The Postal Services Act 2000 (Commencement No. 3 and Transitional and Saving Provisions) Order 2001

• Citation: S.I. 2001/878
• Sections: 17

Section 1 Citation and interpretation

(1) This Order may be cited as the Postal Services Act 2000 (Commencement No. 3 and Transitional and Saving Provisions) Order 2001.

(2) In this Order—

“ the Act ” means the Postal Services Act 2000;

“the 1953 Act ” means the Post Office Act 1953 ; and

“the successor postal services company” means the company carrying on the business of providing postal services which was formerly carried on by the Post Office.

(3) In this Order a postal packet is to be treated as posted—

(a) on or after 26th March 2001, if it is delivered to a public post office or post office letter box on or after 26th March 2001, or it is delivered to a post office letter box before that date, but after the last collection of postal packets from that post office letter box by a postal operator before 26th March 2001;

(b) before 26th March 2001, if it is delivered to a public post office before 26th March 2001, or it is delivered to a post office letter box before 26th March 2001 provided that it is delivered to that post office letter box before the last collection of postal packets from that post office letter box by a postal operator before 26th March 2001.

Section 2 Commencement

Subject to articles 3 to 17, the provisions of the Act specified in the Schedule to this Order shall come into force, in so far as is specified in that Schedule, on 26th March 2001.

Section 3 Transitional and saving provisions

Section 8(3) of the 1953 Act (conditions of transit of postal packets) shall apply on and after 26th March 2001 for the purpose of section 26(6) of the 1953 Act as if the reference in section 8(3) to the Post Office were a reference to the successor postal services company.

Section 4 Transitional and saving provisions

Sections 11 (prohibition on sending by post of certain articles), 52 (stealing mail bag or postal packet) and 54 (receipt of stolen mail bag or postal packet) of the 1953 Act shall apply in respect of a postal packet posted before 26th March 2001.

Section 5 Transitional and saving provisions

A reference in section 11 of the 1953 Act to the Post Office shall be read as including a reference to the successor postal services company and the reference in that section to a scheme under section 28 of the Post Office Act 1969 (schemes for determining charges and other terms and conditions applicable to services) shall be read as including a reference to a scheme under section 89 of the Act (schemes as to terms and conditions for provision of a universal postal service).

Section 6 Transitional and saving provisions

Section 25 of the 1953 Act (outward bound ships) shall apply in respect of a mail bag tendered before 26th March 2001 to the master of a ship outward bound.

Section 7 Transitional and saving provisions

Section 26 of the 1953 Act (inward bound ships and aircraft) shall apply in respect of a postal packet which was within the exclusive privilege of the Post Office before 26th March 2001 and which was taken on board a ship or aircraft before 26th March 2001; and the references in section 26(2) to the Post Office shall be read as including references to the successor postal services company.

Section 8 Transitional and saving provisions

Section 27 of the 1953 Act (owners' letters) shall apply in respect of a letter to which section 27(2) applied before 26th March 2001 and the reference in section 27(2) to the Post Office shall be read as including a reference to the successor postal services company.

Section 9 Transitional and saving provisions

Section 28 of the 1953 Act (retention of postal packets after delivery of part thereof to Post Office) shall apply to a postal packet which was within the exclusive privilege of the Post Office before 26th March 2001 and was on board a ship or aircraft inward bound before 26th March 2001 and the second and third references in section 28 to the Post Office shall include a reference to the successor postal services company.

Section 10 Transitional and saving provisions

Section 32 of the 1953 Act (penalty for opening of mail bag by master or commander of ship or aircraft) shall apply to a mail bag entrusted to the master of a ship or the commander of an aircraft before 26th March 2001 and the reference in section 32(2) to the Post Office shall be read as including a reference to the successor postal services company.

Section 11 Transitional and saving provisions

Section 63 of the 1953 Act (prohibition of fictitious stamps) shall continue to apply for the purposes of section 10(1) of the National Debt Act 1972 (national savings stamps and gift tokens), paragraph 8 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 , paragraphs 12 to 17 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992 , paragraph 8 of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 , paragraphs 12 to 17 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992 and the National Savings Stamps Regulations 1969 .

Section 12 Transitional and saving provisions

Section 68 of the 1953 Act (endeavouring to procure the commission of any felony or misdemeanour) shall apply in respect of an offence committed before 26th March 2001 and an offence committed in respect of a postal packet posted before 26th March 2001.

Section 13 Transitional and saving provisions

Section 69 of the 1953 Act (summary proceedings) shall apply in respect of an offence committed before 26th March 2001 and an offence committed in respect of a postal packet posted before 26th March 2001.

Section 14 Transitional and saving provisions

Section 72 of the 1953 Act (evidence of a thing being a postal packet and of consent of Postmaster-General to prosecution) shall apply in respect of an offence committed before 26th March 2001 and an offence committed in respect of a postal packet posted before 26th March 2001 and the reference in section 72(1) to the Post Office shall be read as including a reference to the successor postal services company.

Section 15 Transitional and saving provisions

Section 85 of the Act (prohibition on sending certain articles by post) shall apply in respect of a postal packet posted on or after 26th March 2001.

Section 16 Transitional and saving provisions

Section 109 of the Act (evidence of thing being a postal packet) shall apply in respect of a postal packet posted on or after 26th March 2001.

Section 17 Transitional and saving provisions

Nothing in this Order shall be taken as conferring on the Post Office a power or duty in respect of the period commencing on 26th March 2001.