appointed for the person in charge thereof in or upon any vehicle used for the conveyance thereof, or to ride in or upon a vehicle so used and not licensed to carry passengers, or upon a horse used for the conveyance on horseback thereof;
(b) is guilty of any act of drunkenness whilst so employed;
(c) is guilty of carelessness, negligence or other misconduct whereby the safety of the mail bag or postal packet is endangered;
(d) without authority collects, receives, conveys or delivers a postal packet otherwise than in the ordinary course of post;
(e) gives any false information of an assault or attempt at robbery upon him; or
(f) loiters on the road or passage, or wilfully misspends his time so as to retard the progress or delay the arrival of a mail bag or postal packet in the course of transmission by post, or does not use due care and diligence safely to convey a mail bag or postal packet at the due rate of speed,
he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
60 Prohibition of placing injurious substances in or against post office letter boxes or telephone kiosks.
(1) A person shall not place or attempt to place in or against any post office letter box . . . any fire, match, light, explosive substance, dangerous substance, filth, noxious or deleterious substance, or fluid, and shall not commit a nuisance in or against any post office letter box . . . , and shall not do or attempt to do anything likely to injure the box, . . . or its appurtenances or contents.
(2) If any person acts in contravention of this section, he shall be liable on summary conviction to a fine not exceeding £100 or on conviction on indictment to imprisonment for a term not exceeding twelve months.
61 Prohibition of affixing placards, notices, etc. on post office letter boxes, etc.
(1) A person shall not without due authority affix or attempt to affix any placard, advertisement, notice, list, document, board or thing in or on, or paint or tar, any post office, post office letter box, . . . or other property belonging to or used by or on behalf of the Post Office, and shall not in any way disfigure any such office, box, . . . or property.
(2) If any person acts in contravention of this section, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
62 Prohibition of imitation of post office stamps, envelopes, forms and marks.
(1) A person shall not without due authority—
(a) make, issue, or send by post or otherwise any envelope, wrapper, card, form or paper in imitation of one issued by or under the authority of the Post Office or of any other postal administration, or having thereon any words, letters or marks which signify or imply or may reasonably lead the recipient thereof to believe that a postal packet bearing them is sent on Her Majesty’s service;
(b) make on any envelope, wrapper, card, form or paper for the purpose of being issued or sent by post or otherwise, or otherwise used, any mark in imitation of or similar to or purporting to be any stamp or mark of any post office under the Post Office or under any other postal administration, or any words, letters or marks which signify or imply or may reasonably lead the recipient thereof to believe that a postal packet bearing them is sent on Her Majesty’s service; or
(c) issue or send by post or otherwise any envelope, wrapper, card, form or paper so marked.
(2) If any person acts in contravention of this section, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(1) Except for such purposes as may be approved by the Post Office in writing and in accordance with such (if any) conditions as may be attached to the approval, a person shall not . . .
(a) make, knowingly utter, deal in or sell any fictitious stamp;
(b) have in his possession, unless he shows a lawful excuse, any fictitious stamp; or
(c) make or, unless he shows a lawful excuse, have in his possession any die, plate, instrument or materials for making any fictitious stamp.
(2) A person shall not knowingly use for the purposes of the Post Office any fictitious stamp.
(3) If any person acts in contravention of the foregoing provisions of this section, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale
(4) Any stamp, die, plate, instrument or materials found in the possession of any person in contravention of subsection (1) of this section may be seized and shall be forfeited.
(5) The importation into the United Kingdom from a place outside the member States . . . —
(a) of any facsimile, imitation or representation, whether on paper or otherwise, of any stamp for denoting any rate of postage, whether of the British postal area or of any country outside that area; or
(b) of any die, plate, instrument or materials for making such a facsimile, imitation or representation,
is hereby prohibited.
(6) In this section the expression “fictitious stamp” means any facsimile, imitation or representation, whether on paper or otherwise, of any stamp for the time being authorised or required to be used for the purposes of the Post Office or of any current stamp for denoting a rate of postage of any country outside the British postal area.
(7) Notwithstanding anything in sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeal and re-enactment), any reference to section sixty-five of the Post Office Act 1908, in, or in any regulations made under, any other enactment applying or adapting that section for the purposes of that enactment or of any such regulations shall, unless the contrary intention appears, be construed as a reference to the provisions of that section as originally enacted, being the provisions set out in the Second Schedule to this Act.
64 Prohibition of false notice as to reception of letters, etc.
(1) A person shall not without the authority of the Post Office place or maintain in or on any house, wall, door, window, box, post, pillar or other place belonging to him or under his control, any of the following words, letters or marks, that is to say—
(a) the words “post office” . . . ;
(b) the words “letter box” accompanied with words, letters or marks which signify or imply or may reasonably lead the public to believe that it is a post office letter box; or
(c) any words, letters or marks which signify or imply or may reasonably lead the public to believe that any house or place is a post office, . . . , or that any box is a post office letter box;
and every person, when required by a notice given by the Post Office to remove or efface any such words, letters or marks as aforesaid, or to remove or effectually close up any letter box belonging to him or under his control which has been a post office letter box, shall comply with the requirement.
(2) A person shall not without the authority of the Post Office—
(a) place or maintain in or on any ship, vehicle, aircraft or premises belonging to him or under his control; or
(b) use in any document in relation to himself or any other person or in relation to any ship, vehicle, aircraft or premises, the words “Royal Mail” or “Royal Air Mail” or any words, letters or marks which signify or imply or may reasonably lead the public to believe that the ship, vehicle, aircraft or premises is or are used by the Post Office or with his authority for the purpose of collecting or conveying postal packets or that he or that other person is authorised by the Post Office to collect or convey such packets; and every person when required by a notice given by the Post Office to remove or efface or cease to use any such words, letters or marks as aforesaid shall comply with the requirement.
(3) If any person acts in contravention of this section, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale, and, if the offence is continued after a previous conviction, to a fine not exceeding 25p. for every day during which the offence so continues.
65 Obstruction and molestation of officers of the Post Office.
(1) If any person wilfully obstructs or molests, or incites anyone to obstruct or molest a person engaged in the business of the Post Office in the execution of his duty, or whilst in any post office or within any premises belonging to any post office or used therewith obstructs the course of business of the Post Office, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scaleor to imprisonment for a term not exceeding one month, or to both.
(2) Any person engaged in the business of the Post Office may require any person guilty of any offence under this section to leave a post office or any such premises as aforesaid and, if the person so required refuses or fails to comply with the requirement, he shall be liable on summary conviction to a further fine not exceeding level 1 on the standard scaleand may be removed by any officer of the Post Office, and any constable shall on demand remove or assist in removing any such person.
68 Endeavouring to procure the commission of any felony or misdemeanour.
If any person solicits or endeavours to procure any other person to commit an offence punishable on indictment under this Act, he shall be guilty of a misdemeanour and be liable to imprisonment for a term not exceeding two years.
(1) Proceedings for any offence against this Act punishable on summary conviction may be commenced at any time within one year next after the commission of the offence.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70 Prosecution of certain offences in any jurisdiction of British postal area.
(1) Where a person—
(a) steals or attempts to steal any mail bag or postal packet in the course of transmission as such between places in different jurisdictions in the British postal area, or any of the contents of such a mail bag or postal packet; or
(b) in stealing or with intent to steal any such mail bag or postal packet or any of its contents, commits any robbery, attempted robbery or assault with intent to rob;
then, in whichever of those jurisdictions he does so, he shall by virtue of this section be guilty in each of the jurisdictions in which this subsection has effect of committing or attempting to commit the offence against section 52 of this Act, or the offence referred to in paragraph (b) of this subsection, as the case may be, as if he had done so in that jurisdiction, and he shall accordingly be liable to be prosecuted, tried and punished in that jurisdiction without proof that the offence was committed there.
(2) In subsection (1) above the reference to different jurisdictions in the British postal area is to be construed as referring to the several jurisdictions of England and Wales, of Scotland, of Northern Ireland, . . . ; and that subsection shall have effect in each of those jurisdictions except England and Wales and Northern Ireland.
72 Evidence of thing being postal packet, and of consent of Postmaster-General to prosecution.
(1) On the prosecution of any offence against this Act, whether summarily or on indictment, evidence that any article is in the course of transmission by post, or has been accepted on behalf of the Postmaster-General or the Post office for transmission by post, shall be sufficient evidence that the article is a postal packet.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)I n any proceedings in England or Wales for an offence under section 53, 55, 56, 57 or 58 of this Act, section 27(4) of the Theft Act 1968 shall apply as it is expressed to apply to proceedings for the theft of anything in the course of transmission by post; and in the case of proceedings under section 53 of this Act a statutory declaration made by any person that a vessel, vehicle or aircraft was at any time employed by or under the Post Office for the transmission of postal packets under contract shall be admissible as evidence of the facts stated in the declaration subject to the same conditions as under section 27(4)(a) and (b) of the Theft Act 1968 apply to declarations admissible under section 27(4).
(4) In any proceedings in Northern Ireland for an offence under section 53, 55, 56, 57 or 58 of this Act, section 26(5) of the Theft Act (Northern Ireland) 1969 shall apply as it is expressed to apply to proceedings for the theft of anything in the course of transmission by post; and, in the case of proceedings under section 53 of this Act, a statutory declaration made by any person that a vessel, vehicle or aircraft was at any time employed by or under the Post Office for the transmission of postal packets under contract shall be admissible as evidence of the facts stated in declaration subject to the same conditions as under section 26(5)(a) and (b) of the Theft Act (Northern Ireland) 1969 apply to declarations admissible under section 26(5).
Where any sum not exceeding twenty pounds is due from any person engaged in the business of the Post Office or from his sureties in respect of moneys received in the discharge of his duty, it may, without prejudice to any other mode of recovery, be recovered in England, Wales or Northern Ireland summarily as a civil debt . . .
(1) Where it appears to the Post Office that any post office letter box, by reason of being on the premises of any private person or otherwise, is so situated as not to afford the same security against the improper removal of postal packets thereform or other fraud as exists in the case of other post office letter boxes, it may declare that that post office letter box shall be a private posting box, and shall affix upon or near the box a notice of its being and of the effect of its being a private posting box, and a postal packet put into that box shall not, for the purpose of any enactment, law or contract whereby the due posting of a postal packet is evidence of the receipt thereof by the addressee, be deemed to have been duly posted.
(2) A certificate signed by or on behalf of the Postmaster General to the effect that any box or receptacle is or was provided by the permission or under the authority of the Postmaster-General for the purpose of receiving postal packets or any class of postal packets, shall in any legal proceedings be sufficient proof of the facts stated in the certificate unless the contrary is shown.
79 Surrender of clothing by officer of Post Office on ceasing to be officer.
(1) Where a person engaged in the business of the Post Office vacates his office (whether by reason of dismissal, resignation, death or otherwise) he, or if he is dead his personal representative or the person acting as his personal representative, shall deliver to the Post Office all articles (whether uniform, accoutrements, appointments or other necessaries) which have been issued to the officer vacating his office for the execution of his duty and are not the property of that officer, and shall deliver the articles in good order and condition, fair wear and tear only excepted.
(2) If any person fails to comply with the provisions of this section he shall be liable on summary conviction to a fine not exceeding £2, and also to pay such further sum not exceeding £2 as the court may determine to be the value of the articles not delivered, or, if the articles have been delivered but not in good order and condition, of the damage done to the articles.
(3) Any justice of the peace and in Scotland any sheriff or magistrate of a burgh may issue a warrant by virtue of which a constable may search for and seize any articles not delivered as required by this section, in like manner as if they were stolen goods and the warrant were a warrant to search for stolen goods.
(1) In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively:—
. . .
“British postal area” means the United Kingdom, . . . ;
“chattel” in relation to Scotland means a corporeal moveable;
“commander”, in relation to an aircraft, includes the pilot or other person in charge of the aircraft;
“foreign”, in relation to any postal packet, means either posted in the British postal area and sent to a place outside that area, or posted in a place outside that area and sent to a place within that area, or in transit through the British postal area to a place outside that area;
“inland”, in relation to any postal packet or any description thereof, means posted within the British postal area and addressed to some place in that area, and “inland postage” means the postage chargeable on an inland postal packet;
“mail” includes every conveyance by which postal packets are carried, whether it be a ship, aircraft, vehicle, horse or any other conveyance, and also a person employed in conveying or delivering postal packets;
“mail bag” includes . . . any form of container or covering in which postal packets in course of transmission by post are conveyed, whether or not it contains any such packets;
. . .
“master”, in relation to a ship, includes every person (except a pilot) having command or charge of the ship, whether the ship is a ship of war or other ship;
“officer of the Post Office” includes the Postmaster-General, and any person employed in any business of the Post Office, whether employed by the Postmaster-General or by any person under him or on behalf of the Post office;
“parcel” means any postal packet defined as a parcel by . . . the provisions of a scheme made under s. 28 of the Post Office Act 1969.
. . .
“postal packet” means a letter, postcard, reply postcard, newspaper, printed packet, sample packet, or parcel, and every packet or article transmissible by post, and includes a telegram;
“post office” includes any house, building, room, vehicle or place used for the purposes of the Post Office, and any post office letter box;
“post office letter box” includes any pillar box, wall box, or other box or receptacle provided by the permission or under the authority of the Postmaster-General or the authority established by section 6 of the Post Office Act 1969 for the purpose of receiving postal packets, or any class of postal packets, for transmission by or under the authority of the Postmaster-General or the authority established by section 6 of the Post Office Act 1969;
. . .
. . .
“regular mail train” has the meaning assigned by section thirty-three of this Act, and . . .
. . .
“ship” includes any boat or vessel whatsoever;
. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the purposes of the Post Office” includes any purpose relating to or in connection with the execution of any duties for the time being undertaken by the Postmaster-General or any of his officers;
. . .
“valuable security” means any document creating, transferring, surrendering or releasing any right to, in or over property, or authorising the payment of money or delivery of any property, or evidencing the creation, transfer, surrender or release of any such right, or the payment of money or delivery of any property, or the satisfaction of any obligation;
“vehicle” includes a railway vehicle.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1B) In the application of this Act to Great Britain, references to public service vehicles shall be construed in like manner as if they were contained in the Public Passenger Vehicles Act 1981.
(2) For the purposes of this Act—
(a) a postal packet shall be deemed to be in course of transmission by post from the time of its being delivered to any post office to the time of its being delivered to the addressee;
(b) the delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post or to an officer of the Post Office to be dealt with in the course of his duty shall be a delivery to a post office;
(c) the delivery of a postal packet—
(i) at the premises to which it is addressed or redirected, except they be a post office from which it is to be collected;
(ii) to any box or receptacle to which the occupier of those premises has agreed that postal packets addressed to persons at those premises may be delivered; or
(iii) to the addressee’s servant or agent or to some other person considered to be authorised to receive the packet.
shall be a delivery to the addressee.
(3) Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
(4) A reference in any enactment other than this Act to a post letter shall be construed as a reference to a postal packet within the meaning of this Act.
(1) The following provisions of this section shall have effect for the purposes of the application of this Act to Northern Ireland.
(2) Except where the context otherwise requires, the following expressions have the following meanings respectively—
“enactment” includes an enactment of the Parliament of Northern Ireland;
“public service vehicle” means a public service vehicle within the meaning of the Motor Vehicles and Road Traffic Acts (Northern Ireland) 1926 to 1945, not being a vehicle licensed as a motor hackney carriage pursuant to regulations for the time being in force under Part II of the Motor Vehicles (Traffic and Regulation) Act (Northern Ireland) 1926;
. . .
(3) Any reference in this Act to any enactment of the Parliament of the United Kingdom shall be construed as a reference to that enactment as it applies in Northern Ireland.
(4) Sections 16(1) and 17(2)(a) of the Interpretation Act 1978, shall have effect as if the expressions “Act” and “enactment” therein included enactments of the Parliament of Northern Ireland.
(5) Any reference in this Act (except in section 29) to the Transport Tribunal shall be construed as a reference to the Department of the Environment for Northern Ireland.