Postal Services Act 2000 (c. 26)

(The document as of February, 2008)

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(d) any licence holder under Part II who is not a universal service provider, and

(e) such other persons as the Commission considers appropriate.

(4) The Commission shall publish in such manner as it considers appropriate the code as for the time being in force.

The Council

51 Relevant postal issues

In this section and sections 52 to 57--

"relevant postal issues" means the interests of users of relevant postal services in the United Kingdom and matters affecting those interests,
"relevant postal services" means any postal services provided in connection with the provision of a universal postal service and any other postal services which are provided, or authorised or required to be provided, by a licence holder under Part II in accordance with a licence under that Part,

and, for this purpose, services are provided in accordance with a licence if the licence authorises or requires them to be provided by the licence holder.

52 Provision of advice and information to public authorities and licence holders

(1) The Council shall--

(a) provide advice and information,

(b) represent the views of users of relevant postal services, and

about relevant postal issues to any person mentioned in subsection (2).

(2) Those persons are--

(a) the Secretary of State, the Commission, the Competition Commission and any other public authority,

(b) any universal service provider,

(d) any other person whose activities may affect the interests of users of relevant postal services.

(3) So far as practicable the Council shall secure that no information relating to the affairs of a person is disclosed under this section to a person mentioned in subsection (2)(b) to (d) if the Council considers that its disclosure would or might seriously and prejudicially affect the interests of the person to whom it relates.

(4) Subsection (3) does not apply to any disclosure of information to which the person to whom the information relates consents.

53 Publication of information to users

(1) The Council shall make available to users of relevant postal services such information as it considers expedient to give to such users about--

(a) relevant postal services,

(b) relevant postal issues, and

(2) The Council may perform its function under subsection (1) by--

(a) publishing information in such form and manner as the Council considers appropriate, or

(b) furnishing any such information to any user of relevant postal services (whether in response to a request or otherwise).

(3) So far as practicable the Council shall secure that no information relating to the affairs of a person is disclosed under this section if the Council considers that its disclosure would or might seriously and prejudicially affect the interests of the person to whom it relates.

(4) Subsection (3) does not apply to any disclosure of information to which the person to whom the information relates consents.

54 Exercise of functions: general

(1) The Council shall, in exercising its functions in relation to relevant postal services, have regard to the interests of different users of relevant postal services (including, in particular, the interests of users in different areas).

(2) The Council shall, in exercising its functions, have regard to the interests of--

(a) individuals who are disabled or chronically sick,

(b) individuals of pensionable age,

(d) individuals residing in rural areas,

but that is not to be taken as implying that regard may not be had to the interests of other descriptions of persons.

(3) So far as the Council considers it practicable to do so with a view to facilitating the exercise of its functions, it shall collect and keep under review information about--

(a) the provision (in the United Kingdom and elsewhere) of postal services, and

(b) the interests and views of users of postal services in the United Kingdom and matters affecting those interests and views.

(4) As part of the arrangements it makes for exercising its functions, the Council--

(a) shall establish--

(i) a committee for Scotland,

(ii) a committee for Wales, and

(iii) a committee for Northern Ireland,

(b) may establish other committees for any areas within Scotland, Wales or Northern Ireland, and

(c) shall establish at least one committee, and may establish other committees, in relation to England (whether a committee for England or a committee for an area within England).

(5) The purposes of a committee established under subsection (4) (in this Act referred to as a "regional committee") shall be--

(a) the provision of advice and information to the Council about relevant postal issues affecting the area for which it is established, and

(b) such other purposes as the Council may determine.

(6) The Council shall maintain in each of England, Scotland, Wales and Northern Ireland at least one office at which users of relevant postal services may apply for information.

55 Annual and other reports: the Council

(1) The Council shall, as soon as practicable after the end of each financial year, make a report to the Secretary of State on its activities during that year ("the annual report").

(2) The Secretary of State shall--

(a) lay a copy of each annual report before each House of Parliament, and

(b) publish the report in such manner as he considers appropriate.

(3) The Council may prepare other reports in relation to any matter falling within the scope of its functions and may publish any such report in such manner as it considers appropriate.

(4) A report under this section shall contain such information as may be specified in any direction given to the Council by the Secretary of State.

(5) So far as practicable the Council shall secure the exclusion from any report under this section of any matter relating to the affairs of a person if the Council considers that its inclusion would or might seriously and prejudicially affect the person's interests.

(6) Subsection (5) does not apply if the person concerned consents to inclusion of the matter in the report.

56 Complaints referred to the Council

(1) Where a matter which relates to the provision of relevant postal services is referred to the Council by or on behalf of a user of such services and--

(a) the matter has previously been the subject of a complaint to the person providing the service concerned,

(b) the complaint has not been satisfactorily resolved, and

the Council shall investigate the matter as it considers appropriate.

(2) Where, as the result of any such investigation, the Council considers that--

(a) a condition of a licence under Part II may have been contravened,

(b) the matter referred, or any other matter, is a referable matter, or

it shall, as soon as practicable, refer the matter concerned to the Commission for its consideration.

(3) The Council and the Commission shall from time to time agree the descriptions of matters which are to be referred to the Commission and, for the purposes of subsection (2)(b), a matter is a "referable matter" if it is of a description for the time being so agreed.

57 Power of the Council to investigate other matters

(1) The Council may investigate--

(a) any matter (not being a matter which it is under a duty to investigate under section 56) which it considers to be a matter relating to the interests of users of relevant postal services, and

(b) any matter relating to the number and location of public post offices.

(2) The Council may send a report on any matter investigated under this section to--

(a) the Commission,

(b) the Secretary of State,

(d) any other public authority whose functions appear to the Council to be exercisable in relation to that matter.

(3) Subject to subsection (4), the Council may also--

(a) send a report on any such matter to any person who appears to the Council to have an interest in the matter, and

(b) publish any such report in such manner as the Council considers appropriate.

(4) So far as practicable the Council shall secure the exclusion from any report under subsection (3) of any matter relating to the affairs of a person if the Council considers that its inclusion would or might seriously and prejudicially affect the person's interests.

(5) Subsection (4) does not apply if the person concerned consents to inclusion of the matter in the report.

58 Power of the Council to require information

(1) The Council may serve notice on any person mentioned in subsection (2) requiring him--

(a) to supply to the Council such information specified or described in the notice as the Council may reasonably require in the exercise of its functions, and

(b) to supply it at a time and place and in a form and manner so specified and to a person so specified.

(2) The persons on whom a notice under subsection (1) may be served are--

(a) the Commission,

(b) a universal service provider,

(3) In deciding whether to serve a notice under this section and the contents of any such notice, the Council shall have regard to the desirability of minimising the costs of, and any other detriment to, the person on whom the notice may be, or is to be, served.

(4) Subject to subsections (5) to (7), a person on whom a notice is served under this section shall comply with the notice.

(5) The Commission may refuse to supply information required from it by a notice under this section if subsection (7) applies.

(6) A person falling within subsection (2)(b) or (c) may refuse to supply information required from him by a notice under this section if the Commission determines that he need not comply with the notice; and the Commission may so determine if subsection (7) applies.

(7) This subsection applies if the Commission considers that--

(a) the information concerned is not reasonably required by the Council in the exercise of its functions,

(b) the information concerned is of a description specified in an order made by the Secretary of State, or

(8) The Commission shall, if required by the Council to do so, give a statement to the Council of its reasons for--

(a) a refusal to supply information under this section,

(b) a determination under subsection (6),

and the Council may publish that statement in such manner as it considers appropriate.

(9) No person shall be required under this section--

(a) to produce any documents which he could not be compelled to produce in civil proceedings before the court, or

(b) to supply any information which he could not be compelled to supply in evidence in such proceedings.

(10) If a person makes default in complying with a notice under this section, the court may, on the application of the Council, make such order as the court considers appropriate for requiring the default to be made good.

(11) Any such order may, in particular, provide that all the costs or expenses of and incidental to the application shall be borne--

(a) by the person in default, or

(b) if officers of a company or other association are responsible for its default, by those officers.

(12) In this section, "the court"--

(a) in relation to England and Wales or Northern Ireland, means the High Court, and

(b) in relation to Scotland, means the Court of Session.

The Commission and the Council

59 Provision of information by the Council to the Commission

(1) The Council shall, as soon as practicable after being required to do so by the Commission, provide to the Commission such information relating to the exercise of the Commission's functions as the Commission may require.

(2) The Secretary of State may by order specify--

(a) descriptions of information which the Council may refuse to provide under this section, and

(b) circumstances in which the Council may refuse to provide information under this section.

(3) Where the Council refuses to provide any information under this section, it shall give notice to the Commission of the reason for its refusal and the Commission may publish that notice in such manner as it considers appropriate.

60 Memorandum of understanding

(1) The Commission and the Council shall make arrangements with a view to securing--

(a) co-operation and the exchange of information between them, and

(b) consistent treatment of matters which affect both of them.

(2) As soon as practicable after agreement is reached on those arrangements, the Commission and the Council shall prepare a memorandum setting them out and send a copy of it to the Secretary of State.

(3) Arrangements under this section shall be kept under review by the Commission and the Council.

(4) As soon as practicable after agreement is reached on any changes to those arrangements, the Commission and the Council shall revise their memorandum and send a copy of the revised memorandum to the Secretary of State.

(5) The Secretary of State shall lay before each House of Parliament a copy of any document received by him under this section.

61 Forward work programmes

(1) The Commission and the Council shall, before each financial year, each publish a document ("the forward work programme") containing a general description of the projects, other than those comprising routine activities in the exercise of its functions, which it plans to undertake during the year.

(2) That description shall, in particular, include--

(a) the objectives of each project, and

(b) an estimate of the overall expenditure which the Commission or the Council expects to incur during the year in undertaking the projects.

(3) Before publishing the forward work programme for any year, the Commission or the Council shall--

(a) give notice of the draft forward work programme, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(4) The notice shall--

(a) contain a draft of the forward work programme, and

(b) specify the period within which representations may be made about the proposals contained in it.

(5) A notice under this section shall be given by--

(a) serving a copy of the notice on the Secretary of State, and the Council or (as the case may be) the Commission, and

(b) publishing the notice in such manner as the Commission or (as the case may be) the Council considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

Part IV Reorganisation of the Post Office

Transfer of property etc.

62 Transfer of property etc. to nominated company

(1) On such day as the Secretary of State may by order appoint, all the property, rights and liabilities to which the Post Office was entitled or subject immediately before that day shall become by virtue of this section property, rights and liabilities of a company nominated for the purposes of this section by order of the Secretary of State.

(2) The Secretary of State may nominate for the purposes of this section any company formed and registered under the [1985 c. 6.] Companies Act 1985, subject to subsections (3) and (4).

(3) The Secretary of State shall consult the Post Office before nominating a company for the purposes of this section.

(4) On the appointed day the company concerned must be a company limited by shares which is wholly owned by the Crown.

(5) An order made under this section may be varied or revoked by a subsequent order at any time before any property, rights or liabilities of the Post Office vest in a company by virtue of this section.

(6) Schedule 3 (which makes supplementary provision) shall have effect.

(7) For the purposes of this Part a company shall be treated as wholly owned by the Crown at any time when each of the issued shares of the company is held by, or by a nominee of, the Treasury or the Secretary of State.

(8) In this Part--

"the appointed day" means the day appointed under this section, and
"the Post Office company" means the company nominated for the purposes of this section.

The Post Office company etc: government holdings

63 Government holding in the Post Office company and certain subsidiaries

(1) The Post Office company or any of its wholly owned subsidiaries shall issue such securities of the company or subsidiary concerned as the Secretary of State may direct.

(2) Subject to subsections (3) and (4), any such securities shall, as the Secretary of State may direct, be issued to the Treasury or the Secretary of State.

(3) If the Secretary of State gives a direction under subsection (1) for the purpose of requiring an issue of shares or share rights for which prior approval has been given in accordance with section 67, the shares or share rights concerned shall be issued to the person approved for that purpose in accordance with that section.

(4) If the Secretary of State gives a direction under subsection (1) for the purpose of requiring a relevant subsidiary to issue shares or share rights in it to the Post Office company or to another relevant subsidiary of which it is a subsidiary, the shares or share rights concerned shall be issued to the Post Office company or (as the case may be) to the other relevant subsidiary.

(5) The Secretary of State shall not give a direction under this section without the consent of the Treasury or at a time when the Post Office company is not wholly owned by the Crown.

(6) Securities to be issued in pursuance of this section shall be issued at such time or times, and (subject to subsection (7)) on such terms, as the Secretary of State may direct.

(7) Any shares issued in pursuance of this section--

(a) shall be of such nominal value as the Secretary of State may direct, and

(b) shall be issued as fully paid and treated for the purposes of the [1985 c. 6.] Companies Act 1985 or the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986 as if they had been paid up by virtue of payment of their nominal value in cash.

(8) In this Part "relevant subsidiary" means any subsidiary of the Post Office company which--

(a) delivers relevant postal packets in the United Kingdom,

(b) collects relevant postal packets from access points in the United Kingdom,

(d) provides a registered post service in the United Kingdom,

and any other subsidiary of the Post Office company which holds shares or share rights in, or is connected to, any such subsidiary.

(9) For the purposes of subsection (8), a subsidiary of the Post Office company is connected to another such subsidiary which falls within any of paragraphs (a) to (d) of that subsection ("the operating subsidiary") if it forms part of a chain of subsidiaries of the Post Office company which leads to the operating subsidiary and which is identified by the fact that each member of the chain holds shares or share rights in the next subsidiary in the chain.

(10) In subsection (8) "access point" and "relevant postal packets" have the same meaning as in section 4.

64 Government investment in securities of the Post Office company and its subsidiaries

(1) The Treasury or, with the consent of the Treasury, the Secretary of State may at any time acquire securities of the Post Office company or of any of its subsidiaries.

(2) The Secretary of State shall not, without the consent of the Treasury, dispose of any securities acquired by him in pursuance of this section.

(3) Subsection (2) does not apply to any disposal which is excepted from subsection (1) or (2) of section 66 by virtue of subsection (3) or (5) of that section.

The Post Office company etc: restrictions on dealings

65 Restriction on issue of shares to third parties

(1) No shares or share rights in the Post Office company shall be issued on or after the appointed day unless--

(a) they are issued to the Treasury, the Secretary of State or any nominee of either of them, or

(b) the issue is one for which prior approval has been given in accordance with section 67.

(2) No shares or share rights in any relevant subsidiary of the Post Office company shall be issued on or after the appointed day unless--

(a) they are issued to the Treasury, the Secretary of State or any nominee of either of them,

(b) they are issued to the Post Office company or any other relevant subsidiary of which the relevant subsidiary concerned is a subsidiary or any nominee of the Post Office company or of the other relevant subsidiary, or

66 Restriction on disposals of shares to third parties

(1) Neither the Treasury nor the Secretary of State nor any nominee of either of them shall, on or after the appointed day, dispose of any of the issued shares or any share rights in the Post Office company or any relevant subsidiary which are held by him.

(2) Neither the Post Office company nor any subsidiary of that company nor any nominee of the company or subsidiary shall, on or after the appointed day, dispose of any of the issued shares or any share rights in a relevant subsidiary which are held by the company, subsidiary or nominee concerned.

(3) Subsection (1) does not apply in relation to any disposal by the Treasury, the Secretary of State or a nominee of either of them to any other person falling within this subsection.

(4) Subsection (2) does not apply in relation to any disposal by the Post Office company, any subsidiary of that company or any nominee of the company or subsidiary to any other person falling within this subsection.

(5) Subsections (1) and (2) do not apply in relation to any disposal for which prior approval has been given in accordance with section 67.

67 Approved disposals

(1) Prior approval is given in accordance with this section if the proposed issue or disposal is approved by a resolution of each House of Parliament passed on a motion moved by or on behalf of the Secretary of State.

(2) The motion shall, in particular, specify--

(a) the size and nature of the proposed issue or disposal,

(b) the person to whom the proposed issue or disposal is to be made, and

(3) No such motion shall be moved by or on behalf of the Secretary of State in relation to a proposed issue or disposal of shares or share rights in the Post Office company unless--

(a) the Post Office company has agreed to be a party to a joint venture, or another arrangement for working together with another person, which the Post Office company considers to be in its commercial interests,

(b) the arrangement includes the proposed issue or disposal,

(d) the Secretary of State is satisfied that the proposed issue or disposal is for the purpose of securing the arrangement in question and that the arrangement is in the commercial interests of the Post Office company, and

(e) the Treasury have given their consent to the proposed issue or disposal.

(4) No such motion shall be moved by or on behalf of the Secretary of State in relation to a proposed issue or disposal of shares or share rights in a relevant subsidiary unless--

(a) the Post Office company or the relevant subsidiary has agreed to be a party to a joint venture, or another arrangement for working together with another person, which the Post Office company considers to be in the commercial interests of the Post Office company,

(b) the arrangement includes the proposed issue or disposal,

(d) the Secretary of State is satisfied that the proposed issue or disposal is for the purposes of securing the arrangement in question and that the arrangement is in the commercial interests of the Post Office company, and

(e) the Treasury have given their consent to the proposed issue or disposal.

Financial provisions

68 Loans by the Secretary of State to the Post Office company and its subsidiaries

(1) The Secretary of State may, on or after the appointed day and with the approval of the Treasury, make loans to the Post Office company or any of its subsidiaries.

(2) Interest shall be paid on loans made by the Secretary of State under this section at such rates as the Secretary of State may, with the approval of the Treasury, direct.

(3) Subject to that, the loans shall be on such terms as may be--

(a) agreed between the Secretary of State and the company to which the loan is made, and

(b) approved by the Treasury.

(4) The terms shall, in particular, include provision as to the times and methods of payment of the principal and interest.

(5) The power of the Secretary of State to make loans under this section includes power to make loans in currencies other than sterling.

(6) The Treasury may issue out of the National Loans Fund to the Secretary of State such sums as are necessary to enable him to make loans under this section.

(7) Such sums may be issued in sterling or, where the loan is to be in a currency other than sterling, in that currency or in sterling.

(8) Any sums received by the Secretary of State by way of repayment of, or interest on, a loan made by him under this section shall be paid into the National Loans Fund.

69 Guarantees by the Secretary of State for the Post Office company and its subsidiaries

(1) The Secretary of State may, on or after the appointed day and in such manner and on such conditions as he considers appropriate, guarantee the discharge of any financial obligation of the Post Office company or any of its subsidiaries.

(2) As soon as practicable after giving a guarantee under subsection (1), the Secretary of State shall lay a statement of the guarantee before each House of Parliament.

(3) If any sums are paid by the Secretary of State in fulfilment of a guarantee given under subsection (1), the Post Office company or the subsidiary concerned shall make to the Secretary of State, at such times and in such manner as the Secretary of State may direct--

(a) payments, of such amounts as the Secretary of State may direct, in or towards repayment of the sums paid by the Secretary of State, and

(b) payments of interest on what is outstanding in respect of the sums paid by the Secretary of State, at such rate as the Secretary of State may direct.

(4) If any sums are paid by the Secretary of State in fulfilment of a guarantee given under subsection (1), the Secretary of State shall--

(a) lay a statement relating to the sums before each House of Parliament as soon as practicable after the end of the financial year in which the sums were paid, and

(b) lay a statement before each House of Parliament as soon as practicable after the end of any subsequent financial year in which there is an outstanding liability in relation to the obligation which is the subject of the guarantee.

(5) Any statement under subsection (4) shall include a statement of--

(a) any amounts received by the Secretary of State during the financial year concerned in or towards repayment of, or as interest in respect of, sums paid by him in fulfilment of any guarantee given under subsection (1), and

(b) any amounts outstanding at the end of that year in respect of sums so paid by the Secretary of State.

70 Extinguishment of certain liabilities

(1) The Secretary of State may, on or after the appointed day, by order extinguish all or any of the liabilities of the Post Office company or of any of its subsidiaries in respect of--

(a) such sums paid by the Treasury, in fulfilment of guarantees given under section 38 of the [1969 c. 48.] Post Office Act 1969, as may be specified in the order, or

(b) such sums paid by the Secretary of State, in fulfilment of guarantees given under section 69 of this Act, as may be specified in the order.

(2) The Secretary of State may, on or after the appointed day, by order extinguish such liabilities to him of the Post Office company or of any of its subsidiaries as may be specified in the order; but the order shall not specify liabilities which--

(a) may be extinguished under subsection (1), or

(b) relate to taxes, duties or fines.

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