71 Limit on loans and other arrangements with government.
(1) The Secretary of State and the Treasury shall exercise their powers under or by virtue of this Act so as to ensure that, on and after the appointed day, the Crown’s financial arrangements with relevant companies do not at any time exceed £5,000 million or such greater sum as the Secretary of State may by order specify.
(2) For the purposes of subsection (1) the Crown’s financial arrangements with relevant companies are the aggregate of—
(a) amounts outstanding in respect of the principal of loans made under section 37 of the Post Office Act 1969,
(b) amounts outstanding (otherwise than by way of interest) in respect of sums paid by the Treasury in fulfilment of guarantees given under section 38 of that Act,
(c) amounts outstanding in respect of the principal of loans made under section 68 of this Act,
(d) amounts outstanding (otherwise than by way of interest) in respect of sums paid by the Secretary of State in fulfilment of guarantees given under section 69 of this Act,
(e) amounts outstanding in respect of the principal of debt securities issued in pursuance of section 63 of this Act, and
(f) liabilities extinguished under section 70 of this Act so far as they are not replaced with corresponding liabilities.
(3) No order shall be made under subsection (1) unless a draft of it has been approved by a resolution of the House of Commons.
(4) For the purposes of this section equivalents in sterling shall be calculated as the Secretary of State considers appropriate.
(1) The Secretary of State may, on or after the appointed day, give directions to a relevant company that does not have a parent company (“the relevant company”)—
(a) requiring it to allocate to a reserve generally, or to a reserve for a particular purpose, or to cause any of its subsidiaries so to allocate to a reserve, either a specified amount or such amount as the relevant company considers appropriate,
(b) requiring it to re-allocate for a specified purpose, or to cause any of its subsidiaries so to re-allocate, the whole or any part of any amount previously allocated by the relevant company or (as the case may be) subsidiary to a reserve for some other purpose, or
(c) with respect to the application by the relevant company or any of its subsidiaries of amounts allocated to a reserve in accordance with a direction under this section.
(2) Directions requiring the allocation of any amount to a reserve may provide for it to be so allocated either at a specified time or during the course of a specified period.
(3) Directions under subsection (1)(c) may, in particular, require amounts allocated to a reserve in accordance with a direction under this section to be applied as if they were profits available for distribution within the meaning of section 830 of the Companies Act 2006 (distributions to be made out of profits).
(4) Despite subsection (3), no part of a reserve to which amounts have been allocated in accordance with this section shall count as an undistributable reserve of the company concerned for the purposes of section 831(4)(d) of the Companies Act 2006 (restriction on distribution of assets).
(5) For the purpose of determining under section section 831 of the Companies Act 2006 whether the company concerned may make a distribution at any time, any amount for the time being standing to the credit of the reserve concerned (excluding any amount which by virtue of subsection (3) above is authorised to be, but has not yet been, applied as if it were profits available for distribution) shall be treated for the purposes of section 831(4)(c) of the Companies Act 2006 as if it were unrealised profits of the company.
(5A) No direction under this section may be given to, or in respect of, a company that is not wholly owned by the Crown.
(6) Before giving a direction under this section to a company, the Secretary of State must consult the company.
(7) No direction shall be given under this section without the consent of the Treasury.
73 Statutory accounts of the original holding company.
(1) For the purposes of any statutory accounts of the original holding company—
(a) the transfer effected by virtue of section 62 shall be taken to have been a transfer of all the property, rights and liabilities to which the Post Office was entitled or subject immediately before the end of the last accounting year of the Post Office ending before the appointed day and to have been effected immediately after the end of that year, and
(b) the value or amount (as at the time of transfer) of any asset or liability of the Post Office taken to have been transferred to the original holding company by virtue of paragraph (a) shall be taken to be the value or (as the case may be) the amount assigned to that asset or liability for the purposes of the corresponding statement of accounts prepared by the Post Office in relation to that year.
(2) For the purposes of any statutory accounts of the original holding company the amount to be included in respect of any item shall be determined as if anything done by the Post Office (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the original holding company.
(3) Accordingly (but without prejudice to the generality of subsection (2))—
(a) the amount to be included from time to time in any reserves of the original holding company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Post Office had been realised and retained by the original holding company, and
(b) the amount to be included from time to time in any statutory accounts of the original holding company as representing its accumulated realised losses shall be determined as if any losses realised by the Post Office had been realised by the original holding company.
(4) In this section “statutory accounts”, in relation to the original holding company, means any accounts of that company prepared for the purposes of any provision of the Companies Act 2006 (including group accounts).
74 Further provisions relating to the capital structure of certain relevant companies.
(1) If the Secretary of State so directs, a company within subsection (1A) shall be taken to have assumed a debt to the Secretary of State of such amount as may be specified in the direction.
(1A) A company is within this subsection if—
(a) it is a relevant company,
(b) it is wholly owned by the Crown, and
(c) it does not have a parent company.
(2) The terms of any such debt, including the terms as to the payment of interest and repayment, shall be such as the Secretary of State may from time to time determine.
(3) A company within subsection (1A) shall issue such debt securities of the company as the Secretary of State may direct; and any such securities shall, as the Secretary of State may direct, be issued to the Treasury or the Secretary of State (or their nominees).
(4) Debt securities to be issued in pursuance of subsection (3) shall be issued at such time or times, and on such terms, as the Secretary of State (or a nominee of the Secretary of State) may direct.
(5) Subsections (3) and (4) are without prejudice to any power conferred by section 63.
(6) The Secretary of State may by order repeal this section.
(7) The Secretary of State—
(a) shall not exercise any power under this section without the consent of the Treasury or before the appointed day, and
(b) shall, before exercising any such power (other than the power under subsection (6)), consult the relevant company.
(8) In this Part “debt securities” means any instrument creating or acknowledging indebtedness which is issued by a company including, in particular, debentures, loan stock, bonds and certificates of deposit.
76 Accounts of the Secretary of State in relation to loans.
(1) The Secretary of State shall, in respect of each financial year, prepare in such form and manner as the Treasury may direct, an account of—
(a) sums issued to him under section 68(6),
(b) sums received by him as mentioned in section 68(8), and
(c) the disposal by him of the sums mentioned in paragraphs (a) and (b).
(2) The Secretary of State shall send the account to the Comptroller and Auditor General not later than the end of the month of November in the following financial year.
(3) The Comptroller and Auditor General shall—
(a) examine, certify and report on the account, and
(b) lay copies of it, together with his report, before each House of Parliament.
77 Publicity requirements for certain accounts and reports ....
(A1) This section applies to—
(a) a relevant company that is wholly owned by the Crown and does not have a parent company, and
(b) the original holding company if it is wholly owned by the Crown.
(1) A company to which this section applies shall send to the Secretary of State—
(a) a copy of all annual accounts of the company on which the company’s auditors have made a report under section 495 of the Companies Act 2006, and
(b) a copy of the auditor’s report,
as soon as practicable after the report has been made.
(2) A company to which this section applies shall send to the Secretary of State a copy of the report prepared by its directors under section 415 of the Companies Act 2006 in relation to any year which includes the appointed day or any subsequent year as soon as practicable after the report has been approved and signed under section 419 of that Act.
(2A) A company to which this section applies shall send to the Secretary of State a copy of the report prepared by its directors under section 414A of the Companies Act 2006 as soon as practicable after the report has been approved and signed under section 414D of that Act.
(3) The Secretary of State shall lay a copy of the accounts and reports received by him under this section before each House of Parliament.
(4) In this section “annual accounts” means annual accounts (within the meaning of Part 15 of the Companies Act 2006) which relate to any year which includes the appointed day or to any subsequent year.
78 Information requirements on certain relevant companies.
(A1) This section applies to—
(a) a relevant company that is wholly owned by the Crown and does not have a parent company, and
(b) the original holding company if it is wholly owned by the Crown.
(1) The Treasury may serve notice on a company to which this section applies—
(a) requiring it to supply to the Treasury such information—
(i) as the Treasury may reasonably require for the performance of their functions in relation to public sector finance, and
(ii) as may be specified or described in the notice, and
(b) specifying the time, place, manner and form in which any such information is to be supplied and the person to whom it is to be supplied.
(2) If a person makes default in complying with a notice under subsection (1), the court may, on the application of the Treasury, make such order as the court considers appropriate for requiring the default to be made good.
(3) Any such order may, in particular, provide that all the costs or expenses of and incidental to the application shall be borne—
(a) by the person in default, or
(b) if officers of a company are responsible for its default, by those officers.
(4) In this section “the court”—
(a) in relation to England and Wales or Northern Ireland, means the High Court, and
(b) in relation to Scotland, means the Court of Session.
(1) For the purposes of the provisions ... listed in subsection (2) neither the Treasury nor the Secretary of State shall be regarded as a shadow director of a relevant company any part of which is owned by the Crown.
(2) The provisions are—
(a) section 162(6) of the Companies Act 2006 (register of directors: liability for offence);
(b) Chapter 3 of Part 10 of that Act (declaration of interest in existing transaction or arrangement);
(c) sections 190 to 196 of that Act (transactions requiring members’ approval: substantial property transactions);
(d) sections 197 to 214 of that Act (transactions requiring members’ approval: loans etc. );
(e) regulation 10(3) of the Companies (Trading Disclosures) Regulations 2008 (liability for offence), as it applies in relation to an offence under regulation 8 (disclosure of names of directors).
(1) In this Part—
“the appointed day” has the meaning given by section 62(8),
“the Companies Acts” has the meaning given by section 2 of the Companies Act 2006,
“company” includes any body corporate,
“debenture” includes debenture stock,
“debt securities” has the meaning given by section 74(8),
any reference to a company being in the same “group” as another company is to be read in accordance with section 15(4) of the Postal Services Act 2011,
“the original holding company” has the meaning given by section 15 of the Postal Services Act 2011,
any reference to a company being a “parent” of another company is to be read in accordance with section 1162 of the Companies Act 2006,
“Post Office company” has the meaning given by section 6 of the Postal Services Act 2011,
“relevant company” has the meaning given by section 68(1A) of this Act,
“Royal Mail company” has the meaning given by section 2 of the Postal Services Act 2011,
“securities”, in relation to a company, includes shares, debt securities and other securities of the company, whether or not constituting a charge on the assets of the company, and the right to subscribe for, or to acquire, such securities and any other rights in connection with such securities,
...
“shares” includes stock, and
“wholly owned by the Crown” has the meaning given by section 15 of the Postal Services Act 2011.
(2) References in this Part to property, rights and liabilities of the Post Office are references to all such property, rights and liabilities, whether or not capable of being transferred or assigned by the Post Office.
(3) It is hereby declared for the avoidance of doubt that—
(a) any reference in this Part to property of the Post Office is a reference to property of the Post Office whether situated in the United Kingdom or elsewhere, and
(b) any reference in this Part to rights or liabilities of the Post Office is a reference to rights to which the Post Office is entitled, or (as the case may be) liabilities to which it is subject, whether under the law of the United Kingdom or of any part of the United Kingdom or under the law of any country or territory outside the United Kingdom.
(1) A person who is engaged in the business of a postal operator commits an offence if, contrary to his duty and without reasonable excuse, he—
(a) intentionally delays or opens a postal packet in the course of its transmission by post, or
(b) intentionally opens a mail-bag.
(2) Subsection (1) does not apply to the delaying or opening of a postal packet or the opening of a mail-bag under the authority of—
(a) this Act or any other enactment (including, in particular, in pursuance of a warrant issued under any other enactment), . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Subsection (1) does not apply to the delaying or opening of a postal packet in accordance with any terms and conditions applicable to its transmission by post.
(4) Subsection (1) does not apply to the delaying of a postal packet as a result of industrial action in contemplation or furtherance of a trade dispute.
(5) In subsection (4) “trade dispute” has the meaning given by section 244 of the M1Trade Union and Labour Relations (Consolidation) Act 1992 or Article 127 of the M2Trade Union and Labour Relations (Northern Ireland) Order 1995; and the reference to industrial action shall be construed in accordance with that Act or (as the case may be) that Order.
(6) A person who commits an offence under subsection (1) shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both,
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
(1) A person commits an offence if, without reasonable excuse, he—
(a) intentionally delays or opens a postal packet in the course of its transmission by post, or
(b) intentionally opens a mail-bag.
(2) Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(3) A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
(4) Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.
(5) A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
85 Prohibition on sending certain articles by post.
(1) A person commits an offence if he sends by post a postal packet which encloses any creature, article or thing of any kind which is likely to injure other postal packets in course of their transmission by post or any person engaged in the business of a postal operator.
(2) Subsection (1) does not apply to postal packets which enclose anything permitted (whether generally or specifically) by the postal operator concerned.
(3) A person commits an offence if he sends by post a postal packet which encloses—
(a) any indecent or obscene print, painting, photograph, lithograph, engraving, cinematograph film or other record of a picture or pictures, book, card or written communication, or
(b) any other indecent or obscene article (whether or not of a similar kind to those mentioned in paragraph (a)).
(4) A person commits an offence if he sends by post a postal packet which has on the packet, or on the cover of the packet, any words, marks or designs which are of an indecent or obscene character.
(5) A person who commits an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum,
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding twelve months or to both.
86 Prohibition on affixing advertisements on certain letter boxes etc.
(1) A person commits an offence if, without due authority, he affixes any advertisement, document, board or thing in or on any universal postal service post office, universal postal service letter box or other property belonging to, or used by, a universal service provider in connection with the provision of a universal postal service.
(2) A person commits an offence if, without due authority, he paints or in any way disfigures any such office, box or property.
(3) A person who commits an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) In this Act—
“universal postal service letter box” means any box or receptacle provided by a universal service provider for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission in connection with the provision of a universal postal service, and
“universal postal service post office” includes any house, building, room, vehicle or place used for the provision of any postal services in connection with the provision of a universal postal service or a part of such a service.
(1) A person commits an offence if, without the authority of the universal service provider concerned, he places or maintains 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—
(a) 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 universal postal service letter box, or
(b) any words, letters or marks which signify or imply or may reasonably lead the public to believe that any house, building, room, vehicle or place is a universal postal service post office, or that any box or receptacle is a universal postal service letter box.
(2) A person commits an offence if, without the authority of the universal service provider concerned, he—
(a) places or maintains in or on any ship, vehicle, aircraft or premises belonging to him or under his control, or
(b) uses in any document in relation to himself or any other person or in relation to any ship, vehicle, aircraft or premises,
any words, letters or marks which signify or imply, or may reasonably lead the public to believe, any of the things mentioned in subsection (3).
(3) The things are—
(a) that he or that other person is authorised by the universal service provider concerned to collect, receive, sort, deliver or convey postal packets in connection with the provision of a universal postal service,
(b) that the ship, vehicle, aircraft or premises are used by the universal service provider concerned for the purpose of collecting, receiving, sorting, delivering or conveying postal packets in connection with the provision of a universal postal service.
(4) A person commits an offence if, without reasonable excuse, he fails to comply with a notice given to him by the universal service provider concerned requiring him—
(a) to remove or efface any words, letters or marks which fall within subsection (1) or (2), or
(b) to remove or close up any letter box belonging to him or under his control which has ceased to be a universal postal service letter box.
(5) A person who commits an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
88 Obstruction of business of universal service providers.
(1) A person commits an offence if, without reasonable excuse, he—
(a) obstructs a person engaged in the business of a universal service provider in the execution of his duty in connection with the provision of a universal postal service, or
(b) obstructs, while in any universal postal service post office or related premises, the course of business of a universal service provider.
(2) A person who commits an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) A person commits an offence if, without reasonable excuse, he fails to leave a universal postal service post office or related premises when required to do so by a person who—
(a) is engaged in the business of a universal service provider, and
(b) reasonably suspects him of committing an offence under subsection (1).
(4) A person who commits an offence under subsection (3)—
(a) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale, and
(b) may be removed by any person engaged in the business of a universal service provider.
(5) Any constable shall on demand remove, or assist in removing, any such person.
(6) In this section “related premises” means any premises belonging to a universal postal service post office or used together with any such post office.
89 Schemes as to terms and conditions for provision of postal services.
(1) A postal operator may make a scheme under this section in relation to any or all of the postal services provided by the operator.
(2) A scheme under this section is a scheme for determining any or all of the following (so far as not otherwise agreed)—
(a) the charges which are to be imposed in respect of the services concerned, and
(b) the other terms and conditions which are to be applicable to the services concerned, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A scheme under this section may, in particular—
(a) adopt such system for the determination of the charges and other terms and conditions as the postal operator considers appropriate (including determining them himself subject to any conditions and limitations provided for in the scheme),
(b) specify the manner in which, time and place at which and person by whom the charges are to be paid.
(4) Subject to section 92(5) and (6), no provision may be made in any scheme under this section—
(a) for limiting the liability of the postal operator for loss or damage, or
(b) for amending the rules of law relating to evidence.
(5) A scheme under this section shall come into force on such day as is specified in the scheme; but no day earlier than the day after that on which the scheme has been published in the London, Edinburgh and Belfast Gazettes shall be so specified.
(6) A scheme under this section may—
(a) make different provision for different cases or classes of case determined by, or in accordance with, the provisions of the scheme,
(b) modify any previous scheme made under this section.
(7) Any charge payable by virtue of this section may be recovered by the postal operator and in England and Wales and Northern Ireland may be so recovered as a civil debt due to him.
(8) The production of a copy of any of the Gazettes mentioned in subsection (5) which purports to contain a scheme under this section shall be conclusive evidence in all legal proceedings of that scheme.
(1) A postal operator may not make a scheme under section 89 unless—
(a) the operator has notified OFCOM of the scheme that the operator is proposing to make, and
(b) the operator has carried out a consultation exercise in relation to the proposed scheme in accordance with requirements contained in a notification published by OFCOM.
(2) OFCOM may give a direction to a postal operator who has notified a scheme to them under subsection (1)(a) requiring the operator to make such modifications of the scheme as are specified in the direction.
(3) Before giving a direction under subsection (2), OFCOM must publish a notification—
(a) setting out the terms of the scheme that the operator proposes to make,
(b) stating that OFCOM are proposing to give a direction under subsection (2) modifying the scheme,
(c) setting out the effect of the proposed modification,
(d) giving reasons for making the proposed modification, and
(e) specifying the period within which representations may be made to them about the proposed modification.
(4) The specified period must be at least one month beginning with the day after the day the notification under subsection (3) is published.
(5) OFCOM may not give a direction under subsection (2) unless they have considered every representation and proposal made to them during the period specified in that notification.
(6) If the scheme is not in force at the time at which that notification is published, the operator may not bring the scheme into force until such time as OFCOM may direct.
(7) OFCOM must publish a notification of any direction that they make under subsection (2).
(8) The publication of a notification under this section must be in such manner as OFCOM consider appropriate for bringing its contents to the attention of such persons as they consider appropriate.
(9) An obligation imposed on a postal operator by a direction under subsection (2) is enforceable by OFCOM under Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements).
(A1) This section applies in relation to—
(a) the provision by a universal service provider of a universal postal service, and
(b) the provision by a postal operator of a service in relation to which a scheme under section 89 (made by the operator) applies.
(A2) In this section—
(a) “the operator” means the universal service provider or the postal operator concerned, and
(b) “the service” means the service mentioned in subsection (A1)(a) or (b) (as the case may be).
(1) No proceedings in tort shall lie or, in Scotland, be competent against the operator in respect of loss or damage suffered by any person in connection with the provision of the service because of—
(a) anything done or omitted to be done in relation to any postal packet in the course of transmission by post, or
(b) any omission to carry out arrangements for the collection of anything to be conveyed by post.
(2) No officer, servant, employee, agent or sub-contractor of the operator shall be subject, except at the suit or instance of the operator, to any civil liability for—
(a) any loss or damage in the case of which liability of the operator is excluded by subsection (1), or
(b) any loss of, or damage to, a postal packet to which section 91 applies.
(3) No person engaged in or about the conveyance of postal packets and no officer, servant, employee, agent or sub-contractor of any such person shall be subject, except at the suit or instance of the operator, to any civil liability for—
(a) any loss or damage in the case of which liability of the operator is excluded by subsection (1), or
(b) any loss of, or damage to, a postal packet to which section 91 applies.
(4) In the application of subsection (1) to Scotland, the reference to proceedings in tort shall be construed in the same way as in section 43(b) of the Crown Proceedings Act 1947.
(5) This section is subject to section 91.
(1) Proceedings shall lie or, in Scotland, be competent against a postal operator under this section, but not otherwise, in respect of relevant loss of, or relevant damage to, a postal packet in respect of which the operator accepts liability under this section in pursuance of a scheme made under section 89.
(2) The references in subsection (1) to relevant loss or damage are to loss or damage so far as it is due to any wrongful act of, or any neglect or default by, an officer, servant, employee, agent or sub-contractor of the postal operator while performing or purporting to perform in that capacity his functions in relation to the receipt, conveyance, delivery or other dealing with the packet.
(3) No proceedings shall lie or, in Scotland, be competent under this section in relation to a packet unless they are begun within the period of twelve months starting with the day on which the packet was posted.
(4) A postal operator shall not be liable under this section in respect of a packet of any description unless such conditions (if any) as are required by a scheme under section 89 to be complied with in relation to packets of that description at the time when they are posted have been complied with in the case of the packet.
(5) For the purposes of this section and section 92 a scheme under section 89 may define a description of packet by reference to any circumstances whatever (including, in particular, the amount of any fee paid in respect of the packet in pursuance of the scheme).
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to subsection (3), no relief or remedy shall be available under section 91 in relation to a packet except upon a claim by the sender or the addressee of the packet.
(2) The sender or addressee concerned shall be entitled—
(a) to claim any relief or remedy available under this section whether or not he is the person who has suffered the loss or damage, and
(b) to give a good discharge in respect of all claims under this section in respect of the packet concerned.
(3) Where the court is satisfied, on an application by a person who is not the sender or addressee of the packet, that the sender and the addressee are unable or unwilling to enforce their reliefs or remedies under this section, the court may, upon such terms as to security, caution, costs, expenses and otherwise as the court considers appropriate, allow that other person to bring proceedings under this section in the name of the sender or the addressee of the packet.
(4) Where, by virtue of subsection (2) or (3), a person recovers any money or property which, apart from that subsection, would have been recoverable by another person, the money or property so recovered shall be held on trust for that other person.
(5) The amount recoverable in any proceedings under section 91 in relation to a packet of any description shall not exceed—
(a) the market value of the packet at the time when the cause of action arises, or
(b) the maximum amount payable under a scheme made under section 89 for compensating the person aggrieved in respect of a packet of that description.
(6) For the purposes of subsection (5)(a) the market value of a packet shall not include the market value of—
(a) any message or information which it bears, or
(b) any item which, in relation to packets of that description, is excluded from the operation of this section by a scheme under section 89.
(7) For the purposes of any proceedings under section 91, it shall be presumed, unless the contrary is shown, that loss of, or damage to, the packet was due to such conduct as is mentioned in subsection (2) of that section.
(8) In this section—
“sender”, in relation to a packet, has such meaning as may be given to it by any provision of a scheme made under section 89 and relating to an inland packet to which section 91 applies,
and any reference in this section to the sender or addressee of a packet includes a reference to his personal representatives.
(1) The Secretary of State may by order modify sections 89 to 92.
(2) Before making an order under subsection (1), the Secretary of State shall consult OFCOM, Citizens Advice, Citizens Advice Scotland, Consumer Scotland, the GCCNI and such other persons as he considers appropriate.
94 Power to require carriage of mail-bags by ship or aircraft.
(1) A universal service provider may, for any purpose in connection with the provision of a universal postal service, require by notice the owner or operator of a relevant ship or aircraft to carry mail-bags in the ship or aircraft.
(2) In subsection (1) “relevant ship or aircraft” means any ship or aircraft which carries on regular communications between two places in the United Kingdom, one of which is not readily accessible by road.
(3) The remuneration for any services provided in pursuance of this section shall be determined—
(a) by agreement between the universal service provider and the owner or operator concerned, or
(b) in the absence of agreement, by the First-tier Tribunal or, where both places between which the ship or aircraft carries on regular communications are in Northern Ireland, by the Department for Regional Development in Northern Ireland.
Schedule 5 (which provides for the compulsory acquisition of land by universal service providers) and Schedule 6 (which makes other provision in relation to land) shall have effect.
(1) A universal service provider and a person who is engaged in the business of such a provider shall be entitled to the same immunity from prosecution for conduct in the provision of a universal postal service and falling within subsection (2) as the provider and that person would be entitled to if the provider were a government department.
(2) The following conduct falls within this subsection—
(a) possession of anything contained in a postal packet which is in the course of transmission by post where possession of it is prohibited by virtue of any enactment, and
(b) failure to comply, in relation to anything contained in a postal packet which is in the course of transmission by post, with any condition or restriction imposed by virtue of any enactment in relation to its possession, conveyance or delivery.
(1) No charge imposed by a harbour authority in respect of goods brought into, taken out of, or carried through a relevant harbour shall apply to goods contained in mail-bags—
(a) carried by a postal operator in connection with the provision of postal services,
(b) consigned by a postal operator in connection with the provision of postal services to another for carriage (whether to a foreign postal administration or not), or
(c) consigned by a foreign postal administration to a postal operator in connection with the provision of postal services for carriage.
(2) No charge imposed by a harbour authority in respect of goods brought into, taken out of, or carried through a relevant harbour shall apply to goods contained in mail-bags which—
(a) are consigned by one foreign postal administration to another, and
(b) are mail-bags which, when in the United Kingdom, are in the charge of a postal operator in connection with the provision of postal services.
(3) Charges which are exigible by a harbour authority at a relevant harbour in respect of mail-bags which are carried or consigned as mentioned in subsection (1) or (2) and their contents shall not be payable before the end of the period of eight weeks starting with the day on which the bags are brought within the limits of the harbour.
(4) Subsection (3) applies despite anything in any statutory provision made with respect to the harbour authority concerned.
(5) Such charges as are mentioned in subsection (3) may be recovered by means of proceedings instituted in that behalf in any court of competent jurisdiction; but not otherwise.
(6) In this section and section 98—
“harbour authority”—
except in relation to Northern Ireland, has the same meaning as in the Harbours Act 1964,
in relation to Northern Ireland, means any person in whom are vested, by any statutory provision, the powers or duties of improving, maintaining or managing a harbour,
“relevant harbour”, in relation to a harbour authority, means a harbour which, in the exercise and performance of statutory powers and duties, the harbour authority are engaged in improving, maintaining or managing, and
“statutory provision”—
except in relation to Northern Ireland, has the meaning given by section 57(1) of the Harbours Act 1964 (and, as regards Scotland, includes an Act of the Scottish Parliament and an instrument made under such an Act),
in relation to Northern Ireland, has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954.
(7) The reference in the definition of “relevant harbour” in subsection (6) to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed—
(a) except in relation to Northern Ireland, as if it were contained in the Harbours Act 1964, and
(b) in relation to Northern Ireland, as a reference to a harbour which is being improved, maintained or managed by a harbour authority—
(i) in the exercise of powers conferred by a statutory provision,
(ii) in the performance of duties imposed by a statutory provision, or
(iii) in the exercise and performance of powers conferred, and duties imposed, by a statutory provision.
98 Mail-bags not to be subject to control by harbour authorities.
Nothing in a statutory provision (whenever made) with respect to a harbour authority shall extend to regulate or subject to control mail-bags—
(a) carried by a postal operator in connection with the provision of postal services,
(b) consigned by a postal operator in connection with the provision of postal services to another for carriage (whether to a foreign postal administration or not),
(c) consigned by a foreign postal administration to a postal operator in connection with the provision of postal services for carriage, or
(d) consigned by one foreign postal administration to another and which, when in the United Kingdom, are in the charge of a postal operator in connection with the provision of postal services.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (5) applies where the postage chargeable by a postal operator in connection with the provision of postal services on a postal packet consisting of parliamentary proceedings has not been prepaid by the sender or has been insufficiently prepaid by him.
(5) No sum exceeding the amount of the postage or (as the case may be) the deficiency may be recovered by the postal operator (whether from the sender or the addressee).
(6) In this section “parliamentary proceedings” means proceedings of either House of Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.
101 Directions in interests of national security etc.
(1) The Secretary of State may give a direction to OFCOM in connection with the exercise of their functions relating to postal services if he considers it necessary or expedient to do so—
(a) in the interests of national security or in the interests of encouraging or maintaining the United Kingdom’s relations with another country or territory,
(b) in order—
(i) to discharge, or facilitate the discharge of, an international obligation,
(ii) to attain, or facilitate the attainment of, any other object which the Secretary of State considers it necessary or expedient to attain in view of Her Majesty’s Government in the United Kingdom being a member of an international organisation or a party to an international agreement, or
(iii) to enable Her Majesty’s Government in the United Kingdom to become a member of such an organisation or a party to such an agreement.
(2) Directions under subsection (1) may, in particular, require OFCOM—
(a) to do or not to do a particular thing, or
(b) to secure that a particular thing is done or not done.
(3) The Secretary of State may, if he considers it necessary or expedient to do so for any of the purposes mentioned in subsection (1)(a) or (b), give a direction (relating to the provision of postal services) to—
(a) a postal operator,
(b) a description of postal operators, or
(c) all postal operators.
(4) Directions under subsection (3) may, in particular, require a postal operator—
(a) to do or not to do a particular thing, or
(b) to secure that a particular thing is done or not done.
(5) Before giving a direction under subsection (1), the Secretary of State shall consult OFCOM.
(6) Before giving a direction under subsection (3) to a particular postal operator (as opposed to all postal operators or a description of them), the Secretary of State must consult the operator.
(7) The Secretary of State—
(a) shall send to OFCOM a copy of any direction given under subsection (3), and
(b) shall lay before each House of Parliament a copy of any direction given under this section.
(8) Subsection (7)(b) does not apply if the Secretary of State considers that the disclosure of the direction would be against the interests of national security or the interests of the United Kingdom’s relations with another country or territory or against the commercial interests of any person who has not consented to the disclosure.
(9) A person shall not disclose, and is not required by any enactment or otherwise to disclose, a direction given or other thing done or omitted to be done by virtue of this section if the Secretary of State notifies him that he considers that—
(a) disclosure would be against the interests of national security or the interests of the United Kingdom’s relations with another country or territory, or
(b) disclosure would be against the commercial interests of any person (other than the person notified) who has not consented to the disclosure.
(10) A person commits an offence if—
(a) without reasonable excuse he contravenes a direction under this section, or
(b) he makes a disclosure in contravention of subsection (9).
(11) A person who commits an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum,
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
(1) The Secretary of State may by order make a scheme for the making of payments for the purpose of—
(a) assisting in the provision of public post offices or public post offices of a particular description, or
(b) assisting in the provision of services to be provided from public post offices or public post offices of a particular description.
(2) A scheme under this section which provides for the making of payments for a purpose falling within subsection (1)(b) shall ensure that no such payments may be made unless the person deciding whether to make the payments considers that the provision of the services concerned from public post offices or public post offices of a particular description would assist in the provision of public post offices or (as the case may be) public post offices of that description.
(3) Payments under a scheme under this section shall be made by the Secretary of State or by another person out of money provided by the Secretary of State.
(4) A scheme under this section shall specify—
(a) the descriptions of payments which may be made under the scheme,
(b) the descriptions of persons to whom such payments may be made,
(c) the person by whom such payments may be made,
(d) criteria to which that person is to have regard in deciding whether to make such payments, and
(e) the amounts of such payments or the basis on which such amounts are to be calculated.
(5) A scheme under this section may, in particular, provide for—
(a) payments under the scheme to be made subject to conditions specified in or determined under the scheme (including conditions as to repayment),
(b) the delegation of functions exercisable by virtue of the scheme (including the delegation of any discretion conferred by virtue of the scheme),
(c) the modification of the functions of a body established by an enactment, or the functions of the holder of an office created by an enactment, for the purpose of enabling the person concerned to exercise any functions conferred on that person by virtue of the scheme,
(d) the payment by the Secretary of State of fees to any person in respect of functions exercised by that person by virtue of the scheme.
(6) The power to make a scheme under this section shall not be exercised without the consent of the Treasury.
(1) Subsection (2) applies to—
(a) a postal packet,
(b) anything contained in a postal packet, and
(c) a mail-bag containing a postal packet,
which is not the property of the Crown but which is in the course of transmission by post.
(2) Anything to which this subsection applies shall have the same immunity from—
(a) examination, or seizure or detention, under a relevant power conferred by virtue of this Act or any other enactment,
(b) seizure under distress or in execution,
(ba) in England and Wales, being taken control of under Schedule 12 to the Tribunals, Courts and Enforcement Act 2007,
(c) in Scotland, any diligence, and
(d) retention by virtue of a lien,
as it would have if it were the property of the Crown.
(3) In subsection (2) “relevant power” means any power other than—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ba) a power conferred by section 104A,
(c) a power conferred by an enactment relating to customs or excise in its application, by virtue of section 105 or any regulations made under that section, to goods contained in postal packets, ...
(d) a power conferred by section 106 or 107, ...
(e) a power conferred by paragraph 9 of Schedule 7 to the Terrorism Act 2000 (port and border controls).
, or
(f) a power conferred by paragraph 9 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security).
(4) The Secretary of State may by order modify subsection (3).
104A Power to detain packets in respect of unpaid or underpaid postage
(1) A postal operator—
(a) may detain any postal packet in respect of which there has been no payment, or an underpayment, for postage, and
(b) may impose a surcharge in respect of that non-payment or underpayment.
(2) A postal operator may detain the packet until the correct postage and any surcharge have been paid.
(3) OFCOM may give a direction to a postal operator—
(a) limiting the amount of any surcharge, and
(b) limiting the length of time for which a postal packet may be detained under subsection (2) (and, if a direction is given under this paragraph, that subsection has effect subject to the direction).
(4) Where a direction is given to an operator limiting the amount of a surcharge, subsection (2) has effect in relation to the operator (in any case where the surcharge would otherwise exceed the amount specified in the direction) as if the surcharge were equal to the amount specified in the direction.
(5) Before giving a direction to a postal operator under this section, OFCOM must—
(a) inform the operator that they propose to give it a direction, and
(b) allow the operator an opportunity to make representations about the proposal.
105 Application of customs and excise enactments to certain postal packets.
(1) Subject as follows, the enactments for the time being in force in relation to customs or excise apply in relation to—
(a) relevant goods brought into the United Kingdom from a place outside the United Kingdom by post as they apply in relation to goods otherwise imported into, or removed to, the United Kingdom;
(b) relevant goods sent from the United Kingdom to a place outside the United Kingdom by post as they apply in relation to goods otherwise exported or removed from the United Kingdom;
(c) relevant goods brought into Northern Ireland from Great Britain by post as they apply to goods otherwise removed to Northern Ireland from Great Britain.
(1A) For the purposes of subsection (1), goods are relevant if they are goods contained in postal packets to which this section applies.
(2) The Treasury, on the recommendation of the Commissioners of Customs and Excise and the Secretary of State, may make regulations for—
(a) specifying the postal packets to which this section applies,
(b) making modifications or exceptions in the application of the enactments mentioned in subsection (1) to such packets,
(c) enabling persons engaged in the business of a postal operator to perform for the purposes of those enactments and otherwise all or any of the duties of the importer, exporter or person removing the goods,
(d) carrying into effect any arrangement with the government or postal administration of any country or territory outside the United Kingdom with respect to foreign postal packets,
(e) securing the observance of the enactments mentioned in subsection (1),
(f) without prejudice to any liability of any person under those enactments, punishing any contravention of the regulations.
(3) Relevant duties or other charges payable in respect of postal packets to which this section applies (whether payable to a postal operator or to a foreign administration) may be recovered by the postal operator concerned and in England and Wales and Northern Ireland may be so recovered as a civil debt due to him.
(3A) The following are relevant duties—
(a) any duty (whether of customs or excise) charged on imported goods;
(b) customs duty charged under section 40A of the Taxation (Cross-border Trade) Act 2018 (customs duty on removal of goods to Northern Ireland from Great Britain);
(c) excise duty charged as a result of section 4 of the Taxation (Post-transition Period) Act 2020 (excise duty on the removal of goods to Northern Ireland from Great Britain).
(4) In any proceedings for the recovery of any charges payable as mentioned in subsection (3), a certificate of the postal operator concerned of the amount of the charges shall be evidence (and, in Scotland, sufficient evidence) of that fact.
(4A) A postal operator may detain a postal packet to which this section applies until any duties and charges in respect of the packet that are recoverable by virtue of subsection (3) have been paid.
(5) In this section “foreign postal packet” means any postal packet either posted in the United Kingdom and sent to a place outside the United Kingdom, or posted in a place outside the United Kingdom and sent to a place within the United Kingdom, or in transit through the United Kingdom to a place outside the United Kingdom.
(6) And in this section “ goods ” includes cash (within the meaning of section 289(6) and (7) of the Proceeds of Crime Act 2002).
(1) OFCOM may give a direction to a postal operator—
(a) limiting the amount of any handling charge, and
(b) limiting the length of time for which a postal packet may be detained under section 105(4A) (and, if a direction is given under this paragraph, that subsection has effect subject to the direction).
(2) Where a direction is given to an operator limiting the amount of a handling charge, section 105(3) to (4A) have effect in relation to the operator (in any case where the charge would otherwise exceed the amount specified in the direction) as if the charge were equal to the amount specified in the direction.
(3) Before giving a direction to a postal operator under this section, OFCOM must—
(a) inform the operator that they propose to give it a direction, and
(b) allow the operator an opportunity to make representations about the proposal.
(4) In this section “handling charge” means a charge payable to a postal operator, in respect of a postal packet, for the performance by the operator of all or any of the duties mentioned in section 105(2)(c).
106 Power to detain postal packets containing contraband.
(1) A postal operator may—
(a) detain any postal packet if he suspects that it may contain relevant goods,
(b) forward any packet so detained to the Commissioners of Customs and Excise.
(2) In this section “relevant goods” means—
(a) any goods chargeable with any duty charged on imported goods (whether a customs or an excise duty) which has not been paid or secured, or
(b) any goods in the course of importation, exportation or removal into or out of the United Kingdom contrary to any prohibition or restriction for the time being in force by virtue of any enactment.
(3) Subsection (1) is without prejudice to section 105.
(4) The Commissioners may open and examine any postal packet forwarded to them under this section in the presence of a representative of the postal operator.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If the Commissioners find any relevant goods on opening and examining a postal packet under this section, they may detain the packet and its contents for the purpose of taking proceedings in relation to them.
(7) If the Commissioners do not find any relevant goods on opening and examining a postal packet under this section, they shall—
(a) deliver the packet to the addressee upon his paying any postage and other sums chargeable on it, or
(b) ..., forward the packet to him by post.
(1) If a postal operator knows or reasonably suspects that a postal packet is being sent by post in contravention of section 85, he may—
(a) refuse the transmission of the packet,
(b) detain the packet and open it,
(c) subject to any requirements as to additional postage or charges, return the packet to its sender or forward it to its destination,
(d) destroy or otherwise dispose of the packet.
(2) Subsection (1) is without prejudice to any other powers which the postal operator may have in relation to the packet (whether under the terms and conditions applicable to its transmission by post or otherwise).
(3) The detention or disposal by a postal operator of any postal packet on the grounds of a contravention of section 85 or of any terms and conditions applicable to its transmission by post shall not exempt the sender from any proceedings which might have been taken if the packet had been delivered in due course of post.