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Statutory Instrument

The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001

Citation
S.I. 2001/1149
As at
Sections
149
Section 1Citation, commencement and extent

(1) This Order may be cited as the Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001.

(2) Subject to paragraph (3), this Order shall come into force on 26th March 2001.

(3) The repeal of the words “The Post Office” in Part I of Schedule 4 to the National Audit Act 1983 shall come into force on the day on which the Post Office is dissolved in accordance with section 75 of the Postal Services Act 2000.

(4) This Order does not extend to the Channel Islands or the Isle of Man.

(5) Subject to paragraph (4), any modification by this Order of an enactment has the same extent as the enactment modified.

Section 2References to second class post

(1) Any enactment which requires or authorises a document or other thing to be sent by second class post (whether or not it makes any other provision in that respect) shall be construed as if it required, or (as the case may be) authorised, that thing to be sent by a postal service which seeks to deliver such documents or other things by post no later than three working days after posting in all or the majority of cases.

(2) Any enactment which makes any other provision in relation to the sending of a document or other thing by second class post, or to a thing so sent, shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which seeks to deliver such documents or other things by post no later than three working days after posting in all or the majority of cases, or (as the case may be) to a thing sent by such a service.

(3) Any reference (however worded and including references which are to be construed as such references) in a related enactment to the second class post, or to a letter or other postal packet sent by that post, shall be construed as references to a postal service which seeks to deliver such documents or other things by post no later than three working days after posting in all or the majority of cases, or to a letter or other postal packet sent by such a post.

(4) In paragraph (3) “related enactment” means—

(a) any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph (1) or (2) applies,

(b) any enactment relating to the sending of documents or other things otherwise than by second class post or to documents or other things so sent.

(5) Paragraphs (3) and (4) are without prejudice to the generality of paragraphs (1) and (2).

(6) Paragraphs (1) to (5) do not apply in relation to any enactment made after the coming into force of this article if the context in that enactment is such as to require that those paragraphs do not apply.

(7) Paragraphs (1) to (5) are subject to any provision made under the Postal Services Act 2000.

(8) In this article references to sending a document or other thing include references to serving, executing, giving or delivering it or doing any similar thing.

Section 3Other modifications of enactments

(1) The amendments specified in Schedule 1 shall have effect.

(2) The repeals and revocations specified in Schedule 2 shall have effect.

Section 4Transitional and saving provisions

(1) The repeal by this Order of sections 16 and 18 of the Post Office Act 1969 does not affect the vestings effected by virtue of either section.

(2) The repeal of section 18 of that Act does not affect the continued existence of any concurrent rights which were exercisable immediately before 26th March 2001 by virtue of that section.

(3) The repeal by this Order of section 133 of that Act does not affect any changes made or having effect in accordance with that section in relation to trust deeds, rules, regulations or other instruments.

(4) The repeal by this Order of the words “or the Post Office” in section 157(5) of the Inheritance Tax Act 1984 does not apply in relation to determining the value of an estate by reference to a point in time before 26th March 2001.

(5) Nothing in Part 1 of the Building Act 1984 with respect to building regulations, and nothing in any building regulations, shall apply to any building work commenced before 26th March 2001 in relation to any building which—

(a) belonged to the Post Office;

(b) was held or used by the Post Office for the purpose of its statutory undertaking; and

(c) did not fall within section 4(1)(b)(i) or (ii) of that Act;

or which would have so belonged, been held or used and not fallen if the work had been completed before that date.

(6) For the purposes of paragraph (5) building work shall be taken to have commenced before 26th March 2001 if—

(a) substantive building work commenced before that date; or

(b) a contract providing for substantive building work to be commenced no later than six months after 26th March 2001 was entered into before 26th March 2001.

(7) In paragraph (6) “substantive building work”, in the case of building work which consists in the erection of a building, means the erection of that building.

(8) The modifications by this Order relating to the Regulation of Investigatory Powers Act 2000 do not affect the validity (including in relation to conduct on or after 26th March 2001) of any authorisation issued under section 28 or 29 of that Act by the Post Office before that date; and any functions in connection with the authorisation which formerly belonged to the Post Office shall be treated as being, on or after 26th March 2001, functions of the corresponding universal service provider.

(9) The revocation of paragraph 23 of the Schedule to the Local Authorities (Capital Finance)(Approved Investments) Regulations 1990 shall not have effect in relation to any investments made by a local authority to the Post Office before 26th March 2001.

(10) Any transitory, transitional or saving provision made by an order under section 129 of the Postal Services Act 2000 in relation to an enactment modified by that Act shall, so far as relevant, apply to any modification by this Order of an enactment which relates to the enactment which is being modified by the Act.

(11) No repeal of an enactment by this Order shall apply so far as the enactment is necessary for any purpose in connection with a transfer effected by virtue of section 4 or 10 of the British Telecommunications Act 1981 or section 60 of the Telecommunications Act 1984.

(12) Any transitional or saving provision made by this article is without prejudice to the operation of section 16 of the Interpretation Act 1978 .

Section 5Supplementary provision

In sections 111 to 114 and 117 of, and Part I of Schedule 8 to, the Postal Services Act 2000, “the Post Office company” has the meaning given by section 62(8) of that Act.

Section 1Commissioners Clauses Act 1847

In section 99 of the Commissioners Clauses Act 1847 (service of notices upon commissioners) for the words “the post office” are substituted the words “a post office of a postal operator (within the meanings given by the Postal Services Act 2000)”.

Section 2Improvement of Land Act 1864

In section 7 of the Improvement of Land Act 1864 (service of notices on other persons) for the words “Post Office” are substituted the words “postal operator (within the meaning of the Postal Services Act 2000) concerned”.

Section 3Bankers' Books Evidence Act 1879

In section 9(1) of the Bankers' Books Evidence Act 1879 (interpretation of “bank” etc.) at the end of paragraph (aa) is inserted the word “and”.

Section 4Bills of Exchange Act 1882

(1) The Bills of Exchange Act 1882 is amended as follows.

(2) In section 2 (interpretation of terms) at the appropriate place is inserted—

“postal operator” has the meaning given by section 125(1) of the Postal Services Act 2000.

(3) In section 41(1)(e) (rules as to presentment for acceptance etc.) for the words “the post office” are substituted the words “a postal operator”.

(4) In section 45(8) (rules as to presentment for payment) for the words “the post office” are substituted the words “a postal operator”.

(5) In section 49(15) (rules as to notice of dishonour) for the words “post office” are substituted the words “postal operator concerned”.

(6) In section 51(6)(a) (protest of bill) for the words “the post office” are substituted the words “a postal operator”.

Section 5Congested Districts (Scotland) Act 1897

In section 4(1)(f) of the Congested Districts (Scotland) Act 1897 (application of moneys at disposal of Commissioners) for the words “Postmaster General” are substituted the words “Post Office company (within the meaning of Part IV of the Postal Services Act 2000) or any subsidiary or wholly-owned subsidiary (within the meanings given by section 736 of the Companies Act 1985) of the Post Office company”.

Section 6Revenue Act 1898

In section 7(4) of the Revenue Act 1898 (amendment of section 9 of the Stamp Act 1891) for the words “Post Office Protection Act 1884” are substituted the words “Postal Services Act 2000”.

Section 7Law of Property Act 1925

In section 196(4) of the Law of Property Act 1925 (regulations respecting notices) for the words “through the post-office” are substituted the words “by the postal operator (within the meaning of the Postal Services Act 2000) concerned”.

Section 8Land Registration Act 1925

(1) The Land Registration Act 1925 is amended as follows.

(2) In section 30(2) (protection of charges for securing further advances) for the words “post office” are substituted the words “postal operator (within the meaning of the Postal Services Act 2000)”.

(3) In section 79(3) (addresses for service and notices) for the words at the beginning before “shall give” are substituted the words “The postal operator (within the meaning of the Postal Services Act 2000) concerned”.

Section 9Land Registration Rules 1925

(1) The Land Registration Rules 1925 are amended as follows.

(2) In rule 313(1) (notice to be deemed to be received within seven days)—

(a) for the words “through the post” are substituted the words “by post”; and

(b) for the words “the Post Office” are substituted the words “the postal operator (within the meaning of the Postal Services Act 2000) concerned”.

(3) In rule 314 (return of notices by Post Office) for the words “the Post Office” are substituted the words “a postal operator (within the meaning of the Postal Services Act 2000)”.

Section 10Execution of Diligence (Scotland) Act 1926

In section 2(2)(e) of the Execution of Diligence (Scotland) Act 1926 (execution of arrestment or charge by registered letter in certain cases) for the words “the Post Office in pursuance of any provision contained in a scheme made under section 28 of the Post Office Act 1969” are substituted the words “a universal service provider (within the meaning of the Postal Services Act 2000) in pursuance of any provision contained in a scheme made under section 89 of that Act”.

Section 11Agricultural Credits Act 1928

In section 5(7) of the Agricultural Credits Act 1928 (agricultural charges on farming stock and assets), in the definition of “Bank”, after the word “England,” is inserted the word “or”.

Section 12Agricultural Credits (Scotland) Act 1929

In section 9(2) of the Agricultural Credits (Scotland) Act 1929 (interpretation), in the definition of “Bank”, after the word “England” is inserted the word “or”.

Section 13Motor Vehicles and Road Traffic Act (Northern Ireland) 1930

(1) Section 2 of the Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 is amended as follows.

(2) In subsection (1)—

(a) for the words “the Postmaster-General” are substituted the words “a universal service provider”;

(b) for the words “the officers of the Post Office” are substituted the words “the employees of the universal service provider”; and

(c) for the words “any Post Office or officer of the Post Office” are substituted the words “any post office or employee of the universal service provider”.

(3) In subsection (2) for the words “the Postmaster-General” are substituted the words “the universal service provider concerned”.

(4) In subsection (3) for the words from “the expression”, where it appears for the second time, to the end of that subsection are substituted the words “the expressions “mail bag”, “post office” and “universal service provider” have the same meanings as in the Postal Services Act 2000”.

Section 14Civil Defence Act 1939

After section 90(2) of the Civil Defence Act 1939 is inserted—

(3) For the purposes of this Act—

(a) a 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 that Act) shall be taken to be a public utility undertaker; and

(b) his undertaking so far as relating to the provision of a universal postal service shall be taken to be a public utility undertaking.

(4) For the purposes of this Act as it applies by virtue of subsection (3) above in relation to a universal service provider the appropriate department is the Secretary of State.

Section 15Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

In section 7(1) of the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947 (interpretation), in the definition of “statutory undertakers”, at the end are inserted the words “, or a 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 that Act)”.

Section 16Opencast Coal Act 1958

(1) The Opencast Coal Act 1958 is amended as follows.

(2) In section 51(1) (interpretation), in the definitions of “statutory undertakers” and “statutory undertaking”, after the words “of 1990” are inserted the words “(but excluding a universal service provider within the meaning of the Postal Services Act 2000 and his undertaking)”.

(3) In section 52(2) (general application to Scotland), in the definitions which include “statutory undertakers” and “statutory undertaking”, after the words “of 1947” are inserted the words “(but “statutory undertakers” and “statutory undertaking” do not include a universal service provider within the meaning of the Postal Services Act 2000 and his undertaking).”.

Section 17Criminal Justice Act 1961

In section 23(2) of the Criminal Justice Act 1961 (prison rules) for the words “through the post office” are substituted the words “by post”.

Section 18Public Health Act 1961

In Schedule 4 to the Public Health Act 1961 (attachment of street lighting equipment to certain buildings) for the words “the Post Office” are substituted the words “a 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 that act)”.

Section 19Recorded Delivery Service Act 1962

In section 1(6) of the Recorded Delivery Service Act 1962 (provisions relating to recorded delivery not to authorise the sending of prohibited articles) for the words “under the Post Office Act 1953 or any instrument thereunder” are substituted the words “by virtue of the Postal Services Act 2000 or the terms and conditions of the service concerned”.

Section 20Electoral Law Act (Northern Ireland) 1962

In section 53 of the Electoral Law Act (Northern Ireland) 1962 (right to send election address post free)—

(a) in subsection (1)—

(i) for the words “regulations of the Postmaster General” are substituted the words “such reasonable terms and conditions as the universal service provider may specify”; and

(ii) after the word “postage” are inserted the words “which would otherwise be made by a universal service provider”;

(b) in subsection (2) for the words “the Postmaster General” are substituted the words “the universal service provider concerned”; and

(c) after subsection (3) there is inserted—

(4) In this section “universal service provider” has the same meaning as in the Postal Services Act 2000.

Section 21Recorded Delivery Service Act (Northern Ireland) 1963

In section 1(5) of the Recorded Delivery Service Act (Northern Ireland) 1963 (provisions relating to recorded delivery not to authorise the sending of prohibited articles) for the words “under the Post Office Act 1953 or any instrument thereunder” are substituted the words “by virtue of the Postal Services Act 2000 or the terms and conditions of the service concerned”.

Section 22Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963

In article 5(c) of the Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963 (exceptions to article 4) for the words “section 87 of the Post Office Act 1953” are substituted the words “section 125(1) of the Postal Services Act 2000”.

Section 23Forestry Act 1967

After section 40(2)(d) of the Forestry Act 1967 (land not subject to compulsory purchase under the Act) is inserted—

(e) land held or used by a universal service provider (within the meaning of the Postal Services Act 2000) for any purpose in connection with the provision of a universal postal service (within the meaning of that Act).

Section 24Carriage by Air Acts (Application of Provisions) Order 1967

In Schedule 1 to the Carriage of Air Acts (Application of Provisions) Order 1967 (non-international carriage and carriage of mail and postal packages)—

(a) in Part II, in paragraph (9), for the words from “the Postmaster General” to “postal services” are substituted the words “a 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 that Act)”; and

(b) in Part IIIB, in Article XI, for the words from “the Postmaster General” to “postal services” are substituted the words “a 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 that Act)”.

Section 25National Loans Act 1968

In section 12(5)(a) of the National Loans Act 1968 (power of Treasury to borrow)—

(a) for the words “Post Office”, where they appear for the first time, are substituted the words “Post Office company (within the meaning of Part IV of the Postal Services Act 2000) or any subsidiary or wholly-owned subsidiary (within the meanings given by section 736 of the Companies Act 1985) of the Post Office company”; and

(b) for the words “Post Office”, where they appear for the second time, are substituted the words “Post Office company or any such subsidiary”.

Section 26Post Office Act 1969

(1) The Post Office Act 1969 is amended as follows.

(2) After section 135(1) (remuneration of Post Office company for issuing dog and game licences in England and Wales) is inserted—

(1A) In subsection (1) above “the Post Office company” has the same meaning as in Part IV of the Postal Services Act 2000.

(3) In paragraph 93(1) of Schedule 4 (statutory undertakers for certain purposes)—

(a) for the words “The authority” are substituted the words “A 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)”;

(b) for the words “statutory undertakers” are substituted the words “a statutory undertaker”; and

(c) for the words “its undertaking” are substituted the words “his undertaking so far as relating to the provision of a universal postal service”.

(4) In paragraph 93(2) of Schedule 4 (meaning of “appropriate Minister”) for the words “the authority” are substituted the words “a universal service provider (within the meaning of the Postal Services Act 2000)”.

(5) In paragraph 93(4) of Schedule 4 (meaning of “operational land” in certain enactments)—

(a) for the words “the authority” are substituted the words “a universal service provider (within the meaning of the Postal Services Act 2000)”;

(b) for the word “its” is substituted the word “his”; and

(c) for the words “the authority's” are substituted the words “a universal service provider's”.

Section 27Drainage Rates (Appeals) Regulations 1970

(1) Regulation 5 of the Drainage Rates (Appeals) Regulations 1970 (hereditaments occupied for purposes of extensive undertakings) is amended as follows.

(2) In paragraph (2)(a) for the words “for the purposes of the Post Office” are substituted the words “by a universal service provider for any purpose in connection with the provision of a universal postal service”.

(3) In paragraph (4), at the appropriate place, is inserted

and;

“universal service provider” has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act;

Section 28Secretary of State for the Environment Order 1970

(1) Schedule 3 to the Secretary of State for the Environmental Order 1970 (amendments and adaptations of enactments) is amended as follows.

(2) In paragraph 11(3)(c) (enactments relating to docks and harbours) for the words “the Post Office” are substituted the words “a 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 that Act)”.

(3) In paragraph 21(1) (the Pipe-lines Act 1962) for the words “the Post Office” are substituted the words “a 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 that Act)”.

Section 29Pensions (Increase) Act 1971

After paragraph 3 of Schedule 3 to the Pensions (Increase) Act 1971 (pensions of former civil servants payable by Post Office company) is inserted—

(3A) In paragraph 3 above “the Post Office company” has the same meaning as in Part IV of the Postal Services Act 2000.

Section 30Public Health (Aircraft) Regulations (Northern Ireland) 1971

In regulation 35 of the Public Health (Aircraft) Regulations (Northern Ireland) 1971 (saving for mails)—

(a) for the words “the Post Office” are substituted the words “a 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 that Act)”; and

(b) for the words “Post Office Act 1953, as amended by Part II of Schedule 4 to the Post Office Act 1969” are substituted the words “Postal Services Act 2000”.

Section 31Public Health (Ships) Regulations (Northern Ireland) 1971

In regulation 42 of the Public Health (Ships) Regulations (Northern Ireland) 1971 (saving for mails)—

(a) for the words “the Post Office” are substituted the words “a 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 that Act)”; and

(b) for the words “Post Office Act 1953, as amended by Part II of Schedule 4 to the Post Office Act 1969” are substituted the words “Postal Services Act 2000”.

Section 32Civil Defence (Posts and Telecommunications) Regulations 1971

(1) The Civil Defence (Posts and Telecommunications) Regulations 1971 are amended as follows.

(2) Regulation 2—

(a) in paragraph (1) for the words ““the Post Office” has the meaning assigned to it in section 6 of the Post Office Act 1969” are substituted the words ““a universal service provider” has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act”; and

(b) after paragraph (1) is inserted—

(1A) In these regulations, except where the context otherwise requires, the undertaking of a universal service provider shall be taken to be his undertaking so far as it relates to the provision of a universal postal service.

(3) In regulation 4—

(a) for the words “the Post Office” are substituted the words “a universal service provider”;

(b) for the words “requiring it” are substituted the words “requiring him”;

(c) in paragraph (a) for the word “it” is substituted the word “he”;

(d) in that paragraph for the word “its” is substituted the word “his”; and

(e) in paragraph (b) for the word “it” is substituted the word “his”.

(4) In regulation 5(1)—

(a) for the words “the Post Office” are substituted the words “a universal service provider”; and

(b) for the word “its” is substituted the word “his”.

Section 33Road Vehicles (Registration and Licensing) Regulations 1971

In regulation 16(1) of the Road Vehicles (Registration and Licensing) Regulations 1971 (exhibition of licences)—

(a) for the words “any post office” are substituted the words “any postal operator (within the meaning of the Postal Services Act 2000)”; and

(b) for the words “Post Office” are substituted the words “postal operator concerned”.

Section 34Misuse of Drugs (Safe Custody) (Northern Ireland) Regulations 1973

In regulation 5(2) of the Misuse of Drugs (Safe Custody)(Northern Ireland) Regulations 1973 for the words “the Post Office” are substituted the words “a postal operator (within the meaning given by section 125(1) of the Postal Services Act 2000)”.

Section 35Post Office Operational Land Regulations 1973

In regulation 2 of the Post Office Operational Land Regulations 1973 —

(a) for the words “the Post Office”, where they appear for the second time, are substituted the words “a universal service provider (within the meaning of the Postal Services Act 2000)”;

(b) for the words “the Post Office”, where they appear for the third time, are substituted the words “a universal service provider”;

(c) for the word “it”, in both places where it appears, is substituted the word “him”; and

(d) after the word “purposes” are inserted the words “in connection with the provision of a universal postal service (within the meaning of the Postal Services Act 2000)”.

Section 36Walkways Regulations 1973

(1) The Walkways Regulations 1973 are amended as follows.

(2) In regulation 1(2) (commencement, citation and interpretation), at the appropriate place, is inserted—

“universal service provider” has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act;

(3) In regulation 4 (rights of statutory undertakers etc.)—

(a) in paragraph (1) for the words “the Post Office” are substituted the words “a universal service provider in his capacity as a person who provides a universal postal service”; and

(b) in paragraph (2) for the words “the Post Office” are substituted the words “a universal service provider in his capacity as a person who provides a universal postal service”.

(4) In regulation 5 (periodic and temporary closure of walkways)—

(a) in paragraph (3)(a) for the words “the Post Office” are substituted the words “a universal service provider in his capacity as a person who provides a universal postal service”; and

(b) in paragraph (5) for the words “the Post Office” are substituted the words “a universal service provider in connection with the provision of a universal postal service”.

(5) In regulation 6(2)(b) (stopping up of walkway by building owner) for the words “the Post Office” are substituted the words “a universal service provider in his capacity as a person who provides a universal postal service”.

(6) In paragraph (1) of regulation 7 (apparatus of statutory undertakers etc. in stopped up walkway)—

(a) for the words “the Post Office”, where they appear for the first time, are substituted the words “a universal service provider in connection with the provision of a universal postal service”; and

(b) for the words “the Post Office”, where they appear for the second time, are substituted the words “the universal service provider concerned”.

(7) In paragraph (5) of that regulation for the words “the Post Office” are substituted the words “a universal service provider in his capacity as a person who provides a universal postal service”.

Section 37Misuse of Drugs (Safe Custody) Regulations 1973

In regulation 5(2)(c) of the Misuse of Drugs (Safe Custody) Regulations 1973 for the words “the Post Office” are substituted the words “a postal operator (within the meaning of the Postal Services Act 2000)”.

Section 38Control of Pollution Act 1974

In section 73(1) of the Control of Pollution Act 1974 (interpretation), in the definition of “statutory undertakers”, for the words “the Post Office” are substituted the words “a universal service provider (within the meaning of the Postal Services Act 2000) in his capacity as a person who provides a universal postal service (within the meaning of that Act)”.

Section 39Solicitors Act 1974

(1) Paragraph 10 of Schedule 1 to the Solicitors Act 1974 (power of High Court to re-direct mail of solicitor) is amended as follows.

(2) In sub-paragraph (1) for the words “section 87(1) of the Post Office Act 1953” are substituted the words “section 125(1) of the Postal Services Act 2000”.

(3) In sub-paragraph (2)—

(a) for the words “Post Office”, where they first appear, are substituted the words “postal operator (as defined by section 125(1) of the Postal Services Act 2000) concerned”; and

(b) for the words “Post Office”, where they appear for the third time, are substituted the words “postal operator”.

Section 40Welsh Development Agency Act 1975

(1) Section 27 of the Welsh Development Agency Act 1975 is amended as follows.

(2) In subsection (1) (definitions)—

(a) in the definition of “statutory undertakers”, for the words “the Post Office” are substituted the words “any universal service provider in connection with the provision of a universal postal service”; and

(b) at the appropriate place is inserted—

“universal service provider” has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act;

(3) After subsection (1) is inserted—

(1A) The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

Section 41Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

In article 3(b) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 after the words “the United Kingdom Atomic Energy Authority,” is inserted the word “or”.

Section 42Local Government (Miscellaneous Provisions) Act 1976

(1) The Local Government (Miscellaneous Provisions) Act 1976 is amended as follows.

(2) In section 44(1) (interpretation etc. of Part 1)—

(a) in the definition of “statutory undertakers”, for the words “the Post Office” are substituted the words “a universal service provider in connection with the provision of a universal postal service”; and

(b) at the appropriate place is inserted—

“universal service provider” has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act.

(3) After section 44(1) is inserted—

(IZA) The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Part; and references in this Part to his undertaking shall be construed accordingly.

Section 43Solicitors (Northern Ireland) Order 1976

(1) The Solicitors (Northern Ireland) Order 1976 is amended as follows.

(2) In Schedule 1, in paragraph 15 (re-direction of postal packets), in sub-paragraph (1), for the words “section 87(1) of the Post Office Act 1953” are substituted the words “section 125(1) of the Postal Services Act 2000”.

(3) In sub-paragraph (2)—

(a) for the words “Post Office”, where they first appear, are substituted the words “postal operator (as defined by section 125(1) of the Postal Services Act 2000) concerned”; and

(b) for the words “Post Office”, where they appear for the third time, are substituted the words “postal operator”.

Section 44Credit Unions Act 1979

In section 31(1) of the Credit Unions Act 1979 (interpretation), in the definition of “authorised bank”, at the end of paragraph (a), is inserted the word “and”.

Section 45Ancient Monuments and Archaeological Areas Act 1979

Section 61 of the Ancient Monuments and Archaeological Areas Act 1979 (interpretation) is amended as follows.

(2) In subsection (1) (definitions) at the appropriate place is inserted—

“universal postal service provider” means a universal service provider within the meaning of the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act.

(3) In subsection (2) (definition of “statutory undertakers”) for the words “the Post Office” are substituted the words “a universal postal service provider in connection with the provision of a universal postal service”.

(4) After subsection (2) is inserted—

(2A) The undertaking of a universal postal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

149 sections

Cite this legislation

The Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2001-1149

Contains public sector information licensed under the Open Government Licence v3.0.

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