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.

F6SCHEDULE 2U.K. Classes of Assets to be held by the Post Office to match its Debts to its banking Customers

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

Section 56.

F7SCHEDULE 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

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

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.

F82U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F93U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adaptations of Enactments relating to TelegraphsU.K.

4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

5, 6.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

7U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

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

8U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

9U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

10U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

[F1611U.K.As from the appointed day, references to a private generating station in section 11 of the M4Electricity (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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Adaptations of other EnactmentsU.K.

14U.K.As from the appointed day section 11 of the M5Juries Act 1862 F18. . .(summoning of jurors by post) shall F18. . .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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

16—19.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

20U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

F2221U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

23U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

24U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

25U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

26U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

F2827U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28, 29.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

30U.K.As from the appointed day, section 2(2)(e) of the M6Execution 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

32U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

F3233U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

F3536U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

F3941U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

44U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

47U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

48U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

49U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

50U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

F4951U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

53U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

F5254U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55U.K.As from the appointed day, the reference to the Post Office in section 12(3)(b) of the M7Criminal Justice Act (Northern Ireland) 1953 (evidence by certificate) shall be construed as including a reference to the authority.

F5356U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

58U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

59(1)Where any work proposed to be done on or after the appointed day by [F56the Northern Ireland Housing Executive] in pursuance of a clearance or demolition order or a re-development scheme made by them under [F57the M8Housing (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 M9Telegraph 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 [F56the Northern Ireland Housing Executive].U.K.

(2)Where, in pursuance of an order under section 22 of the Housing of the M10Working Classes Act 1890, section 14 of the M11Housing Act (Northern Ireland) 1961, [F58Article 51 of the Housing (Northern Ireland) Order 1981] or section 25 of the M12New 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 F59“telegraphic line” and “alteration” have the same meanings as in the M13Telegraph Act 1878.

60U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

61U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

62—64.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

66U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

[F6567U.K.As from the appointed day, section 7(1) of the M14Payment 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

69U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

70U.K.As from the appointed day, Schedule 4 to the M15Public 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

72U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

73U.K.As from the appointed day, the references to the Postmaster General in section 53 of the M16Electoral Law Act (Northern Ireland) 1962 (transmission of election addresses) shall be construed as referring to the authority.

74U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

75U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

76U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

[F7377U.K.As from the appointed day, the reference in section 1(4) of the M17Criminal Evidence Act 1965 to the Post Office shall be construed as including a reference to the authority.]

78U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

79U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

[F7680U.K.As from the appointed day, the Schedule to the M18Building 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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

F7882U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7983U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8084U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

86U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

87U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

88U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

89U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

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 M19Local Government and Roads Act (Northern Ireland) 1968.

F8691U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8792U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

93(1)[F88A universal service provider (within the meaning of the Postal Services Act 2000) in connection with the provision of a universal postal service (within the meaning of the Act)] shall be deemed to be [F89a statutory undertaker] and [F90his undertaking so far as relating to the provision of a universal postal service] a statutory undertaking for the purposes of the following enactments, namely,—U.K.

(i)–(iv)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)the M20Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(vi)F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii)section 4 of the M21Requisitioned Land and War Works Act 1948;

[F93(viii)the M22Roads Act (Northern Ireland) 1948, as applied by any statutory provision passed or made before the commencement of the M23Roads (Northern Ireland) Order 1980]

(ix)F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(x)the National Parks and Access to the M24Countryside Act 1949;

F95(xi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xii)the M25Landlord and Tenant Act 1954;

(xiii)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97(xiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xv ) (xvi)F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xvii)section 11 of the M26Land Compensation Act 1961;

(xviii)section 3(4) of the M27Flood Prevention (Scotland) Act 1961;

(xix)F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xx)the M28Pipe-lines Act 1962;

(xxi)section 18 of the M29Land Compensation (Scotland) Act 1963;

(xxii)Schedules 3 F100 to the M30Harbours Act 1964;

F101(xxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F102(xxv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxvi)F103. . .

(xxvii)sections 11(5)(f), 54(6) and 75(4) of, and Schedule 3 to, the M31Countryside (Scotland) Act 1967;

(xxviii)the M32New Towns (Scotland) Act 1968;

(xxix)F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxx)section 22 of the M33Sewerage (Scotland) Act 1968;

(xxxi )F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxii )F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxxiii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107

F108(xxxiv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F109(xxxv)Section 9 of the Enterprise and New Towns (Scotland) Act 1990.]

F110. . ..

(2)In the following enactments, namely,—

(a )F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the M34Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

(d )F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e )F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f )F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g )F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h ),(i)F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j)the M35Pipe-lines Act 1962;

(k)Schedules 3 F100 to the M36Harbours Act 1964;

(l )–(p)F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q )F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r )F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s), (t)

F121“the appropriate Minister” shall, in relation to [F122a universal service provider (within the meaning of the Postal Services Act 2000)], mean the Minister.

F123(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In the following enactments, namely,—

(a )F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b )F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c )F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 13 of the M37Pipe-lines Act 1962;

(e)the [F127New Towns Act 1981]

F128(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the M38New Towns (Scotland) Act 1968;

(h)

F126(i )F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

F131(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“operational land” shall, in relation to [F132a universal service provider (within the meaning of the Postal Services Act 2000)], mean land of [F133his] 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—

(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 [F134a universal service provider’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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

Part IIIU.K. Adaptations of local Enactments

95U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136

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 M39Highways 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 M40Highways Act 1959.

97U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137

98U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138

99U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

F140100U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

101, 102.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

Part IVU.K. Adaptation of Orders in Council

F142103U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F143104U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 77, 88.

F144SCHEDULE 5U.K. Repair of minor Deficiencies in certain Acts

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

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.

F156SCHEDULE 7F156U.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 M56Wireless Telegraphy Act 1949, the M57Television Act 1964 or the M58Wireless 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 M59Post 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.

[F157(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)

3F158F159(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(3)(4)

F158F160(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F158

4, 5.F161U.K.

F1626U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1637U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8F164U.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 M60Telegraph Act 1869 on the Postmaster General which is effective at the appointed day (not being a licence under the M61Wireless 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 M62Post 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 M63Telegraph 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 M64Telegraph 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 M65Electric 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 M66Electric 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 M67Electric 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, 16F165U.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 M68Public Health Act 1936 or Part II of the M69Public 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)[F166the M70Thermal Insulation (Industrial Buildings) Act 1957 or regulations made thereunder];

(e)section 72, 73, 74, 75, 81 or 159 of the M71Highways Act 1959;

(f)paragraph 13, 15 or 18 of Part III of Schedule 9 to the M72London 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;

F167(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, 19F168U.K.

F16920U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21F170U.K.

22—26.F171U.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)[F172Part 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.

F173F174(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 [F175section 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 [F176Secretary 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.

F173F177(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F178(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F179for the purposes of [F180the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F181the Town and Country Planning (Scotland) Act 1997].

(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)[F182Sections 91 and 92 of the Town and Country Planning Act 1990] and [F183sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15)[F184Subsections (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 [F184sections 91 and 92 of that Act of 1990], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

F173(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 F204. . ., 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 F204. . ., 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 F204. . ., 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.

F205(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)[F206Part XII of the Town and Country Planning (Scotland) Act 1997] shall not have effect in a case in which planning permission is deemed, by virtue of this paragraph, to be granted.

F207F208(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 [F209section 36 of the Town and Country Planning (Scotland) Act 1997] 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 [F210Secretary 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.

F207F211(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F212(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F213for the purposes of [F214the Town and Country Planning Act 1990]] and, in the application of this paragraph to Scotland, the same meanings as in [F215the Town and Country Planning (Scotland) Act 1997].

(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);

F205(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)[F216Sections 91 and 92 of the Town and Country Planning Act 1990] and [F217sections 58 and 59 of the Town and Country Planning (Scotland) Act 1997] (which relate to the duration of planning permission) shall not apply to planning permission deemed, by virtue of this paragraph, to be granted.

(15)[F218Subsections (2) and (4) of section 60 of the Town and Country Planning (Scotland) Act 1997] (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 [F219sections 58 and 59 of that Act], of a reference to planning permission deemed, by virtue of this paragraph, to be granted.

F207(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 [F185section 245 of the Town and Country Planning (Scotland) Act 1997] or [F186section 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 [F185section 35 of the Act of 1997] and [F186sections 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.U.K.

(2)Any approval required under a development order (within the meaning of [F187the said Act of 1997] or of [F188the 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.

29U.K.No enforcement notice shall be served by virtue of [F189paragraph 28 of Schedule 22 to the Town and Country Planning (Scotland) Act 1972 (as it continues in effect by virtue of Schedule 3 to the Planning (Consequential Provisions)(Scotland) Act 1997)] or under [F190paragraph 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 [F190section 172 of the Town and Country Planning Act 1990] or [F191section 127 of the Town and Country Planning (Scotland) Act 1997] 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 [F192Department of Development for Northern Ireland] is exercising any of the functions of such an authority, that [F192Department], shall take any action under section 4 of the M73Planning (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, 32F193U.K.

F19433U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

34

F19635U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36—47.F197U.K.

48F198U.K.

F19949U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50F200U.K.

51U.K.An indemnity given under section 13 of the M74National 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 M75National Loans Act 1939 or the M76National 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 M77Law 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 M78Conveyancing 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 M79Crown Proceedings Act 1947.

Section 138.

F201SCHEDULE 10U.K. Special transitional Provisions with respect to Patents for Inventions and Registered Designs

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

Section 141.

SCHEDULE 11U.K. Repeals and Revocations

Part IU.K. Enactments repealed on the Passing of this Act

The above repeal of section 24(1) of the Post Office Savings Bank Act 1954 shall not render section 6(1) of the Statutory Instruments Act 1946 inoperative as respects an instrument whereof a draft has been laid before Parliament before the passing of this Act.

Part IIU.K. Enactments repealed on the Appointed Day

Enactment of the Parliament of the Great BritainU.K.

Enactments of the Parliament of the United KingdomU.K.