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

• Citation: S.I. 2001/648
• Sections: 18

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Postal Services Act 2000 (Consequential Modifications to Local Enactments No. 1) Order 2001 and shall come into force on 26th March 2001.

(2) Any modification by this Order of an enactment has the same extent as the enactment modified.

Section 2 Compulsory powers requiring the consent of the Postmaster General or Post Office

Any benefit conferred on the Post Office by virtue of paragraph 100 of Schedule 4 to the Post Office Act 1969 shall from 26th March 2001 be conferred on any universal service provider who uses or holds, in connection with the provision of a universal postal service, any land to which that paragraph applied.

Section 3 Traffic orders

(1) Any reference in any Order made or construed as having been made under the Road Traffic Regulation Act 1984 to a Post Office vehicle or vehicle bearing Royal Mail livery which is carrying out functions in pursuance of any statutory duty of the Post Office shall be construed as follows.

(2) Any reference to Post Office vehicle shall be deemed to be a reference to a vehicle of a universal service provider.

(3) Any reference to a vehicle bearing Royal Mail livery shall be deemed to include a reference to a vehicle bearing a livery which is used by a universal service provider.

(4) Any reference to the carrying out of a statutory duty of the Post Office shall be deemed to be a reference to the provision of a universal postal service.

Section 4 Other modifications of enactments

(1) The amendments specified in the Schedule 1 to this Order shall have effect.

(2) The repeals and revocation specified in Schedule 2 to this Order shall have effect.

Section 1

In section 89 of the London County Council (General Powers) Act 1957 (Crown rights)—

(a) for the words “the Postmaster-General in trust for Her Majesty for the purposes of 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 “the Post Office”, where they appear for the second time, are substituted the words “that universal service provider”.

Section 2

(1) Section 81 of the Tees and Hartlepool Port Authority Act 1966 (Crown exemptions from charges) is amended as follows.

(2) In subsection (1)(a)(iii)—

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

(b) for the words “the Post Office Act 1953” are substituted the words “the Postal Services Act 2000”.

(3) In subsection (1)(c) for the words “mailbag as defined by the Post Office Act, 1953” are substituted the words “mail-bag within the meaning of the Postal Services Act 2000”.

Section 3

In section 4 of the City of London (Various Powers) Act 1967 (interpretation for Part II of the Act) in the definition of “statutory undertakers” for the words “the Postmaster General” are substituted the words “a universal service provider (within the meaning of the Postal Services Act 2000)”.

Section 4

In section 9 of the Greater London Council (General Powers) Act 1969 (interpretation of Part III) in the definition of “statutory undertakers” for the words “the Postmaster General” are substituted the words “a universal service provider (within the meaning of the Postal Services Act 2000)”.

Section 5

(1) The Greater London Council (General Powers) Act 1970 is amended as follows.

(2) In section 11(6) (miscellaneous amendments of Part III of Act of 1969) for the words “the Post Office” are substituted the words “a universal service provider (within the meaning of the Postal Service Act 2000”.

(3) In section 15 (licence to erect scaffolding) in subsection (6)(b) for the words “the Post Office” are substituted the words “a universal service provider (within the meaning of the Postal Services Act 2000)”.

Section 6

(1) Section 20 of the Isle of Wight County Council Act 1971 (power to Council to assist industry) is amended as follows.

(2) In paragraph (a) of the proviso—

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

(b) after the words “provide or improve” are inserted the words “in connection with the provision of a universal postal service (within the meaning of that Act)”; and

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

(3) In paragraph (b) of the proviso, for the words “the Post Office” are substituted the words “a universal service provider”.

Section 7

(1) The Thames Barrier and Flood Prevention Act 1972 is amended as follows.

(2) In section 25 (provisions as to dredging, etc. ) after subsection (4)(b)(i) the word “or” is inserted.

(3) In section 60(4)(b) (temporary stopping up of watercourse, highways, etc ) in the definition of “apparatus” after subparagraph (i) the word “or” is inserted.

Section 8

In section 3 of the Morpeth Common Act 1974 (protection of Morpeth Common) in subsection (3) of the proviso 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 9

In section 2 of the West Midlands County Council Act 1980 (interpretation) in subsection (1) 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 connection with the provision of a universal postal service (within the meaning of that Act)”.

Section 10

In section 2 of the Derbyshire Act 1981 (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 connection with the provision of a universal postal service (within the meaning of that Act)”.

Section 11

(1) Section 18 of the Greater London Council (General Powers) Act 1981 (stopping up of streets) is amended as follows.

(2) In subsection (3) for the words “the Post Office” are substituted the words “any universal service provider (within the meaning of the Postal Services Act 2000) who provides a universal postal service (within the meaning of that Act) in an area which includes the street or part thereof to which the order applies”.

(3) In subsection (8) for the words “the Post Office” are substituted the words “any universal service provider (within the meaning of the Postal Services Act 2000) who requires such access in connection with the provision of a universal postal service (within the meaning of that Act)”.

(4) In subsection (9)(a) for the words “the Post Office” are substituted the words “any universal service provider (within the meaning of the Postal Services Act 2000) who provides a universal postal service (within the meaning of that Act) in an area which includes the street or part of a street concerned”.

Section 12

After section 25(7) of the County of Cleveland Act 1987 (traffic regulation during carnivals etc.) is inserted—

(7A) In subsections (6) and (7) “statutory undertaker” and “statutory undertakers” include 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 13

In section 21 of the Dyfed Act 1987 (exemption from tolls) in subsection (2)(b) for the words “mail bag as defined by the Post Office Act 1953” are substituted the words “mail-bag within the meaning of the Postal Services Act 2000”.

Section 14

In section 17A(3) of the Greater London Authority Act 1999 (free delivery of election addresses) for the words “the Post Office” are substituted the words “a universal service provider (within the meaning of the Postal Services Act 2000)”.