Part VIU.K. [F1Postal services: supplementary]

Schemes and limitation of liabilityU.K.

[F2(A1)This section applies in relation to—

(a)the provision by a universal service provider of a universal postal service, and

(b)the provision by a postal operator of a service in relation to which a scheme under section 89 (made by the operator) applies.

(A2)In this section—

(a)“the operator” means the universal service provider or the postal operator concerned, and

(b)“the service” means the service mentioned in subsection (A1)(a) or (b) (as the case may be).]

(1)No proceedings in tort shall lie or, in Scotland, be competent against [F3the operator] in respect of loss or damage suffered by any person in connection with the provision of [F4the service] because of—

(a)anything done or omitted to be done in relation to any postal packet in the course of transmission by post, or

(b)any omission to carry out arrangements for the collection of anything to be conveyed by post.

(2)No officer, servant, employee, agent or sub-contractor of [F5the operator] shall be subject, except at the suit or instance of [F6the operator], to any civil liability for—

(a)any loss or damage in the case of which liability of [F6the operator] is excluded by subsection (1), or

(b)any loss of, or damage to, [F7a postal packet] to which section 91 applies.

(3)No person engaged in or about the conveyance of postal packets and no officer, servant, employee, agent or sub-contractor of any such person shall be subject, except at the suit or instance of [F8the operator], to any civil liability for—

(a)any loss or damage in the case of which liability of [F9the operator] is excluded by subsection (1), or

(b)any loss of, or damage to, [F10a postal packet] to which section 91 applies.

(4)In the application of subsection (1) to Scotland, the reference to proceedings in tort shall be construed in the same way as in section 43(b) of the M1Crown Proceedings Act 1947.

(5)This section is subject to section 91.