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(1) This order may be cited as the Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011.
(2) This Order comes into force on 1st October 2011.
(3) Any modification by this Order of an enactment has the same extent as the enactment modified.
Any enactment which refers to the exercise of the statutory duty of the Post Office for the purpose of collecting or delivering mail is to be construed as if it made corresponding provision in relation to the exercise of the duty by a universal service provider within the meaning of Part 3 of the Postal Services Act 2011.
(1) Article 2 of the Postal Services Act 2000 (Consequential Modifications to Local Enactments) Order 2003 is revoked.
(2) Any provision of the Post Office Extension Act 1865 , the Post Office (London) Railway Act 1913 and the Post Office (Site and Railway) Act 1954 which was in force immediately before this Order comes into force and contained references to the Post Office company (including references which have effect as such references) so far as necessary for preserving its effect on and after that day, is to have effect as if those references were references to a Royal Mail company.
(3) Anything which by virtue of this article must be done by or in relation to a Royal Mail company, so far as the context permits, is to be taken as so done if it is done by or in relation to any of them.
(4) In the Acts to which this article applies reference to the purpose or purposes of the Post Office is to be construed as references to the purpose or purposes of the businesses of a Royal Mail company so far as those businesses relate to the provision of postal services.
(5) In this article a “ Royal Mail company ” has the same meaning as in Part 1 of the Postal Services Act 2011.
(1) Article 2 of the Postal Services Act (Consequential Modifications) Order 2003 is revoked.
(2) Any provision of the Post Office Works Act 1959 or the Post Office Subway Act 1966 , which was in force immediately before the day on which this article comes into force and contained references to the Post Office company (including references which have effect as such references) so far as necessary for preserving its effect on and after that day, is to have effect as if those references were references to a Royal Mail company.
(3) Anything which by virtue of this article must be done by or in relation to a Royal Mail company, so far as the context permits, is to be taken as done if it is done by or in relation to one of them.
(4) In the Post Office Subway Act 1966 references to the purpose or purposes of the Royal Mail company are to be construed as references to the purpose or purposes of the businesses of a Royal Mail company so far as those businesses relate to the provision of postal services.
(5) In this article, a “ Royal Mail company ” has the same meaning as in Part 1 of the Postal Services Act 2011.
(1) The amendments specified in Schedule 1 have effect.
(2) The repeals and revocations specified in Schedule 2 have effect.
In section 9 of the Agricultural Credits (Scotland) Act 1929 (interpretation) in the definition of “Bank” for paragraph (d) substitute “ a Post Office company within the meaning of Part 1 of the Postal Services Act 2011 in the exercise of its powers to provide banking services ” .
In section 2(3) of the Motor Vehicles and Road Traffic Act (Northern Ireland) 1930 (conveyance of mails by public service vehicles), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In section 130(1) of the Electoral Law Act (Northern Ireland) 1962 in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In section 81(1)(a)(iii) of the Tees and Hartlepool Port Authority Act 1966 (Crown exemptions from charges), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In regulation 5(4) of the Drainage Rates (Appeals) Regulations 1970 (hereditaments occupied for purposes of extensive undertakings)—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In section 20 of the Isle of Wight County Council Act 1971 (power to Council to assist industry), in paragraph (a) of the proviso—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In regulation 2 of the Post Office Operational Land Regulations 1973 for the words “the Postal Services Act 2000” where they occur substitute “ Part 3 of the Postal Services Act 2011 ” .
In regulation 1(2) of the Walkways Regulations 1973 (commencement, citation and interpretation), in the definition of “universal service provider”—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In regulation 5(2)(c) of the Misuse of Drugs (Safe Custody) Regulations 1973 for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In section 3 of the Morpeth Common Act 1974 (protection of Morpeth Common) in subsection (3) of the proviso—
(a) for “the meaning of the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In section 2 of the Greater London Council (General Powers) Act 1974 (interpretation), in the definition of “statutory undertaker” for “the Post Office” substitute “ a universal service provider within the meaning of Part 3 of the Postal Services Act 2011 ” .
In Schedule 1, in paragraph 15(2) of the Solicitors (Northern Ireland) Order 1976 (re-direction of postal packets) for “section 125(1) of the Postal Services Act 2000” substitute “ section 27 of the Postal Services Act 2011 ” .
In section 2 of the West Midlands County Council Act 1980 (interpretation) in subsection (1) in the definition of “statutory undertakers”—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In section 2 of the Derbyshire Act 1981 (interpretation) in the definition of “statutory undertakers”—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In article 2 of the Parliamentary Writs Order 1983 (interpretation), in the definition of “the relevant universal postal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In article 2(2) of the Access to the Countryside (Northern Ireland) Order 1983 (interpretation) in the definition of “statutory undertakers”—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In the first column of Schedule 5 to the Road Traffic Regulation Act 1984 (buildings in relation to which a Secretary of State is the appropriate authority for purposes of section 74), for paragraph 6 substitute—
(6) A building owned by—
(a) a Post Office company (within the meaning of Part 1 of the Postal Services Act 2011), or
(b) a company which is a universal service provider (within the meaning of Part 3 of that Act),
where (in each case) more than half of the company's issued share capital is owned by the Crown (within the meaning of Part 1 of that Act).
(1) The Postal Packets (Customs and Excise) Regulations 1986 are amended as follows.
(2) In regulation 2(a)—
(a) for “ “ post office ”, “ postal operator ” and “ registered post service ” have the same meaning as in the Postal Services Act 2000” substitute “ “ post office ” and “ registered post service ” have the same meaning as in the Postal Services Act 2000”;
(b) before the definition of “postal packet” insert “ “ postal operator ” has the same meaning as in Part 3 of the Postal Services Act 2011 ” ;
(c) in the definition of “postal packet”—
(i) for the words “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(ii) for “that Act” substitute “ that Part ” .
(3) In regulation 9(1) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In article 16(8) of the Mental Health (Northern Ireland) Order 1986 (correspondence of detained patients) for “the Postal Services Act 2000” substitute “ the Postal Services Act 2011 ” .
In the table in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 (interpretation) in the meaning specified in column 2 for the expression “public works vehicle” specified in column 1—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In form 6.80 in Schedule 4 to the Insolvency Rules 1986 (order to Post Office), for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In section 25(7A) of the County of Cleveland Act 1987 (traffic regulation during carnivals etc. )—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
(1) The Insolvency (Northern Ireland) Order 1989 is amended as follows.
(2) In article 342(1) (re-direction of bankrupt's letters, etc.)—
(a) for “given by section 125(1) of the Postal Services Act 2000” substitute “ of Part 3 of the Postal Services Act 2011 ” ;
(b) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
(3) In paragraph 10(1) of Schedule 1A (Exceptions to prohibition on appointment of administrative receiver supplementary provisions)—
(a) in sub-paragraph (d) for “given by section 4(3) and (4) of the Postal Services Act 2000 (c.26)” substitute “ of Part 3 of the Postal Services Act 2011 (c.5) ” ;
(b) for sub-paragraph (e) substitute
(e) by a Post Office company within the meaning of Part 1 of that Act; or
(c) omit paragraph (f).
In section 16 of the Nottingham Park Estate Act 1990 (local land charge)—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In article 2(2) of the Planning (Northern Ireland) Order 1991 (interpretation), in the definition of “statutory undertaker”—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
(1) The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 is amended as follows.
(2) In article 2(1) (interpretation) in the definition of “statutory undertaker”—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
(3) In paragraph 43 of Schedule 1 (Classes of Permitted Development)—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In article 2(2)(a) of the Roads (Northern Ireland) Order 1993 (interpretation) in the definition of “statutory undertaker”—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
(1) The Value Added Tax Act 1994 is amended as follows—
(2) In Group 8 of Schedule 8 (zero-rating: transport), in Note (4E), in the definition of “universal service provider”, for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
(3) In Group 3 of Schedule 9 (exemptions: postal services)—
(a) omit Note (1);
(b) in Note (2), for “a licence duty” substitute “ a specified condition ” ;
(c) in Note (3), for the words from “postal facilities” to the end substitute “ postal network (within the meaning of section 38 of the Postal Services Act 2011) and which are required to be provided by a specified condition ” ;
(d) in Note (4)(a), for “a licence” substitute “ a specified condition ” ;
(e) in Note (5)—
(i) for “a licence duty” substitute “ a specified condition ” , and
(ii) for “the licence” substitute “ the condition ” ;
(f) for Note (6) substitute—
(6) In this Group “ specified condition ” means a designated USP condition, a USP access condition or a transitory condition under paragraph 5 of Schedule 9 to the Postal Services Act 2011 which is imposed only on a universal service provider.
(7) Any expression which is used in this Group and in Part 3 of the Postal Services Act 2011 has the same meaning in this Group as in that Part.
In the Schedule to the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 (prescribed prosecuting authority)—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
(1) The Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.
(2) In article 1(2) (citation, commencement and interpretation) in the definition of “statutory undertaker”—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
(3) In Part 17 of Schedule 2 (Development by statutory undertakers) in “Class J”—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In regulation 2(1) of the Value Added Tax Regulations 1995 (interpretation - general)—
(a) in the definition of “datapost packet”—
(i) for “the Post Office company” wherever it appears substitute “ a universal service provider ” ;
(ii) for “that company” substitute “ that universal service provider ” ;
(b) omit the definition of “the Post Office company”;
(c) insert in the appropriate place—
“ postal packet ” has the same meaning as in Part 3 of the Postal Services Act 2011”;
“ post office ” has the same meaning as in section 125(1) of the Postal Services Act 2000”;
“ universal service provider ” means a person who provides a universal postal service (within the meaning of Part 3 of the Postal Services Act 2011) or part of such a service, in the United Kingdom”.
In regulation 25 of the Public Service Vehicles (Operators' Licences) Regulations 1995 (Universal Service Providers)—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
The Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996 is amended as follows.
(1) In article 2 of the Provisional Order contained within the Schedule—
(a) in the definition of “universal service provider” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) in the definition of “the universal service provider concerned” for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In paragraph 35(5) in the Schedule to the Deregulation (Model Appeal Provisions) Order 1996 for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In rule 35(2) of the Reserve Forces Appeal Tribunals Rules 1997 (method of sending delivering or serving documents etc.) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In regulation 4(2)(g) of the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 (disapplication of the regulations)—
(a) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” ;
(b) for “that Act” substitute “ that Part ” .
In regulation 19(2) of the National Lottery (Imposition of Penalties and Revocation of Licences) Procedure Regulations 1999 (giving of notices) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In regulation 36(2) of the Education (Registered Inspectors of Schools Appeal Tribunal and Registered Nursery Education Inspectors Appeal Tribunal) (Procedure) Regulations 1999 (method of sending, delivering or serving documents, etc.) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In article 7 of the Visiting Forces and International Headquarters (Application of Law) Order 1999 (wireless telegraphy, postal service and telecommunications systems) omit paragraph (3).
(1) In regulation 2 of the Postal Services Regulations 1999 (the national regulatory authorities), in paragraph (1) for “the Postal Services Commission” substitute “ the Office of Communications ” .
(2) Omit regulation 3 (The Postal Services Commission) which makes amendments which are superseded by the Postal Services Act 2011.
In regulation 8(2) of the Data Protection (Notification and Notification Fees) Regulations 2000 (date of entry in the Register) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
(1) The Information Tribunal (National Security Appeals) (Telecommunications) Rules 2000 are amended as follows.
(2) In rule 5(4) (time limit for appealing) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
(3) In rule 13(2) (withdrawal of appeal) for “the Postal Services Act 2000” substitute “ Part 3 of the Postal Services Act 2011 ” .
In rule 8(11) of the Schedule to the General Chiropractic Council (Health Appeal Tribunal) Rules Order 2000 documents and evidence), for “the Post Office or other postal operator” substitute “ a postal operator within the meaning of Part 3 of the Postal Services Act 2011 ” .
In rule 7(8) of the Schedule to the General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000 (evidence), for “the Post Office or other postal operator” substitute “ a postal operator within the meaning of Part 3 of the Postal Services Act 2011 ” .
In rule 8(11) of the Schedule to the General Chiropractic Council (Health Committee) Rules Order of Council 2000 (documents and evidence), for “the Post Office or other postal operator” substitute “ a postal operator within the meaning of Part 3 of the Postal Services Act 2011 ” .
The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2011-2085
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