SCHEDULES

Sections 6, 43, 88.

SCHEDULE 1U.K. Incidental Provisions with respect to the Post Office and the Members thereof

StatusU.K.

1U.K.The Post Office shall be a body corporate having perpetual succession and a common seal.

MembersU.K.

2(1)A member of the Post Office shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.U.K.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3)A member may at any time by notice in writing to the Minister resign his office.

3(1)Before appointing a person to be a member of the Post Office the Minister shall satisfy himself that that person will have no such financial or other interest as is likely to affect prejudicially the exercise and performance by him of his functions as a member of the Post Office, and the Minister shall also satisfy himself from time to time with respect to every member of the Post Office that he has no such interest; and a person who is, or whom the Minister proposes to appoint to be, a member of the Post Office shall, whenever requested by the Minister so to do, furnish to him such information as the Minister considers necessary for the performance by the Minister of his duties under this paragraph.U.K.

(2)A member of the Post Office who is in any way directly or indirectly interested in a contract made or proposed to be made by the Post Office, or in a contract made or proposed to be made by a subsidiary of the Post Office which is brought up for consideration by the Post Office, shall disclose the nature of his interest at a meeting of the Post Office; and the disclosure shall be recorded in the minutes of the Post Office, and the member shall not take any part in any deliberation or decision of the Post Office with respect to that contract.

(3)For the purposes of the last foregoing sub-paragraph, a general notice given at a meeting of the Post Office by a member thereof to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm, shall be regarded as a sufficient disclosure of his interest in relation to any contract so made or proposed to be so made.

(4)A member of the Post Office need not attend in person at a meeting of the Post Office in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.

4(1)The Post Office—U.K.

(a)shall pay to the members thereof such salaries or fees, and such allowances, as the Minister may determine; and

(b)as regards any member in whose case the Minister may so determine, shall pay such pension, allowance or gratuity to or in respect of him or make such payments towards the provision of such a pension, allowance or gratuity as may be so determined;

and, if a person ceases to be a member of the Post Office and it appears to the Minister that there are special circumstances which make it right that that person should receive compensation, the Minister may require the Post Office to pay to that person a sum of such amount as the Minister may determine.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3)The approval of [F3the Treasury] shall be requisite to a determination under this paragraph by the Minister and to the imposition thereunder by him of a requirement.

5(1)If the Minister is satisfied that a member of the Post Office—U.K.

(a)has been absent from meetings of the Post Office for a period longer than three consecutive months without the permission of the Post Office; or

(b)has become bankrupt or made an arrangement with his creditors; or

(c)is incapacitated by physical or mental illness; or

(d)is otherwise unable or unfit to discharge the functions of a member;

the Minister may declare his office as a member of the Post Office to be vacant, and shall notify the fact in such manner as the Minister thinks fit; and thereupon the office shall become vacant.

(2)In the application of this paragraph to Scotland, for the references in head (b) of sub-paragraph (1) to a member’s having become bankrupt and to a member’s having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member’s estate having been awarded and to a member’s having made a trust deed for behoof of his creditors or a composition contract.

6U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

ProceedingsU.K.

7U.K.The validity of any proceedings of the Post Office shall not be affected by a vacancy amongst the members thereof or by a defect in the appointment of a member.

8U.K.The quorum of the Post Office shall be three; and, while a member is disqualified from taking part in a decision or deliberation of the Post Office with respect to a matter, he shall be disregarded for the purpose of constituting a quorum of the Post Office for deciding, or deliberating on, that matter.

9U.K.Subject to the foregoing provisions of this Schedule, the Post Office shall have power to regulate its own procedure.

StaffU.K.

10U.K.The Post Office shall appoint a secretary of the Post Office and may appoint such other officers and such servants as it may determine.

11(1)Except so far as the Post Office is satisfied that adequate machinery exists for achieving the purposes of this paragraph, being machinery for operation at national level or local level or a level falling between those levels and appearing to the Post Office to be appropriate, it shall be the duty of the Post Office to seek consultation with any organisation appearing to it to be appropriate with a view to the conclusion between it and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for—U.K.

(a)the settlement by negotiation of terms and conditions of employment of persons employed by the Post Office, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;

(b)the promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the Post Office of its activities, including in particular, the promotion and encouragement of the training of persons employed by the Post Office; and

(c)the promotion and encouragement of measures affecting the safety, health and welfare of persons so employed.

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4)Nothing in this paragraph shall be construed as prohibiting the Post Office from taking part together with other employers or organisations of employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment and the promotion and encouragement of measures affecting efficiency in the carrying on of their activities and the promotion and encouragement of measures affecting the safety, health and welfare of persons employed by them.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

12(1)Except with the Minister’s consent, the Post Office shall not terminate on security grounds the employment of a person employed by it.U.K.

(2)In this paragraph, “security grounds” means grounds which are grounds for dismissal from the civil service of Her Majesty in accordance with any arrangements for the time being in force relating to dismissals from that service for reasons of national security.

Fixing of Seal and Proof of InstrumentsU.K.

13U.K.The fixing of the seal of the Post Office shall be authenticated by the signature of the secretary of the Post Office or of some other person authorised, either generally or specially, by the Post Office to act for that purpose.

14U.K.A certificate signed by the secretary of the Post Office that an instrument purporting to be made or issued by or on behalf of the Post Office was so made or issued shall be conclusive evidence of that fact.

15U.K.Every document purporting to be an instrument made or issued by or on behalf of the Post Office and to be duly executed under the seal of the Post Office, or to be signed or executed by the secretary of the Post Office or a person authorised by the Post Office to act in that behalf shall be received in evidence and deemed, without further proof, to be so made or issued unless the contrary is shown.

Sections 41, 88.

SCHEDULE 2U.K. Classes of Assets to be held by the Post Office to match its Debts to its banking Customers

Part IU.K. Classes of Assets to be held to match a Proportion, determined under Section 41 of this Act, of Debts

1Cash.

2Money held on current account by other bankers on behalf of the Post Office in its capacity as the provider, in exercise of the power conferred on it by virtue of section 7(1)(b) of this Act, of a banking service.

3Loans repayable either on demand or not later than the expiration of the period of fourteen days beginning with the day next following that on which notice is given to the borrower requiring repayment, being loans in the case of each of which the following condition is satisfied on each day on which it is outstanding, that is to say, that it is secured on one or more of the following, namely,—

(a)Treasury bills and bills of Her Majesty’s Government in Northern Ireland;

(b)accepted and transferable bills of exchange payable at a fixed period after date or sight expiring before the end of the fifth anniversary of that day;

(c)marketable fixed interest securities issued by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of that anniversary;

(d)marketable fixed interest securities in the case of which the payment of interest thereon is guaranteed by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of that anniversary.

4Loans of either of the kinds mentioned in paragraph 9 of Part II of Schedule 1 to the M1Trustee Investments Act 1961, being loans repayable as mentioned in the last foregoing paragraph.

5Treasury bills payable not more than ninety-one days from date and bills of Her Majesty’s Government in Northern Ireland so payable.

6Assets of such other class as may from time to time be designated for the purposes of this Part of this Schedule by the Post Office with the approval of the Treasury.

Part IIU.K. Classes of Assets to be held to match the Residue of Debts

7Cash.

8Money held as mentioned in paragraph 2 above.

9Loans of the class specified in paragraph 3 above.

10Loans of the class specified in paragraph 4 above.

11Treasury bills and bills of Her Majesty’s Government in Northern Ireland.

12Assets of a class for the time being designated under paragraph 6 above.

13Marketable fixed interest securities issued by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.

14Marketable fixed interest securities in the case of which the payment of interest thereon is guaranteed by Her Majesty’s Government in the United Kingdom, Her Majesty’s Government in Northern Ireland or the Government of the Isle of Man, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.

15Loans of either of the kinds mentioned in paragraph 9 of Part II of Schedule 1 to the M2Trustee Investments Act 1961, being loans made on terms that they will, without any demands’ being made, or notices’ being given, by the persons entitled to repayment, be repaid before the end of the fifth anniversary of the day on which they are made.

16Securities of the kind mentioned in the said paragraph 9, being securities redeemable (otherwise than at the option of the issuer thereof) before the end of the fifth anniversary of the day on which the Post Office acquires them.

17Assets of such other class as may from time to time be designated for the purposes of this Part of this Schedule by the Post Office with the approval of the Treasury.

Section 56.

SCHEDULE 3U.K. Modifications of Schedules 5 and 6 to the M3Roads Act (Northern Ireland) 1948 for the Purposes of Orders made under Section 56 of this Act

1For any reference in Schedule 5 to the Roads Act (Northern Ireland) 1948 to an authority or a local authority or to the functions of a local authority as a road authority there shall be substituted a reference to the Post Office or to the functions of the Post Office as the case may require.

2For any reference in Schedules 5 and 6 to the said Act of 1948 to the Ministry within the meaning of that Act there shall be substituted a reference to the Minister.

3(1)Paragraph 2(2) of the said Schedule 5 shall be omitted.

(2)In paragraph 2(3)(c) of the said Schedule 5, after the word “served”, there shall be inserted the words “by post by means of the recorded delivery service”.

4For any reference in the said Schedules to the said Act of 1948 there shall be substituted a reference to this Act.

5(1)For the purposes of a vesting order in respect of an estate in land, being an estate less than a fee simple, the said Schedule 5 shall have effect with such modifications as may be necessary to enable such an estate to be acquired by means of the vesting order and to enable compensation in respect thereof to be duly paid or discharged and (without prejudice to the generality of the foregoing provisions) shall have effect as if for the words in paragraph 5 of the said Schedule 5 from “A vesting order” to “under this Schedule” there were substituted the following words— “ A vesting order shall operate, without further assurance, to vest in the Post Office, as from the date on which the vesting order becomes operative (in this Schedule referred to as “the date of vesting”), all such estates in, to or over the land to which the order relates as are specified in the order, freed and discharged from all the estates of any other person whosoever therein except in so far as is otherwise expressly provided in the order, and the rights and claims of any such other person in respect of an estate so vested shall, as from the date of vesting be transferred and attached, to the extent to which compensation may be payable in accordance with this Schedule, to the funds of the Post Office (in this Schedule referred to as “the compensation fund”) and shall be discharged by payments made by the Post Office ”.

(2)In the said paragraph 5, for the words from “be the date” onwards there shall be substituted the words “be the date on which the vesting order becomes operative or the date of the lodgment of the vesting order with the registering authority under that Act, whichever is the later”.

6In paragraph 10 of the said Schedule 5, for the words from “signed” to the end of head (b), there shall be substituted the words “signed by such person as may be designated for the purposes of this Schedule by the Post Office”.

Sections 76, 88, 139.

SCHEDULE 4U.K. Adaptations of Enactments and Orders in Council consequential on the Assumption by the new Authority for the Conduct of postal and telegraphic Business of Functions exercised and performed before the appointed Day by the Postmaster General

Part IU.K. Interpretation

1U.K.In this Schedule “the authority” means the authority established by section 6 of this Act.

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 M4Post 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.

(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 [F8(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.

[F9(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(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 M5Theft 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.

3As from the appointed day, section 1 of the M6Recorded 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 M7Post 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 M8Recorded 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

5, 6.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

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

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

[F1711U.K.As from the appointed day, references to a private generating station in section 11 of the M9Electricity (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.]

12, 13U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Adaptations of other EnactmentsU.K.

14U.K.As from the appointed day section 11 of the M10Juries Act 1862 F19. . .(summoning of jurors by post) shall F19. . .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”.

15U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

16—19.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

20U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

21(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23, as from the appointed day, any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 office belonging to, or occupied by, the authority shall be a prohibited place for the purposes of that Act.

(2)Section 5 of the M11Official 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

26U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

27The reference to the Postmaster General in section 79(3) of the M12Land 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.

28, 29.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

30U.K.As from the appointed day, section 2(2)(e) of the M13Execution 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”.

31U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

32U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

33(1)As from the appointed day, references to the Postmaster General in subsections (1) and (2) of section 2 of the M14Motor 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.

34U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

35U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

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 M15Civil Defence Act 1939, F35

(2)As from the appointed day, in the M16said Act of 1939 the expression “the appropriate department” shall, in relation to the authority, mean the Minister.

37U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

38U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

39, 40.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

41As from the appointed day, references to Post Office business in proviso (ii) to section 19 (Sunday employment) and in section 33 (application to Post Office business) of the M17Shops Act (Northern Ireland) 1946 shall be construed as referring to business of any of the kinds that the authority carry on.

42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

47U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

48U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

49U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

50U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

F4851U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

54As from the appointed day, references in section 6 of the M18Local Government (Miscellaneous Provisions) Act 1953 (supplementary provisions as to omnibus shelters, &c.) to the Postmaster General shall be construed as referring to the authority.

55U.K.As from the appointed day, the reference to the Post Office in section 12(3)(b) of the M19Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.

F5156U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

58U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

59(1)Where any work proposed to be done on or after the appointed day by [F54the Northern Ireland Housing Executive] in pursuance of a clearance or demolition order or a re-development scheme made by them under [F55the M20Housing (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 M21Telegraph 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 [F54the Northern Ireland Housing Executive].U.K.

(2)Where, in pursuance of an order under section 22 of the Housing of the M22Working Classes Act 1890, section 14 of the M23Housing Act (Northern Ireland) 1961, [F56Article 51 of the Housing (Northern Ireland) Order 1981] or section 25 of the M24New 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 F57“telegraphic line” and “alteration” have the same meanings as in the M25Telegraph Act 1878.

60U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

61U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

62—64.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

66U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

[F6367U.K.As from the appointed day, section 7(1) of the M26Payment 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”.]

68U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

69U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

70U.K.As from the appointed day, Schedule 4 to the M27Public 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:—

71U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

72U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

73U.K.As from the appointed day, the references to the Postmaster General in section 53 of the M28Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.

74U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

75U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

76U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

[F7177U.K.As from the appointed day, the reference in section 1(4) of the M29Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.]

78U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

79U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

[F7480U.K.As from the appointed day, the Schedule to the M30Building 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.]

81U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

F7682U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

(3)In the proviso to section [F78[F7933(4) of the M31Housing (Scotland) Act 1974]][F79paragraph 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 [F80the M32Housing (Scotland) Act 1966]

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

84As from the appointed day, paragraph 45(e) of Schedule 4 to the M33Land Commission Act 1967 shall have effect as if the reference to expenditure which has been or is to be met directly or indirectly by a government department did not include expenditure incurred by the Postmaster General in relation to land in the case of which an interest therein vests in the Post Office by virtue of section 16 of this Act.

85U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

86U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

87U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

88U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

89U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

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 M34Local Government and Roads Act (Northern Ireland) 1968.

F8791U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

92(1)As from the appointed day, [F88section 212(1) of the M35Town and Country Planning (Scotland) Act 1972] shall, in relation to the authority, have effect with the substitution, for the reference to [F88section 211 of that Act], of a reference to paragraph 93(4) below.

(2)[F88The said section 212] shall not apply to land in the case of which an interest therein of the Postmaster General vests in the authority by virtue of section 16 of this Act.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

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)F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the M36Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(vi)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii)section 4 of the M37Requisitioned Land and War Works Act 1948;

[F92(viii)the M38Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the M39Roads (Northern Ireland) Order 1980]

(ix)F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)the National Parks and Access to the M40Countryside Act 1949;

(xi)the M41Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951;

(xii)the M42Landlord and Tenant Act 1954;

(xiii)F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xiv)section 39(6)(b) of the M43Opencast Coal Act 1958;

(xv ) (xvi)F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii)section 11 of the M44Land Compensation Act 1961;

(xviii)section 3(4) of the M45Flood Prevention (Scotland) Act 1961;

(xix)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xx)the M46Pipe-lines Act 1962;

(xxi)section 18 of the M47Land Compensation (Scotland) Act 1963;

(xxii)Schedules 3 F97 to the M48Harbours Act 1964;

(xxiii)Schedule 6 to the M49Gas Act 1965;

[F98(xxiv)section 10(4) of the Highlands and Islands Development (Scotland) Act 1965;]

(xxv)the [F99New Towns Act 1981]

(xxvi)sections 14(2), 15(2), 35(3), 58 and 89(6) of the M50Land Commission Act 1967;

(xxvii)sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M51Countryside (Scotland) Act 1967;

(xxviii)the M52New Towns (Scotland) Act 1968;

(xxix)F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxx)section 22 of the M53Sewerage (Scotland) Act 1968;

(xxxi )F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxii )F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103

[F104(xxxiv)sections 19, 37, 45, 46, 108(2), 117, 118, 119, 138, 154(3), 170, 171, 172, 175, 181, 195(6), 199(2), 202(3), 205, [F105205A] 212, 214 to 230, 233(7), 242 and 266(6)(b) of, and Schedules 8 and 9, paragraphs 1 to 3 of Schedule 17, and Schedule 18 to, the M54Town and Country Planning (Scotland) Act 1972]

[F106(xxxv)Section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

[F107Subject to this exception, namely, that in relation to Scotland it shall not be so deemed for the purposes of section 271 of the Town and Country Planning Act 1990, as applied by section 13 of the Opencast Coal Act 1958].

(2)In the following enactments, namely,—

(a )F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the M55Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(d )F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e )F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f )F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g )F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h ),(i)F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)the M56Pipe-lines Act 1962;

(k)Schedules 3 F97 to the M57Harbours Act 1964;

(l )–(p)F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q )F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r )F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s), (t)

F118“the appropriate Minister” shall, in relation to the authority, mean the Minister.

(3)The M58Land Commission Act 1967 shall have effect as if, in subsection (3) of section 58 thereof in its application to the authority, for the words from “the Minister who” to the end of the subsection, and in subsection (6) of section 89 thereof, in its application to the authority, for the words from “the appropriate Minister” to the end of the subsection, there were substituted the words “the Minister of Posts and Telecommunications”.

(4)In the following enactments, namely,—

(a )F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c )F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 13 of the M59Pipe-lines Act 1962;

(e)the [F99New Towns Act 1981]

(f)section 58 of the M60Land Commission Act 1967;

(g)the M61New Towns (Scotland) Act 1968;

(h)

F121(i )F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

[F124(k)sections 138 (3), 154(3) and 214 to 230 of, a F122nd Schedule 8 to, the M62Town and Country Planning (Scotland) Act 1972];

“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.

94U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125

Part IIIU.K. Adaptations of local Enactments

95U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126

96(1)Nothing in—U.K.

(a)the London Building Acts 1930 to 1939 or byelaws thereunder; or

(b)a special enactment passed or made before the appointed day (including such an enactment relating to Scotland or Northern Ireland) for purposes similar to those of an enactment contained in Part V or VII of the M63Highways Act 1959 (except sections 136 to 138);

shall affect any powers of the authority under the enactments relating to telegraphs or apply to any telegraphic lines placed or maintained by the Postmaster General or the authority by virtue of those enactments.

(2)In this paragraph, “special enactment” has the same meaning as in the M64Highways Act 1959.

97U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

98U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128

99U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

100A benefit conferred on the Postmaster General by a provision of a local Act passed in the same session as this Act or a previous session or of an order confirmed by an Act so passed consisting in securing that a power conferred by the Act or order to acquire land compulsorily, to secure compulsorily the creation of an easement or other right over land or to execute works on, under or over land shall not, except with his consent or agreement, be exercisable in relation to land specified or described in that provision shall, as from the appointed day, enure for the benefit of the authority.

101, 102.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

Part IVU.K. Adaptation of Orders in Council

103As from the appointed day, references in the M65 Parliamentary Writs Order 1944 (which lays down rules for the conveyance through the post of writs for parliamentary elections for constituencies in Great Britain) to the Postmaster General shall be construed as referring to the authority.

104As from the appointed day, Article 7 of the M66Visiting Forces and International Headquarters (Application of Law) Order 1965 (which empowers the making, by agreement, of exceptions from, inter alia, the exclusive privileges of the Postmaster General with respect to posts and telegraphs) shall have effect as if, in paragraph (a), for the reference to the Postmaster General, there were substituted a reference to the authority and as if, for paragraph (b), there were substituted the following paragraph:—

“(b)the transmission of matter within the United Kingdom by the service authorities of that force or by that headquarters shall not constitute an infringement of the privilege conferred by section 24(1) of the Post Office Act 1969, and the prohibition imposed by section 89 of that Act shall not extend to any such transmission”

Sections 77, 88.

SCHEDULE 5U.K. Repair of minor Deficiencies in certain Acts

1(1)In any proceedings against a person in respect of an offence under section 45 of the M67Telegraph Act 1863 F131 consisting in the improper divulging of the purport of a message or communication or an offence under section 20 of the M68Telegraph Act 1868 it shall be a defence for him to prove that the act constituting the offence was done [F132in obedience to a warrant issued by the Secretary of State under section 2 of the Interception of Communications Act 1985 or in pursuance of a requirement imposed by the Commissioner under section 8(3) of that Act].

(2)Subsection (2) of section 58 of the M69Post Office Act 1953 (warrants in Northern Ireland and the Isle of Man) shall apply for the purposes of the foregoing sub-paragraph as it applies for the purposes of subsection (1) of that section.

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

2

3Section 63 of the Post Office Act 1953 shall have effect as if, in subsection (6) thereof, for the words “any stamp for denoting a current rate of postage of any country outside the British postal area” , there were substituted the words “any current stamp for denoting a rate of postage of any country outside the British postal area”.

Sections 94, 114

SCHEDULE 6U.K. Amendments of Acts consequential on Section 94 of this Act

Parts I and IIU.K.

Part IIIU.K. Amendments of other enactments

Enactments of the Parliament of the United KingdomU.K.

Enactments of the Parliament of Northern IrelandU.K.

F142SCHEDULE 7F142U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 137.

SCHEDULE 8U.K. Obsolete, &c., Enactments ceasing to have Effect

Part IU.K. Enactments ceasing to have Effect on the Passing of this Act

Enactment of the Parliament of EnglandU.K.

Enactments of the Parliament of the United KingdomU.K.

Enactments of the Parliament of Northern IrelandU.K.

Part IIU.K. Enactments ceasing to have Effect on the Appointed Day

Enactment of the Parliament of the United KingdomU.K.

Enactment of the Parliament of Northern IrelandU.K.

Section 138.

SCHEDULE 9U.K. General transitional Provisions

1(1)Section 3(1) of this Act shall not affect the validity of anything done by or in relation to the Postmaster General before the appointed day, being a thing done under or by virtue of the M83Wireless Telegraphy Act 1949, the M84Television Act 1964 or the M85Wireless Telegraphy Act 1967; and anything which, immediately before that day, is, under or by virtue of any of those Acts, in process of being done by or in relation to him (including, in particular, any legal proceeding to which he is a party) may be continued by or in relation to the Minister.U.K.

(2)Any notice served, approval or authority given or other thing whatsoever done under or by virtue of the Wireless Telegraphy Act 1949, the Television Act 1964 or the Wireless Telegraphy Act 1967 by the Postmaster General shall, if effective at the appointed day, continue in force and have effect as if similarly served, given or done by the Minister.

2(1)Any agreement, and any provision in a document not being an agreement, shall, so far as may be necessary in consequence of the enactment of Part III of this Act, have effect as from the appointed day—U.K.

(a)as if references to the Crown, the Postmaster General, the Post Office or the Minister of Public Building and Works (except in cases where they fall to be adapted by head (b) or (c) below) were (or, if the context so requires, included) references to the authority established by section 6 of this Act;

(b)as if—

(i)references in general terms (however worded) to officers of the Postmaster General, to officers of the Post Office (otherwise than as defined by section 87(1) of the M86Post Office Act 1953), to officers of the Crown or to servants of the Postmaster General, the Post Office or the Crown were (or, if the context so requires, included) references to persons employed by the authority established by section 6 of this Act;

(ii)references in general terms (however worded) to officers of the Post Office as so defined were (or, if the context so requires, included) references to persons engaged in the business of the said authority;

(iii)references in general terms (however worded) to agents of the Postmaster General, the Post Office or the Crown were (or, if the context so requires, included) references to agents of the said authority;

(iv)references (however worded) to an officer of the Postmaster General or the Post Office holding a specified office were (or, if the context so requires, included) references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned officer; and

(v)references (however worded) to a servant of the Postmaster General, the Post Office or the Crown serving in a specified capacity were (or, if the context so requires, included) references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned servant;

(c)as if references (whether express or implied and, if express, however worded) to property of the Crown or the Postmaster General or his department were (or, if the context so requires, included) references to property of the said authority and references (whether express or implied and, if express, however worded) to land or premises occupied by the Crown, the Postmaster General, his department or an officer or servant of the Crown or Postmaster General were (or, if the context so requires, included) references to land or premises occupied by the said authority;

(d)as if any reference to the making, under a government provision, of a payment to or in respect of a person in consequence of his becoming ill, being injured or dying, were a reference to the making, to or in respect of him in consequence of his becoming ill, being injured or dying, of a payment falling to be made by virtue of a condition of his service (whether binding in law or not) providing for the making, in consequence of his becoming ill, being injured or dying, of a payment to or in respect of him.

(2)Without prejudice to the foregoing sub-paragraph, any agreement to which the Crown is a party, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by it, shall, as from the appointed day, have effect, so far as may be necessary for, or in consequence of, the vesting by virtue of Part III of this Act of property, rights or liabilities in the Post Office, as if the Post Office had been a party thereto.

(3)Without prejudice to sub-paragraph (1) above, where, by the operation of the said Part III, a right or liability becomes a right or liability of the Post Office, it and all other persons shall have the same rights, powers and remedies (and, in particular, the same rights, powers and remedies as to taking or resisting legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing it as they would have had if it had at all times been the right or liability of the Post Office; and legal proceedings or applications by or against the Crown, in so far as they relate to any property, rights or liabilities vested in the Post Office by virtue of sections 16 to 20 of this Act, or to any agreement or document which has effect in accordance with the foregoing provisions of this paragraph, shall not abate by reason of the Crown’s ceasing to be interested in the subject-matter thereof but may be continued by or against the Post Office to the exclusion of the Crown.

[F143(4)With respect to instruments and documents executed or signed before the appointed day—

(a)every instrument or document purporting to be executed or signed by or on behalf of the Postmaster General shall be deemed to be so executed or signed unless the contrary is shown; and

(b)a certificate signed before the appointed day by the Postmaster General that any instrument or document purporting to be executed or signed on his behalf was so executed or signed shall be conclusive evidence of that fact.]

(1)

3F144(2)Subsection (3) of section 10 of the M87Post Office Act 1953 (consequence of failure to pay sums payable in respect of a cash on delivery packet) shall (unless repealed by virtue of sub-paragraph (4) below), with the omission of the reference to a British postal agency, with the substitution, for the references to the Postmaster General, of references to the Post Office and with the omission of the words “as a debt due to him”, have effect on and after the appointed day as if it were a provision of a scheme made under section 28 of this Act and coming into operation on that day, and may be repealed or amended accordingly; and, as from that day, the expression “cash on delivery packet” in that subsection shall mean a packet on whose delivery a sum falls to be collected by the Post Office for remission to the sender of the packet.

(3)(4)

F144(5)Any reference in an agreement or licence in force on the appointed day to a provision of any such regulations as are mentioned in sub-paragraph (1)(d) or (e) above (other than a provision relating to evidence or to limitation or exclusion of liability) shall, if during the currency of the agreement or licence that provision is revoked, be construed (unless the context otherwise requires) as referring to the corresponding provision for the time being in force of a scheme made under section 28 of this Act; and any reference in any such agreement or licence to a provision of any such regulations relating to limitation or exclusion of liability shall, as from that day, be construed in like manner as if that provision had not ceased to be in force.

(6)F144

4, 5.F145U.K.

6An authorisation given under section 3(1), 61, 62 or 64 of the M88Post Office Act 1953 by the Postmaster General which is effective at the appointed day shall have effect as from that day as if given by the Post Office, and a declaration under section 78(1) of that Act by the Postmaster General which is so effective shall so have effect as if made by the Post Office.

7An undertaking given under section 51(2) or (3) of the Post Office Act 1953 to the Postmaster General shall, if effective at the appointed day, have effect, as from that day, as if given to the Post Office.

8F146U.K.

9(1)This paragraph applies to the following instruments, namely,—U.K.

(a)the agreement dated 2nd April 1962 whereto the parties are the Postmaster General and the Commercial Cable Company, Incorporated (a company incorporated under the law of the State of New York of the United States of America);

(b)the agreement dated 1st April 1963 whereto the parties are the Postmaster General and the Compagnie Francaise des Câbles Télégraphiques S.A. (a company incorporated under the law of France);

(c)the agreement dated 27th December 1965 whereto the parties are the Postmaster General and Western Union International, Incorporated (a company incorporated under the law of the State of Delaware of the United States of America); and

(d)the licence dated 1st March 1966 whereto the parties are Her Majesty, the Crown Estate Commissioners, the Postmaster General and Det Store Nordiske Telegraf-Selskab Aktieselskab (a company incorporated under the law of the Kingdom of Denmark and commonly known in the United Kingdom, and in that licence referred to, as the Great Northern Telegraph Company Limited).

(2)Nothing done, on or after the appointed day, under, and in accordance with the terms of, an instrument to which this paragraph applies, shall constitute an infringement of the privilege conferred by section 24(1) of this Act.

10(1)Any licence operating by way of exception from the exclusive privilege conferred by section 4 of the M89Telegraph Act 1869 on the Postmaster General which is effective at the appointed day (not being a licence under the M90Wireless Telegraphy Act 1949) shall, as from that day, have effect as if it had been granted under section 27(1) of this Act and—U.K.

(a)as if references to the Crown (except in contexts referring to a Minister of the Crown) or to the Postmaster General or the Post Office (except in cases where they fall to be adapted by head (b) below) were references to the authority established by section 6 of this Act; and

(b)as if—

(i)references in general terms (however worded) to officers of the Postmaster General, to officers of the Post Office (otherwise than as defined by section 87(1) of the M91Post Office Act 1953), or to servants of the Postmaster General or the Post Office were (or, if the context so requires, included) references to persons employed by the authority established by section 6 of this Act;

(ii)references in general terms (however worded) to officers of the Post Office as so defined were (or, if the context so requires, included) references to persons engaged in the business of the said authority;

(iii)references in general terms (however worded) to agents of the Postmaster General or the Post Office were (or, if the context so requires, included) references to agents of the said authority;

(iv)references (however worded) to an officer of the Postmaster General or the Post Office holding a specified office were references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned officer; and

(v)references (however worded) to a servant of the Postmaster General or the Post Office serving in a specified capacity were references to the person employed by the said authority who corresponds, as nearly as may be, to the first-mentioned servant.

(2)Any instrument issued in pursuance of a licence falling within the foregoing sub-paragraph, being an instrument effective at the appointed day, shall, as from that day, have effect subject to the like modifications as those provided for by heads (a) and (b) of that sub-paragraph in the case of the licence.

11U.K.A notice or certificate given, request made or requirement imposed under any provision of the enactments relating to telegraphs by, to or on the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given, made or imposed by, to or on the Post Office.

12U.K.An authority granted under section 5(1) of the M92Telegraph Act 1892 which is effective at the appointed day shall, as from that day, have effect as if it had been granted under that section as amended by paragraph 5 of Schedule 4 to this Act.

13U.K.Any such council as is mentioned in the M93Telegraph Act 1899 which, at the beginning of the appointed day, is licensed by the Postmaster General to provide a system of public telephonic communication, shall, so long as the licence continues in force, be deemed, for the purposes of that Act, to be licensed by the Post Office so to provide.

14(1)A notice given under section 26 of the M94Electric Lighting Act 1882 by undertakers to the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given to the Post Office; any requirements made under that section by the Postmaster General which are so effective shall, as from that day, have effect as if made by the Post Office; and any arbitration on a difference under that section which is in progress immediately before that day may be continued with the substitution of the Post Office for the Postmaster General as a party thereto.U.K.

(2)A requirement imposed under section 4(2) of the M95Electric Lighting Act 1888 by the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if imposed by the Post Office.

(3)An approval given under section 10(c) of the Schedule to the M96Electric Lighting (Clauses) Act 1899 with the concurrence of the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given with the concurrence of the Post Office; a notice served under section 14 of that Schedule by undertakers on the Postmaster General which is so effective shall, as from that day, have effect as if served on the Post Office; a requirement imposed or approval or disapproval notified under that section by the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if imposed or notified by the Post Office; and a requirement imposed under section 60 of that Schedule which is effective at the appointed day shall, as from that day, have effect as if imposed by the Post Office.

(4)Any notice given under section 20 of the Schedule to the Electric Lighting (Clauses) Act 1899 to the Postmaster General which is effective at the appointed day shall, as from that day, have effect as if given to the Post Office, any requisition served under that section by the Postmaster General which is effective at that day shall, as from that day, have effect as if served by the Post Office and any arbitration under that section which is in progress immediately before that day, being an arbitration to which the Postmaster General is a party, may be continued with the substitution of the Post Office for the Postmaster General.

15, 16F147U.K.

17(1)No steps shall be taken for the enforcement of a building law with respect to works on land that vests in the Post Office by virtue of section 16 of this Act, being works begun before the appointed day, or with respect to works on land begun by the Post Office before the expiration of six months beginning with that day; nor shall any proceedings for the recovery of a fine or other penalty be brought against the Post Office for having carried out or retained any such works as aforesaid which do not comply with a building law.U.K.

(2)In the foregoing sub-paragraph, “building law” means any obligation or restriction as to the construction, nature or situation of works on land or as to any other circumstances of such works (including the use of the land) having effect by virtue of—

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

(b)an enactment contained in Part II or IV of the M97Public Health Act 1936 or Part II of the M98Public Health Act 1961 or byelaws or regulations made under an enactment so contained;

(c)the London Building Acts 1930 to 1939 or byelaws made thereunder;

(d)[F148the M99Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder];

(e)section 72, 73, 74, 75, 81 or 159 of the M100Highways Act 1959;

(f)paragraph 13, 15 or 18 of Part III of Schedule 9 to the M101London Government Act 1963 or byelaws made under paragraph 6 of that Part of that Schedule; or

(g)any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws made under any enactment contained in a local Act so made;

and “works” includes any building, structure, excavation or other work on land.

(3)Any reference in this paragraph to non-compliance with a building law means, in relation to any works on land, that the construction, nature or situation of the works or any other circumstances thereof (including the use of the land) are such either that the works do not comply with the building law in question or that, by virtue of that law, the rejection of plans for the works is expressly required or authorised.

(4)Any reference in this paragraph to the enforcement of a building law shall be construed as a reference to securing (whether by the doing of work on land or the requiring, by injunction or otherwise, that some other person shall do work on land) that works on land not complying with the building law in question shall either be demolished or removed or be altered so as to comply therewith.

(5)In the application of this paragraph to Scotland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):—

“(a)an enactment contained in the Burgh Police (Scotland) Acts 1892 to 1903 or under the Public Health (Scotland) Act 1897 or byelaws made under any such enactment;

(b)the Roads Improvement Act 1925;

F149(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 53 of the Water (Scotland) Act 1946;

(e)the Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder;

(f)the Building (Scotland) Act 1959 or regulations made thereunder;

(g)the Sewerage (Scotland) Act 1968;

(h)any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws made under any enactment contained in a local Act so made; or

(i)any enactment or rule of the common law conferring powers on a dean of guild court”

(6)In the application of this paragraph to Northern Ireland, the following shall be substituted for heads (a) to (g) of sub-paragraph (2):—

“(a)section 9 of the Summary Jurisdiction (Ireland) Act 1851;

(b)an enactment contained in the Public Health Acts (Northern Ireland) 1878 to 1967 or byelaws made under an enactment so contained;

(c)an enactment contained in the Housing Acts (Northern Ireland) 1890 to 1967;

(d)the Roads Improvement Act (Northern Ireland) 1928; or

(e)any enactment contained in a local Act made for purposes similar to the purposes of any of the aforesaid enactments or any byelaws or orders made under any enactment contained in a local Act so made”

18, 19F150U.K.

20(1)Nothing in Part III of this Act shall affect the validity of anything done by, or in relation to, the Postmaster General before the appointed day under or by virtue of the M102Public Utilities Street Works Act 1950; and anything which, immediately before that day, is in process of being done under, or by virtue of, that Act by or in relation to him (including, in particular, any legal proceedings to which he is a party) may be continued by, or in relation to, the Post Office.

(2)Any notice or direction given or other thing whatsoever done under the said Act of 1950 by the Postmaster General shall, if effective at the appointed day, continue in force and have effect as if similarly given or done by the Post Office.

21F151U.K.

22—26.F152U.K.

27(1)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time.

(2)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions and to the relevant condition as to time;

(b)in a case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General, be deemed to be granted by that authority on the appointed day subject to those conditions as so modified and to the relevant condition as to time;

(c)in a case in which those conditions are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the relevant condition as to time.

(3)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day and the expiration of the relevant period, that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions;

(b)in the case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General (otherwise than by withdrawing the stipulation as to time), be deemed to be granted by that authority on the appointed day subject to those conditions as so modified;

(c)in a case in which those conditions (except so far as containing the stipulation as to time) are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the condition containing that stipulation.

(4)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and—

(a)the relevant period expires with the day immediately preceding the appointed day or with an earlier day; and

(b)that authority does not, before the expiration of that period, notify the Postmaster General in writing as mentioned in sub-paragraph (1), (2) or (3) above or that it objects to the proposal;

planning permission for the development shall be deemed to be granted by the authority on the appointed day subject to the relevant condition as to time.

(5)The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day.

(6)Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day.

(7)[F153Part XII of the Town and Country Planning Act 1990] shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.

F154F155(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under [F156section 69 of the Town and Country Planning Act 1990] that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,—

(a)the date on which the permission is deemed to be granted;

(b)a general description of the development to which the permission relates and of the land to be developed in accordance with the permission;

(c)in a case in which the authority approves, in relation to the development to which the permission relates, anything which, by virtue of sub-paragraph (6) above, falls to be approved by it, the date on which it does so;

(d)in a case in which, in consequence of the operation of that sub-paragraph, an appeal as to any matter relating to the development to which the permission relates is entertained by the [F157Secretary of State] or an application is referred to him, the date on which the appeal or reference is disposed of, and the decision on the appeal or reference.

F154(10)For the purposes of section 99(3) of the M103Land Commission Act 1967, planning permission which, by virtue of sub-paragraph (2) or (3) above, is deemed to be granted subject to approval on any matter, shall be deemed to be granted on an outline application.

(11)Section 69 of the Town and Country Planning Act 1968 and section 70 of the Town and Country Planning (Scotland) Act 1969 shall have effect in relation to the Post Office as if, at the end of paragraph (d) of subsection (3) thereof, there were added the following—

“or

(e)deemed to be granted by virtue of paragraph 27 of Schedule 9 to the Post Office Act 1969.”

(12)In this paragraph,—

(a)“development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have [F158for the purposes of [F159the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F160the M104Town and Country Planning (Scotland) Act 1972].

(b)“the relevant condition as to time”—

(i)except in a case in which planning permission is, by virtue of sub-paragraph (6) above, deemed to be granted subject to a condition that application for the approval of matters must be made not later than the expiration of three years beginning with the appointed day, means a condition that the development to which the permission relates must be begun not later than the expiration of five years beginning with that day;

(ii)in the said excepted case, means a condition that the development must be begun not later than whichever is the later of the following dates, namely, the expiration of five years from the appointed day and the expiration of two years from the final approval of matters which are the subject of the condition subject to which planning permission is, by virtue of that sub-paragraph, deemed to be granted (or, in the case of approval on different dates, the final approval of the last such matter to be approved);

(c)“relevant period”, in relation to a notification to a local planning authority of a proposal to carry out development, means the period of two months from the day on which the notification is received by the authority or such longer period as may, before the expiration of the first-mentioned period, be agreed in writing between the authority and the Postmaster General.

(13)For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out.

(14)[F161Sections 91 and 92 of the Town and Country Planning Act 1990] and [F160sections 38 and 39 of the M105Town and Country Planning (Scotland) Act 1972] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15)[F162Subsections (2) and (4) of section 93 of the Town and Country Planning Act 1990] (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of [F162sections 91 and 92 of that Act of 1990], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

F154(16)For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.

(17)This paragraph does not extend to Northern Ireland.

27(1)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day F179. . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal, planning permission for the development shall be deemed to be granted by that authority on that day subject to the relevant condition as to time.

(2)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and, before that day F179. . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (not being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions and to the relevant condition as to time;

(b)in a case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General, be deemed to be granted by that authority on the appointed day subject to those conditions as so modified and to the relevant condition as to time;

(c)in a case in which those conditions are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the relevant condition as to time.

(3)Where, between the passing of this Act and the appointed day, the Postmaster General notifies a local planning authority in writing of a proposal to carry out development of land, and before that day F179. . ., that authority notifies the Postmaster General in writing that it has no objection to the proposal provided that conditions specified by it in the notification are complied with (being conditions containing a stipulation as to the time at which the development must be begun or completed), planning permission for the development shall—

(a)except in a case in which those conditions are subsequently either modified as mentioned in the following provisions of this sub-paragraph or withdrawn as so mentioned, be deemed to be granted by that authority on the appointed day subject to those conditions;

(b)in the case in which those conditions are subsequently modified by that authority in writing with the written concurrence of the Postmaster General (otherwise than by withdrawing the stipulation as to time), be deemed to be granted by that authority on the appointed day subject to those conditions as so modified;

(c)in a case in which those conditions (except so far as containing the stipulation as to time) are withdrawn by that authority in writing addressed to the Postmaster General, be deemed to be granted by that authority on the appointed day subject to the condition containing that stipulation.

F180(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The foregoing sub-paragraphs shall, with requisite modifications, apply in a case where, before the passing of this Act, the Postmaster General has notified a local planning authority in writing of a proposal to carry out development of land (but that development has not been carried out before the appointed day) as they apply in a case where he does so between the passing of this Act and that day.

(6)Where, by virtue of sub-paragraph (2) or (3) above, planning permission for the carrying out of development of land consisting in the erection, extension or alteration of a building is deemed to be granted by a local planning authority subject to a condition that the Postmaster General should consult that authority with respect to any matters relating to the siting, design or external appearance of the building or means of access thereto, then, so far as regards any of those matters as to which, before the appointed day, the Postmaster General has not been notified by that authority in writing that it is satisfied with the way in which that matter is to be dealt with, it shall be deemed, as from that day, to be a matter in the case of which the approval of that authority to the manner in which it is to be dealt with is required under a development order and the planning permission shall be deemed to be granted subject to a condition that application for approval must be made not later than the expiration of three years beginning with that day.

(7)[F181Part XII of the M129Town and Country Planning (Scotland) Act 1972] shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.

F182(8)[F183Section 76 of the Town and Country Planning (Scotland) Act 1972] shall not have effect in relation to planning permission deemed, by virtue of this paragraph, to be granted.

(9)Every local planning authority shall, with respect to each case in which planning permission is deemed, by virtue of this paragraph, to be granted by it, include, in that part of the register kept by it under [F183section 31 of the Town and Country Planning (Scotland) Act 1972] that contains entries relating to applications for planning permission that have been finally disposed of, the following particulars, namely,—

(a)the date on which the permission is deemed to be granted;

(b)a general description of the development to which the permission relates and of the land to be developed in accordance with the permission;

(c)in a case in which the authority approves, in relation to the development to which the permission relates, anything which, by virtue of sub-paragraph (6) above, falls to be approved by it, the date on which it does so;

(d)in a case in which, in consequence of the operation of that sub-paragraph, an appeal as to any matter relating to the development to which the permission relates is entertained by the [F184Secretary of State] or an application is referred to him, the date on which the appeal or reference is disposed of, and the decision on the appeal or reference.

F182(10)For the purposes of section 99(3) of the M130Land Commission Act 1967, planning permission which, by virtue of sub-paragraph (2) or (3) above, is deemed to be granted subject to approval on any matter, shall be deemed to be granted on an outline application.

(11)Section 69 of the Town and Country Planning Act 1968 and section 70 of the Town and Country Planning (Scotland) Act 1969 shall have effect in relation to the Post Office as if, at the end of paragraph (d) of subsection (3) thereof, there were added the following—

“or

(e)deemed to be granted by virtue of paragraph 27 of Schedule 9 to the Post Office Act 1969.”

(12)In this paragraph,—

(a)“development”, “development order”, “local planning authority” and “planning permission” have, in the application of this paragraph to England and Wales, the same meanings as they have [F185for the purposes of [F186the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F187the M131Town and Country Planning (Scotland) Act 1972].

(b)“the relevant condition as to time”—

(i)except in a case in which planning permission is, by virtue of sub-paragraph (6) above, deemed to be granted subject to a condition that application for the approval of matters must be made not later than the expiration of three years beginning with the appointed day, means a condition that the development to which the permission relates must be begun not later than the expiration of five years beginning with that day;

(ii)in the said excepted case, means a condition that the development must be begun not later than whichever is the later of the following dates, namely, the expiration of five years from the appointed day and the expiration of two years from the final approval of matters which are the subject of the condition subject to which planning permission is, by virtue of that sub-paragraph, deemed to be granted (or, in the case of approval on different dates, the final approval of the last such matter to be approved);

F180(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)For the purposes of this paragraph, development shall be taken to be begun on the earliest date on which any specified operation (as defined in section 64(3) of the Land Commission Act 1967) comprised in the development begins to be carried out.

(14)[F188Sections 91 and 92 of the Town and Country Planning Act 1990] and [F187sections 38 and 39 of the M132Town and Country Planning (Scotland) Act 1972] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15)[F183Subsections (5) and (7) of section 40 of the Town and Country Planning (Scotland) Act 1972] (which respectively define final approval of reserved matters and invalidate development carried out, and applications for approval made, out of time) shall have effect for the purposes of this paragraph with the substitution for any reference to a reserved matter of a reference to such a matter as is referred to in sub-paragraph (12)(b)(ii) above, and, for the reference to planning permission having conditions attached to it by or under provisions of [F183sections 38 and 39 of that Act], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

F182(16)For the purposes of the general application of this paragraph to Scotland, in sub-paragraphs (1), (2) and (3) the words “and the expiration of the relevant period” and sub-paragraphs (4) and (12)(c) shall be omitted.

(17)This paragraph does not extend to Northern Ireland.

28(1)Notwithstanding [F163section 253 of the M106Town and Country Planning (Scotland) Act 1972] or [F164section 296 of the Town and Country Planning Act 1990] (exercise of powers in relation to Crown land), planning permission for the development by the Post Office of land which is Crown land within the meaning of that section by reason only of the subsistence therein of an interest of the Postmaster General may be granted under either Act in pursuance of an application therefor made by the Post Office before the appointed day, and [F163section 24 of the M107said Act of 1972] and [F164sections 66 and 67 of the said Act of 1990] (certificates required to accompany application) shall not apply to an application that may be granted by virtue of this sub-paragraph or to an appeal from a decision to refuse to grant planning permission in pursuance of such an application or to grant it subject to conditions.

(2)Any approval required under a development order (within the meaning of [F165the said Act of 1972] or of [F166the said Act of 1990]) in relation to development of such land as is mentioned in the foregoing sub-paragraph, being development proposed to be carried out by the Post Office, may be granted in pursuance of an application therefor made by the Post Office before the appointed day.

29No enforcement notice shall be served by virtue of [F167paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972] or under [F168paragraph 34 of Schedule 24 to the Town and Country Planning Act 1971 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions) Act 1990)] in respect of works carried out on land that vests in the Post Office by virtue of section 16 of this Act or in respect of use of land that so vests; and no enforcement notice shall be served under [F168section 172 of the Town and Country Planning Act 1990] or [F167section 84 of the M108said Act of 1972] in respect of development carried out before the appointed day on land that so vests.

30U.K.Neither an interim development authority, nor, where the [F169Department of Development for Northern Ireland] is exercising any of the functions of such an authority, that [F169Department], shall take any action under section 4 of the M109Planning (Interim Development) Act (Northern Ireland) 1944 (enforcement of interim development control) in respect of any development carried out before the appointed day in or on land that vests in the Post Office by virtue of section 16 of this Act.

31, 32F170U.K.

F17133U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

34

F17335U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36—47.F174U.K.

48F175U.K.

49Where works on land vested in the Post Office by virtue of this Act are executed by it so as injuriously to affect another person who would, had the works been executed by the Postmaster General, have had a right to receive from him compensation in respect of the injurious affection, that person shall have the right to receive from the Post Office compensation in respect of the injurious affection.

50F176U.K.

51U.K.An indemnity given under section 13 of the M110National Debt Act 1958 to the Postmaster General shall, if effective at the appointed day, have effect, as from that day, as if given to the Director of Savings.

52U.K.Any reference to the Postmaster General in a prospectus issued with respect to securities issued under the M111National Loans Act 1939 or the M112National Loans Act 1968 shall, as from the appointed day, be construed as referring to the Director of Savings.

53U.K.Where the Crown retains possession of any documents of title to any land any part of which is vested by virtue of section 16 of this Act in the Post Office, the Minister shall be assumed to have given to the Post Office an acknowledgment in writing of the right of the Post Office to production of those documents and to delivery of copies thereof, and, so far as relates to land in England or Wales, section 64 of the M113Law of Property Act 1925 shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section and, so far as relates to land in Northern Ireland, section 9 of the M114Conveyancing Act 1881 shall have similar effect.

54U.K.Any legal proceedings or applications pending on the appointed day by or against the Crown, being proceedings or applications instituted or made by or against the Postmaster General or his department (but not being proceedings in the case of which express provision is made by some other provision of this Act with respect to the continuance thereof) may be continued by or against the appropriate government department authorised for the purposes of the M115Crown Proceedings Act 1947.

Section 138.

SCHEDULE 10U.K. Special transitional Provisions with respect to Patents for Inventions and Registered Designs

Part IU.K. Patents for Inventions

1For the purposes of so much of section 32(1) of the M116Patents Act 1949 as provides that a patent may be revoked on the grounds that the invention, so far as claimed in any claim of the complete specification, was secretly used in the United Kingdom before the priority date of that claim, no account shall be taken of any use, on or after the appointed day, of the invention by the Post Office or a person authorised by it, in consequence of the applicant for the patent or any person from whom he derives title having communicated or disclosed the invention directly or indirectly,—

(a)before the appointed day, to a government department or person authorised by a government department; or

(b)on or after the appointed day, in pursuance of an agreement in the case of which rights and liabilities thereunder vest in the Post Office by virtue of sections 16 to 18 of this Act, to the Post Office or a person authorised by it.

2(1)Where an agreement in the case of which rights and liabilities thereunder vest in the Post Office by virtue of sections 16 to 18 of this Act contains provision—

(a)conferring authority under section 46(1) of the M117Patents Act 1949 for the making, use or exercise of an invention for a purpose referable to the functions of the Postmaster General, or