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Post Office Act 1969

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Point in time view as at 19/11/1998.

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Part IIU.K. Adaptations of public general Enactments

Adaptations of Enactments relating to the PostU.K.

2(1)With reference to any point of time after the beginning of the appointed day, any reference in the provisions of the M1Post Office Act 1953 (hereafter in this paragraph referred to as the “principal Act”) specified in the following table to the Post Office (except in the expression “an officer of the Post Office”) shall be construed as referring to the authority, and any reference in those provisions to an officer of the Post Office shall be construed as referring to a person engaged in the business of the authority.

Table
ProvisionSubject-matter
F1. . .
Section 16Application of customs Acts to postal packets.
Section 22Issuing money orders with fraudulent intent.
Section 24Arrangements with other countries as to money orders.
Section 25Outward bound ships.
Section 26Inward bound ships and aircraft.
Section 27Owners’ letters.
Section 28Retention of postal packets after delivery of part thereof to Post Office.
Section 32Penalty for opening of mail-bag by master or commander of ship or aircraft.
[F2Section 33][F2Power to require provision of regular mail-trains.]
[F2Section 34][F2Additional provisions as to regular mail-trains.]
[F2Section 38][F2Conveyance of mail-bags by railway otherwise than as part of regular mail-train services.]
[F2Section 41][F2Offences relating to conveyance of mails by railway.]
[F2Section 42][F2Conveyance of mail-bags on ships usedby railway undertakers.]
Section 45Additional provisions as to conveyance of mail-bags by public service vehicles.
Section 53Unlawfully taking away or opening mail-bags.
Section 55Fraudulent retention of mail-bag or postal packet.
Section 57Stealing, embezzlement, destruction, &c., by officer of the Post Office of postal packet.
Section 58Opening or delaying of postal packets by officers of the Post Office.
Section 65Obstruction and molestation of officers of the Post Office.
Section 76Recovery of sums from officers of the Post Office.
Section 79Surrender of clothing by officer of the Post Office on ceasing to be officer.
Section 90Prosecution of offences in the Isle of Man.

(2)Section 8(3) of the principal Act (mode of dealing with packets posted in contravention of the Act or of regulations thereunder) shall, as from the appointed day, have effect as if, for the references to regulations made under the Act, there were substituted references to the provisions of a scheme made under section 28 of this Act and as if, for the reference to the Postmaster General, there were substituted a reference to the authority.

(3)As from the appointed day, section 11 of the principal Act (prohibition on sending by post certain articles) shall have effect as if,—

(a)in subsection (1)(a), for the reference to the Postmaster General, there were substituted a reference to the authority, and, for the reference to an officer of the Post Office, there were substituted a reference to a person engaged in the business of the authority; and

(b)in subsection (4), for the reference to detention in the Post Office, there were substituted a reference to detention by the authority and, for the reference to any regulations having effect by virtue of that section, there were substituted a reference to any provisions of a scheme made under section 28 of this Act.

(4)As from the appointed day, subsection (2) of section 16 of the principal Act (application of customs Acts to postal packets) shall have effect with the substitution, for the reference to the Postmaster General, of a reference to the Minister; but the Minister shall not make a recommendation under that subsection to the Treasury except after consultation with the authority.

(5)Duties [F3(whether of customs or excise) charged on imported goods] or other charges payable in respect of packets to which the said section 16 applies (whether payable to the authority or to any other postal administration) may be recovered by the authority in any court of competent jurisdiction as if they were simple contract debts, and, in any proceedings for the recovery of any charges so payable, a certificate of the authority of the amount thereof shall be evidence (and, in Scotland, sufficient evidence) of that fact.

In the application of this sub-paragraph to Scotland the words “as if they were simple contract debts” shall be omitted.

(6)As from the appointed day, section 17 of the principal Act (power to detain postal packets containing contraband) shall have effect with the substitution, for the reference to the Postmaster General, of a reference to the authority.

(7)As from the appointed day, section 19(1) and (2) of the principal Act (Post Office mark evidence of amount of postage, &c.) shall have effect as if references to the Post Office and the Postmaster General included references to the authority, and section 19(3) of that Act shall have effect as if, for the reference to a certificate signed by or on behalf of the Postmaster General, there were substituted a reference to a certificate of the authority.

(8)Section 21(3) of the principal Act (protection of bankers collecting postal orders) shall, as from the appointed day, have effect as if, after the words “Postmaster General”, there were inserted the words “or the authority established by section 6 of the Post Office Act 1969”.

(9)References in sections 22 and 23 of the principal Act (issuing money orders with fraudulent intent and forgery and stealing of money orders) to a money order shall, as from the appointed day, be construed as including references to a postal order.

(10)As from the appointed day, section 24 of the principal Act shall have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority, as if, for the words “money orders”, there were substituted the words “orders for the payment of money” and as if the words “and subject to any prescribed modifications”, the words “within the meaning of those sections” and the proviso were omitted.

[F4(11)References in sections 50 and 51 of the principal Act (extension of postal facilities and accommodation) to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.]

(12)With reference to any point of time after the beginning of the appointed day, the reference in section 56 of the principal Act (criminal diversion of letters from the addressee) to a person not in the employment of the Postmaster General shall be construed as referring to a person not engaged in the business of the authority.

(13)With reference to any point of time after the beginning of the appointed day, the reference in section 61 of the principal Act (prohibition of affixing placards, notices, &c., on post office letter boxes, &c.) to the Postmaster General shall be construed as referring to the authority.

(14)References in section 62 of the principal Act (prohibition of imitation of post office stamps, envelopes, forms and marks) and section 64 of that Act (prohibition of false notices as to reception of letters, &c.) to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.

(15)As from the appointed day, section 63 of the principal Act (prohibition of fictitious postage stamps) shall have effect as if, in subsection (1), for the words from the beginning to “prescribed”, there were substituted the words “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”.

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(17)As from the appointed day, section 72(1) of the principal Act (evidence of thing being a postal packet) shall have effect as if, for the reference to an article’s having been accepted on behalf of the Postmaster General for transmission by post, there were substituted a reference to its having been accepted on behalf of him or the authority for transmission by post.

(18)As from the appointed day, section 72(3) of the principal Act (application in certain proceedings of section 27(4) of the M2Theft Act 1968, and evidence of employment of a vessel, vehicle or aircraft by or under the Post Office for the transmission of postal packets under contract) shall have effect as if, for the reference to a vessel, vehicle or aircraft having been at any time employed by or under the Post Office, there were substituted a reference to its having been at any time employed by or under the Post Office or the authority.

(19)As from the appointed day section 78(1) of the principal Act (provisions as to post office letter boxes) shall have effect as if, for the reference to the Postmaster General, there were substituted a reference to the authority; and section 78(2) of that Act shall have effect as if the reference to a certificate signed by or on behalf of the Postmaster General included a reference to a certificate of the authority and, for the reference to the permission or authority of the Postmaster General, there were substituted a reference to the permission or authority of the Postmaster General or the authority.

(20)The reference in section 79(1) of the principal Act to the Postmaster General shall, as from the appointed day, be construed as referring to the authority.

(21)As from the appointed day, the definition of “parcel” in section 87(1) of the principal Act (interpretation) shall have effect as if, for the reference to regulations, there were substituted a reference to the provisions of a scheme made under section 28 of this Act.

(22)As from the appointed day, the definition of “post office letter box” in section 87(1) of the principal Act shall have effect as if, after the words “the Postmaster General”, in both places where they occur, there were inserted the words “or the authority established by section 6 of the Post Office Act 1969”.

(23)As from the appointed day, the reference, in the definition of “the purposes of the Post Office” in section 87(1) of the principal Act, to the execution of any duties for the time being undertaken by the Postmaster General or any of his officers shall be construed as including a reference to the exercise or performance of any powers or duties conferred or imposed by, or by virtue of, this Act on the authority; and any provision to which that definition is relevant (whether contained in the principal Act or any other Act) shall be construed accordingly.

(24)As from the appointed day, the reference in section 87(2)(b) of the principal Act (delivery of postal packet to an officer of the Post Office to be delivery to a post office) to delivery to an officer of the Post Office shall be construed as a reference to delivery to an officer of the Post Office or to a person engaged in the business of the authority.

(25)As from the appointed day, “postage”, in the principal Act, shall, unless the context otherwise requires, mean postage chargeable by the authority.

Textual Amendments

F2Entries in Sch. 4 para. 2(1) repealed (1.4.1994) by 1993 c. 43, ss. 152(3), Sch. 14; S.I. 1994/571, art. 5

Modifications etc. (not altering text)

C1The text of Sch. 4 paras. 2(8)(10)(15)(22), 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

3As from the appointed day, section 1 of the M3Recorded Delivery Service Act 1962 shall have effect as if the reference in subsection (6) thereof (which provides that that section is not to be construed as authorising the sending by that service of anything which, under the M4Post Office Act 1953 or any instrument thereunder, is not allowed to be so sent) to any instrument under the Post Office Act 1953 included a reference to a scheme under section 28 of this Act, and section 1 of the M5Recorded Delivery Service Act (Northern Ireland) 1963 shall have effect as if the reference in subsection (5) thereof to such an instrument included a reference to such a scheme.

Adaptations of Enactments relating to TelegraphsU.K.

4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

5, 6.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Adaptations of Enactments relating to the Supply of ElectricityU.K.

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

[F1211U.K.As from the appointed day, references to a private generating station in section 11 of the M6Electricity (Supply) Act 1919 (restrictions on the establishment of new generating stations) shall be construed as including references to a generating station (within the meaning of that Act) for the generation of electricity for use wholly or mainly for the purposes of the authority’s undertaking.]

Textual Amendments

Marginal Citations

12, 13U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F13Sch. 4 paras. 12, 13 repealed by Electricity (Northern Ireland) Order 1972 and S.I. 1972/1072 (N.I. 9), Sch. 7

Adaptations of other EnactmentsU.K.

14U.K.As from the appointed day section 11 of the M7Juries Act 1862 F14. . .(summoning of jurors by post) shall F14. . .have effect as if, for the words from “under such regulations” to the words “the postmaster shall” there were substituted the words “the postmaster, upon receipt of the fee (if any) exigible for so doing, shall”.

Textual Amendments

Modifications etc. (not altering text)

C2The text of Sch. 4 paras. 2(8)(10)(15)(22), 14 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

15U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

16—19.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

20U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

21(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18, as from the appointed day, any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 office belonging to, or occupied by, the authority shall be a prohibited place for the purposes of that Act.

(2)Section 5 of the M8Official Secrets Act 1920 shall not apply to the authority; and, as from the appointed day, the reference in subsection (6) of that section to the Postmaster General shall be construed as referring to the authority.

22U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

26U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

27The reference to the Postmaster General in section 79(3) of the M9Land Registration Act 1925 (return to the Chief Land Registrar of letters marked outside “Her Majesty’s Land Registry” and addressed to persons who cannot be found) shall, as from the appointed day, be construed as referring to the authority.

Modifications etc. (not altering text)

C3The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

28, 29.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

30U.K.As from the appointed day, section 2(2)(e) of the M10Execution of Diligence (Scotland) Act 1926 (execution of arrestment or charge by registered letter) shall have effect as if, for the words from “Postmaster” to “1908”, there were substituted the words “Post Office in pursuance of any provision contained in a scheme made under section 28 of the Post Office Act 1969”.

Modifications etc. (not altering text)

C4The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

31U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

32U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

33(1)As from the appointed day, references to the Postmaster General in subsections (1) and (2) of section 2 of the M11Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 (conveyance of mails by public service vehicles) shall be construed as referring to the authority.

(2)As from the appointed day, references to an officer of the Post Office in the said subsection (1) shall be construed as referring to a person engaged in the business of the authority.

Modifications etc. (not altering text)

C5The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

34U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

35U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F29Sch. 4 para. 35 repealed by Solicitors (Northern Ireland) Order 1976 and S.I. 1976/582 (N.I. 12), Sch. 3

36(1)As from the appointed day, the authority shall be deemed to be public utility undertakers and its undertaking a public utility undertaking for the purposes of the provisions of the M12Civil Defence Act 1939, F30

(2)As from the appointed day, in the M13said Act of 1939 the expression “the appropriate department” shall, in relation to the authority, mean the Minister.

Textual Amendments

Marginal Citations

37U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

38U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

39, 40.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

F3441U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

Textual Amendments

45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

47U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

48U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

49U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

50U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

F4451U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

52U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F45Sch. 4 para. 52 repealed by Drainage (Northern Ireland) Order 1973 and S.I. 1973/69 (N.I. 1), Sch. 10

53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

54As from the appointed day, references in section 6 of the M14Local Government (Miscellaneous Provisions) Act 1953 (supplementary provisions as to omnibus shelters, &c.) to the Postmaster General shall be construed as referring to the authority.

Modifications etc. (not altering text)

C6The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

55U.K.As from the appointed day, the reference to the Post Office in section 12(3)(b) of the M15Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.

Modifications etc. (not altering text)

C7The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

F4756U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

57U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

58U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

59(1)Where any work proposed to be done on or after the appointed day by [F50the Northern Ireland Housing Executive] in pursuance of a clearance or demolition order or a re-development scheme made by them under [F51the M16Housing (Northern Ireland) Order 1981] involves, or is likely to involve, an alteration in a telegraphic line belonging to, or used by, the authority, paragraphs (1) to (8) of section 7 of the M17Telegraph Act 1878 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to [F50the Northern Ireland Housing Executive].U.K.

(2)Where, in pursuance of an order under section 22 of the Housing of the M18Working Classes Act 1890, section 14 of the M19Housing Act (Northern Ireland) 1961, [F52Article 51 of the Housing (Northern Ireland) Order 1981] or section 25 of the M20New Towns Act (Northern Ireland) 1965, that comes into operation on or after the appointed day, a public right of way over land is extinguished and, immediately before the day on which the order comes into operation, there is under, in, on, over, along or across the land a telegraphic line of the authority’s, the authority shall have the same powers in respect of the line as if the order had not come into operation; but, if a person entitled to land over which the right of way subsisted requires that the line should be altered, paragraphs (1) to (8) of the said section 7 shall apply to the alteration and accordingly shall have effect, subject to any necessary modifications, as if references therein to undertakers included references to the person by whom the alteration is required.

(3)In this paragraph F53telegraphic line” and “alteration” have the same meanings as in the M21Telegraph Act 1878.

Textual Amendments

F50Words substituted by virtue of S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

F53Words repealed by S.R. & O. (N.I.) 1973/256, art. 3, Sch. 2

Marginal Citations

60U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

Textual Amendments

61U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

62—64.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

66U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

[F5967U.K.As from the appointed day, section 7(1) of the M22Payment of Wages Act 1960 (interpretation) shall have effect as if, for the definitions of “money order” and “postal order”, there were substituted the following definitions:—

money order” means a money order issued by the Postmaster General or the Post Office and “postal order” means a postal order so issued.]

Textual Amendments

Marginal Citations

68U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

69U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

70U.K.As from the appointed day, Schedule 4 to the M23Public Health Act 1961 (which specifies, in relation to buildings of certain descriptions, the persons who are to be appropriate authorities for the purposes of the provisions of that Act relating to the attachment of street lights to buildings) shall have effect as if the following were added at the end thereof:—

A building owned by the Post OfficeThe Minister of Posts and Telecommunications.

Modifications etc. (not altering text)

C8The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

71U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

72U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

73U.K.As from the appointed day, the references to the Postmaster General in section 53 of the M24Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.

Modifications etc. (not altering text)

C9The text of Sch. 4 paras. 27, 30, 33, 54, 55, 56, 73, Sch. 5 para. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

74U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

75U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

Textual Amendments

76U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

[F6777U.K.As from the appointed day, the reference in section 1(4) of the M25Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.]

Textual Amendments

Modifications etc. (not altering text)

C10The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

78U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

79U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

[F7080U.K.As from the appointed day, the Schedule to the M26Building Control Act 1966 (which specifies bodies in the case of which work carried out by them is exempt from control under that Act) shall have effect as if, at the end thereof, there were added a reference to the authority.]

Textual Amendments

Modifications etc. (not altering text)

C11The text of Sch. 4 paras. 77, 80 and 82 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

81U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

F7282U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72Sch. 4 para. 82 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Gp. 2.

83(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(3)In the proviso to section [F74[F7533(4) of the M27Housing (Scotland) Act 1974]][F75paragraph 9(4) of Schedule 8 to the Housing (Scotland) Act 1987], the expression “apparatus” shall, in relation to the authority, be construed generally and shall not be limited by the definition thereof in section 208(1) of [F76the M28Housing (Scotland) Act 1966]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

F7884U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78Sch. 4 para. 84 repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

85U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

86U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

87U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

88U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

89U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

90U.K.As from the appointed day, the authority shall be deemed to be a public utility undertaking for the purposes of section 1 of the M29Local Government and Roads Act (Northern Ireland) 1968.

Marginal Citations

F8491U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84Sch. 4 para. 91 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Gp. 1

F8592U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85Sch. 4 para. 92 repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

93(1)The authority shall be deemed to be statutory undertakers and its undertaking a statutory undertaking for the purposes of the following enactments, namely,—

(i)–(iv)F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the M30Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(vi)F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii)section 4 of the M31Requisitioned Land and War Works Act 1948;

[F88(viii)the M32Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the M33Roads (Northern Ireland) Order 1980]

(ix)F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)the National Parks and Access to the M34Countryside Act 1949;

(xi)the M35Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(xii)the M36Landlord and Tenant Act 1954;

(xiii)F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiv)section 39(6)(b) of the M37Opencast Coal Act 1958;

(xv ) (xvi)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii)section 11 of the M38Land Compensation Act 1961;

(xviii)section 3(4) of the M39Flood Prevention (Scotland) Act 1961;

(xix)F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xx)the M40Pipe-lines Act 1962;

(xxi)section 18 of the M41Land Compensation (Scotland) Act 1963;

(xxii)Schedules 3 F93 to the M42Harbours Act 1964;

(xxiii)Schedule 6 to the M43Gas Act 1965;

[F94(xxiv)section 10(4) of the Highlands and Islands Development (Scotland) Act 1965;]

(xxv)the [F95New Towns Act 1981]

(xxvi)F96. . .

(xxvii)sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M44Countryside (Scotland) Act 1967;

(xxviii)the M45New Towns (Scotland) Act 1968;

(xxix)F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxx)section 22 of the M46Sewerage (Scotland) Act 1968;

(xxxi )F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxii )F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100

F101(xxxiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F102(xxxv)Section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

F103. . ..

(2)In the following enactments, namely,—

(a )F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the M47Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(d )F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e )F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f )F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g )F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h ),(i)F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)the M48Pipe-lines Act 1962;

(k)Schedules 3 F93 to the M49Harbours Act 1964;

(l )–(p)F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q )F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r )F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s), (t)

F114the appropriate Minister” shall, in relation to the authority, mean the Minister.

F115(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In the following enactments, namely,—

(a )F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c )F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 13 of the M50Pipe-lines Act 1962;

(e)the [F95New Towns Act 1981]

F119(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the M51New Towns (Scotland) Act 1968;

(h)

F118(i )F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

F122(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

operational land” shall, in relation to the authority, mean land of its of any such class as may be specified in regulations made jointly by the Minister and the Minister of Housing and Local Government by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament); and—act checked this far

(i)the definition of a class of land for the purposes of regulations made under this sub-paragraph may be framed by reference to any circumstances whatsoever; and

(ii)if any question arises whether land of the authority’s falls within a class specified in regulations so made, it shall be determined by the Minister.

In the application of this sub-paragraph to Scotland, for the reference to the Minister of Housing and Local Government there shall be substituted a reference to the Secretary of State.

(5)This paragraph shall come into operation on the appointed day.

Textual Amendments

F96Sch. 4 para. 93(1)(xxvi) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F101Sch. 4 para. 93(1)(xxxiv) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F103Words in Sch. 4 para. 93(1) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F105Para. 93(2)(b) (specifying Acquisition of Land (Authorisation Procedure) Act 1946) repealed by virtue of Acquisition of Land Act 1981 (c. 67), Sch. 6 Pt. I (expressed as repealing sub-para. (2)(iv) in para. 93)

F115Sch. 4 para. 93(3) repealed (U.K. & Isle of Man)(19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F119Sch. 4 para. 93(4)(f) repealed (U.K. & Isle of Man) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 2

F122Sch. 4 para. 93(4)(k) repealed (U.K.)(27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Modifications etc. (not altering text)

C12Functions of Minister of Housing and Local Government now exercisable by Secretary of State: S.I. 1970/1681, art. 2

Marginal Citations

94U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

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