Postal Services Act 2000 (c. 26)

(The document as of February, 2008)

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(b) relate to taxes, duties or fines.

(3) Before exercising any power under subsection (1) or (2) in relation to liabilities of the Post Office company, the Secretary of State shall consult that company.

(4) Before exercising any power under subsection (1) or (2) in relation to liabilities of a subsidiary of the Post Office company, the Secretary of State shall consult the Post Office company and the subsidiary.

(5) The Secretary of State may by order repeal this section.

(6) The Secretary of State shall not exercise any power conferred on him by subsection (1), (2) or (5) without the consent of the Treasury.

71 Limit on loans and other arrangements with government

(1) The Secretary of State and the Treasury shall exercise their powers under or by virtue of this Act so as to ensure that, on and after the appointed day, the Crown's financial arrangements with the Post Office company and any of its subsidiaries do not at any time exceed £5,000 million or such greater sum as the Secretary of State may by order specify.

(2) For the purposes of subsection (1) the Crown's financial arrangements with the Post Office company and any of its subsidiaries are the aggregate of--

(a) amounts outstanding in respect of the principal of loans made under section 37 of the [1969 c. 48.] Post Office Act 1969,

(b) amounts outstanding (otherwise than by way of interest) in respect of sums paid by the Treasury in fulfilment of guarantees given under section 38 of that Act,

(d) amounts outstanding (otherwise than by way of interest) in respect of sums paid by the Secretary of State in fulfilment of guarantees given under section 69 of this Act,

(e) amounts outstanding in respect of the principal of debt securities issued in pursuance of section 63 of this Act, and

(f) liabilities extinguished under section 70 of this Act so far as they are not replaced with corresponding liabilities.

(3) No order shall be made under subsection (1) unless a draft of it has been approved by a resolution of the House of Commons.

(4) For the purposes of this section equivalents in sterling shall be calculated as the Secretary of State considers appropriate.

72 Reserves of the Post Office company and its subsidiaries

(1) The Secretary of State may, on or after the appointed day, give directions to the Post Office company--

(a) requiring it to allocate to a reserve generally, or to a reserve for a particular purpose, or to cause any of its subsidiaries so to allocate to a reserve, either a specified amount or such amount as the Post Office company considers appropriate,

(b) requiring it to re-allocate for a specified purpose, or to cause any of its subsidiaries so to re-allocate, the whole or any part of any amount previously allocated by the Post Office company or (as the case may be) subsidiary to a reserve for some other purpose, or

(c) with respect to the application by the Post Office company or any of its subsidiaries of amounts allocated to a reserve in accordance with a direction under this section.

(2) Directions requiring the allocation of any amount to a reserve may provide for it to be so allocated either at a specified time or during the course of a specified period.

(3) Directions under subsection (1)(c) may, in particular, require amounts allocated to a reserve in accordance with a direction under this section to be applied as if they were profits available for distribution within the meaning of section 263(1) of the [1985 c. 6.] Companies Act 1985 or Article 271(1) of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986 (distributions to be made out of profits).

(4) Despite subsection (3), no part of a reserve to which amounts have been allocated in accordance with this section shall count as an undistributable reserve of the company concerned for the purposes of section 264(3)(d) of the Act of 1985 or Article 272(3)(d) of the Order of 1986 (restriction on distribution of assets).

(5) For the purpose of determining under section 264 of the Act of 1985 or Article 272 of the Order of 1986 whether the company concerned may make a distribution at any time, any amount for the time being standing to the credit of the reserve concerned (excluding any amount which by virtue of subsection (3) above is authorised to be, but has not yet been, applied as if it were profits available for distribution) shall be treated for the purposes of section 264(3)(c) of the Act of 1985 or Article 272(3)(c) of the Order of 1986 as if it were unrealised profits of the company.

(6) The Secretary of State shall consult the Post Office company before giving a direction under this section.

(7) No direction shall be given under this section without the consent of the Treasury.

73 Statutory accounts of the Post Office company

(1) For the purposes of any statutory accounts of the Post Office company--

(a) the transfer effected by virtue of section 62 shall be taken to have been a transfer of all the property, rights and liabilities to which the Post Office was entitled or subject immediately before the end of the last accounting year of the Post Office ending before the appointed day and to have been effected immediately after the end of that year, and

(b) the value or amount (as at the time of transfer) of any asset or liability of the Post Office taken to have been transferred to the Post Office company by virtue of paragraph (a) shall be taken to be the value or (as the case may be) the amount assigned to that asset or liability for the purposes of the corresponding statement of accounts prepared by the Post Office in relation to that year.

(2) For the purposes of any statutory accounts of the Post Office company the amount to be included in respect of any item shall be determined as if anything done by the Post Office (whether by way of acquiring, revaluing or disposing of any asset or incurring, revaluing or discharging any liability, or by carrying any amount to any provision or reserve, or otherwise) had been done by the Post Office company.

(3) Accordingly (but without prejudice to the generality of subsection (2))--

(a) the amount to be included from time to time in any reserves of the Post Office company as representing its accumulated realised profits shall be determined as if any profits realised and retained by the Post Office had been realised and retained by the Post Office company, and

(b) the amount to be included from time to time in any statutory accounts of the Post Office company as representing its accumulated realised losses shall be determined as if any losses realised by the Post Office had been realised by the Post Office company.

(4) In this section "statutory accounts", in relation to the Post Office company, means any accounts of that company prepared for the purposes of any provision of the [1985 c. 6.] Companies Act 1985 (including group accounts).

74 Further provisions relating to the capital structure of the Post Office company

(1) If the Secretary of State so directs, the Post Office company shall be taken to have assumed a debt to the Secretary of State of such amount as may be specified in the direction.

(2) The terms of any such debt, including the terms as to the payment of interest and repayment, shall be such as the Secretary of State may from time to time determine.

(3) The Post Office company shall issue such debt securities of the company as the Secretary of State may direct; and any such securities shall, as the Secretary of State may direct, be issued to the Treasury or the Secretary of State.

(4) Debt securities to be issued in pursuance of subsection (3) shall be issued at such time or times, and on such terms, as the Secretary of State may direct.

(5) Subsections (3) and (4) are without prejudice to any power conferred by section 63.

(6) The Secretary of State may by order repeal this section.

(7) The Secretary of State--

(a) shall not exercise any power under this section without the consent of the Treasury or before the appointed day, and

(b) shall, before exercising any such power (other than the power under subsection (6)), consult the Post Office company.

(8) In this Part "debt securities" means any instrument creating or acknowledging indebtedness which is issued by a company including, in particular, debentures, loan stock, bonds and certificates of deposit.

Dissolution of the Post Office

75 Dissolution of the Post Office

(1) The Post Office shall continue in existence after the appointed day until it is dissolved in accordance with this section.

(2) The Secretary of State may by order, after consulting the Post Office and the Post Office company, dissolve the Post Office on a day specified in the order.

(3) No order shall be made under subsection (2) unless the Secretary of State is satisfied that nothing further remains to be done by the Post Office under paragraph 9 of Schedule 3 or an order made under this Act.

Supplementary provisions

76 Accounts of the Secretary of State in relation to loans

(1) The Secretary of State shall, in respect of each financial year, prepare in such form and manner as the Treasury may direct, an account of--

(a) sums issued to him under section 68(6),

(b) sums received by him as mentioned in section 68(8), and

(2) The Secretary of State shall send the account to the Comptroller and Auditor General not later than the end of the month of November in the following financial year.

(3) The Comptroller and Auditor General shall--

(a) examine, certify and report on the account, and

(b) lay copies of it, together with his report, before each House of Parliament.

77 Publicity requirements for certain accounts and reports of the Post Office company

(1) The Post Office company shall send to the Secretary of State--

(a) a copy of all annual accounts of the company on which the company's auditors have made a report under section 235 of the [1985 c. 6.] Companies Act 1985, and

(b) a copy of the auditor's report,

as soon as practicable after the report has been made.

(2) The Post Office company shall send to the Secretary of State a copy of the report prepared by its directors under section 234 of the [1985 c. 6.] Companies Act 1985 in relation to any year which includes the appointed day or any subsequent year as soon as practicable after the report has been approved and signed under section 234A of that Act.

(3) The Secretary of State shall lay a copy of the accounts and reports received by him under this section before each House of Parliament.

(4) In this section "annual accounts" means annual accounts (within the meaning of Part VII of the [1985 c. 6.] Companies Act 1985) which relate to any year which includes the appointed day or to any subsequent year.

78 Information requirements on the Post Office company

(1) The Treasury may, on or after the appointed day, serve notice on the Post Office company--

(a) requiring it to supply to the Treasury such information--

(i) as the Treasury may reasonably require for the performance of their functions in relation to public sector finance, and

(ii) as may be specified or described in the notice, and

(b) specifying the time, place, manner and form in which any such information is to be supplied and the person to whom it is to be supplied.

(2) If a person makes default in complying with a notice under subsection (1), the court may, on the application of the Treasury, make such order as the court considers appropriate for requiring the default to be made good.

(3) 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 are responsible for its default, by those officers.

(4) 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.

79 Exercise of functions through nominees

(1) The Treasury or, with the consent of the Treasury, the Secretary of State may for the purposes of sections 63, 64 or 74(3) and (4) appoint a person to act as the nominee, or one of the nominees, of the Treasury or the Secretary of State.

(2) In accordance with directions given by the Treasury or, with the consent of the Treasury, the Secretary of State--

(a) securities may be issued in pursuance of section 63 or 74(3) and (4) to a nominee of the Treasury or the Secretary of State appointed for the purposes of that section, and

(b) a nominee of the Treasury or the Secretary of State appointed for the purposes of section 64 may acquire securities in pursuance of that section.

(3) A person holding any securities or rights as a nominee of the Treasury or the Secretary of State by virtue of this section shall hold and deal with them (or any of them) on such terms and in such manner as the Treasury or, with the consent of the Treasury, the Secretary of State may direct.

80 Shadow directors

(1) For the purposes of the provisions of the [1985 c. 6.] Companies Act 1985 listed in subsection (2) neither the Treasury nor the Secretary of State shall be regarded as a shadow director of the Post Office company.

(2) The provisions are--

(a) section 288 (register of directors),

(b) section 305 (directors' names on correspondence etc),

(d) section 320 (transactions involving directors),

(e) section 323 (prohibition on dealing in share options),

(f) section 324 (disclosure of shareholdings),

(g) section 325 (register of directors' interests), and

(h) section 330 (restriction on loans).

81 Tax

Schedule 4 (taxation provisions in relation to the transfer to the Post Office company) shall have effect.

82 Interpretation: Part IV

(1) In this Part--

"the appointed day" has the meaning given by section 62(8),
"debenture" includes debenture stock,
"debt securities" has the meaning given by section 74(8),
"the Post Office company" has the meaning given by section 62(8),
"relevant subsidiary" has the meaning given by section 63(8),
"securities", in relation to a company, includes shares, debt securities and other securities of the company, whether or not constituting a charge on the assets of the company, and the right to subscribe for, or to acquire, such securities and any other rights in connection with such securities,
"share rights" means, in relation to any shares, rights to subscribe for, or to acquire, the shares and any other rights in connection with the shares,
"shares" includes stock, and
"wholly owned by the Crown" has the meaning given by section 62(7).

(2) References in this Part to property, rights and liabilities of the Post Office are references to all such property, rights and liabilities, whether or not capable of being transferred or assigned by the Post Office.

(3) It is hereby declared for the avoidance of doubt that--

(a) any reference in this Part to property of the Post Office is a reference to property of the Post Office whether situated in the United Kingdom or elsewhere, and

(b) any reference in this Part to rights or liabilities of the Post Office is a reference to rights to which the Post Office is entitled, or (as the case may be) liabilities to which it is subject, whether under the law of the United Kingdom or of any part of the United Kingdom or under the law of any country or territory outside the United Kingdom.

Part V Offences in relation to Postal Services

Offences of interfering with the mail

83 Interfering with the mail: postal operators

(1) A person who is engaged in the business of a postal operator commits an offence if, contrary to his duty and without reasonable excuse, he--

(a) intentionally delays or opens a postal packet in the course of its transmission by post, or

(b) intentionally opens a mail-bag.

(2) Subsection (1) does not apply to the delaying or opening of a postal packet or the opening of a mail-bag under the authority of--

(a) this Act or any other enactment (including, in particular, in pursuance of a warrant issued under any other enactment), or

(b) any directly applicable Community provision.

(3) Subsection (1) does not apply to the delaying or opening of a postal packet in accordance with any terms and conditions applicable to its transmission by post.

(4) Subsection (1) does not apply to the delaying of a postal packet as a result of industrial action in contemplation or furtherance of a trade dispute.

(5) In subsection (4) "trade dispute" has the meaning given by section 244 of the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992 or Article 127 of the [S.I. 1995/1980 (N.I.12).] Trade Union and Labour Relations (Northern Ireland) Order 1995; and the reference to industrial action shall be construed in accordance with that Act or (as the case may be) that Order.

(6) A person who commits an offence under subsection (1) shall be liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both,

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

84 Interfering with the mail: general

(1) A person commits an offence if, without reasonable excuse, he--

(a) intentionally delays or opens a postal packet in the course of its transmission by post, or

(b) intentionally opens a mail-bag.

(2) Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.

(3) A person commits an offence if, intending to act to a person's detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

(4) Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.

(5) A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Prohibition on sending certain articles by post

85 Prohibition on sending certain articles by post

(1) A person commits an offence if he sends by post a postal packet which encloses any creature, article or thing of any kind which is likely to injure other postal packets in course of their transmission by post or any person engaged in the business of a postal operator.

(2) Subsection (1) does not apply to postal packets which enclose anything permitted (whether generally or specifically) by the postal operator concerned.

(3) A person commits an offence if he sends by post a postal packet which encloses--

(a) any indecent or obscene print, painting, photograph, lithograph, engraving, cinematograph film or other record of a picture or pictures, book, card or written communication, or

(b) any other indecent or obscene article (whether or not of a similar kind to those mentioned in paragraph (a)).

(4) A person commits an offence if he sends by post a postal packet which has on the packet, or on the cover of the packet, any words, marks or designs which are of an indecent or obscene character.

(5) A person who commits an offence under this section shall be liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding twelve months or to both.

Additional protection for universal postal service

86 Prohibition on affixing advertisements on certain letter boxes etc

(1) A person commits an offence if, without due authority, he affixes any advertisement, document, board or thing in or on any universal postal service post office, universal postal service letter box or other property belonging to, or used by, a universal service provider in connection with the provision of a universal postal service.

(2) A person commits an offence if, without due authority, he paints or in any way disfigures any such office, box or property.

(3) A person who commits an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) In this Act--

"universal postal service letter box" means any box or receptacle provided by a universal service provider for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission in connection with the provision of a universal postal service, and
"universal postal service post office" includes any house, building, room, vehicle or place used for the provision of any postal services in connection with the provision of a universal postal service or a part of such a service.

87 Prohibition on misleading descriptions

(1) A person commits an offence if, without the authority of the universal service provider concerned, he places or maintains in or on any house, wall, door, window, box, post, pillar or other place belonging to him or under his control, any of the following words, letters or marks--

(a) the words "letter box" accompanied with words, letters or marks which signify or imply, or may reasonably lead the public to believe, that it is a universal postal service letter box, or

(b) any words, letters or marks which signify or imply or may reasonably lead the public to believe that any house, building, room, vehicle or place is a universal postal service post office, or that any box or receptacle is a universal postal service letter box.

(2) A person commits an offence if, without the authority of the universal service provider concerned, he--

(a) places or maintains in or on any ship, vehicle, aircraft or premises belonging to him or under his control, or

(b) uses in any document in relation to himself or any other person or in relation to any ship, vehicle, aircraft or premises,

any words, letters or marks which signify or imply, or may reasonably lead the public to believe, any of the things mentioned in subsection (3).

(3) The things are--

(a) that he or that other person is authorised by the universal service provider concerned to collect, receive, sort, deliver or convey postal packets in connection with the provision of a universal postal service,

(b) that the ship, vehicle, aircraft or premises are used by the universal service provider concerned for the purpose of collecting, receiving, sorting, delivering or conveying postal packets in connection with the provision of a universal postal service.

(4) A person commits an offence if, without reasonable excuse, he fails to comply with a notice given to him by the universal service provider concerned requiring him--

(a) to remove or efface any words, letters or marks which fall within subsection (1) or (2), or

(b) to remove or close up any letter box belonging to him or under his control which has ceased to be a universal postal service letter box.

(5) A person who commits an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

88 Obstruction of business of universal service providers

(1) A person commits an offence if, without reasonable excuse, he--

(a) obstructs a person engaged in the business of a universal service provider in the execution of his duty in connection with the provision of a universal postal service, or

(b) obstructs, while in any universal postal service post office or related premises, the course of business of a universal service provider.

(2) A person who commits an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) A person commits an offence if, without reasonable excuse, he fails to leave a universal postal service post office or related premises when required to do so by a person who--

(a) is engaged in the business of a universal service provider, and

(b) reasonably suspects him of committing an offence under subsection (1).

(4) A person who commits an offence under subsection (3)--

(a) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale, and

(b) may be removed by any person engaged in the business of a universal service provider.

(5) Any constable shall on demand remove, or assist in removing, any such person.

(6) In this section "related premises" means any premises belonging to a universal postal service post office or used together with any such post office.

Part VI Universal Postal Service: supplementary

Schemes and limitation of liability

89 Schemes as to terms and conditions for provision of a universal postal service

(1) A universal service provider may make a scheme under this section in relation to the services provided by him in connection with the provision of a universal postal service or any of those services.

(2) A scheme under this section is a scheme for determining any or all of the following (so far as not otherwise agreed)--

(a) the charges which are to be imposed in respect of the services concerned,

(b) the other terms and conditions which are to be applicable to the services concerned, and

(3) A scheme under this section may, in particular--

(a) adopt such system for the determination of the charges and other terms and conditions as the universal service provider concerned considers appropriate (including determining them himself subject to any conditions and limitations provided for in the scheme),

(b) specify the manner in which, time and place at which and person by whom the charges are to be paid.

(4) Subject to section 92(5) and (6), no provision may be made in any scheme under this section--

(a) for limiting the liability of the universal service provider concerned for loss or damage, or

(b) for amending the rules of law relating to evidence.

(5) A scheme under this section shall come into force on such day as is specified in the scheme; but no day earlier than the day after that on which the scheme has been published in the London, Edinburgh and Belfast Gazettes shall be so specified.

(6) A scheme under this section may--

(a) make different provision for different cases or classes of case determined by, or in accordance with, the provisions of the scheme,

(b) modify any previous scheme made under this section.

(7) Any charge payable by virtue of this section may be recovered by the universal service provider concerned and in England and Wales and Northern Ireland may be so recovered as a civil debt due to him.

(8) The production of a copy of any of the Gazettes mentioned in subsection (5) which purports to contain a scheme under this section shall be conclusive evidence in all legal proceedings of that scheme.

90 Exclusion of liability

(1) No proceedings in tort shall lie or, in Scotland, be competent against a universal service provider in respect of loss or damage suffered by any person in connection with the provision of a universal postal service because of--

(a) anything done or omitted to be done in relation to any postal packet in the course of transmission by post, or

(b) any omission to carry out arrangements for the collection of anything to be conveyed by post.

(2) No officer, servant, employee, agent or sub-contractor of a universal service provider shall be subject, except at the suit or instance of the provider, to any civil liability for--

(a) any loss or damage in the case of which liability of the provider is excluded by subsection (1), or

(b) any loss of, or damage to, an inland packet to which section 91 applies.

(3) No person engaged in or about the conveyance of postal packets and no officer, servant, employee, agent or sub-contractor of any such person shall be subject, except at the suit or instance of the universal service provider concerned, to any civil liability for--

(a) any loss or damage in the case of which liability of the provider is excluded by subsection (1), or

(b) any loss of, or damage to, an inland packet to which section 91 applies.

(4) In the application of subsection (1) to Scotland, the reference to proceedings in tort shall be construed in the same way as in section 43(b) of the [1947 c. 44.] Crown Proceedings Act 1947.

(5) This section is subject to section 91.

91 Limited liability for registered inland packets

(1) Proceedings shall lie or, in Scotland, be competent against a universal service provider under this section, but not otherwise, in respect of relevant loss of, or relevant damage to, an inland packet in respect of which the universal service provider accepts liability under this section in pursuance of a scheme made under section 89.

(2) The references in subsection (1) to relevant loss or damage are to loss or damage so far as it is due to any wrongful act of, or any neglect or default by, an officer, servant, employee, agent or sub-contractor of the universal service provider while performing or purporting to perform in that capacity his functions in relation to the receipt, conveyance, delivery or other dealing with the packet.

(3) No proceedings shall lie or, in Scotland, be competent under this section in relation to a packet unless they are begun within the period of twelve months starting with the day on which the packet was posted.

(4) A universal service provider shall not be liable under this section in respect of a packet of any description unless such conditions (if any) as are required by a scheme under section 89 to be complied with in relation to packets of that description at the time when they are posted have been complied with in the case of the packet.

(5) For the purposes of this section and section 92 a scheme under section 89 may define a description of packet by reference to any circumstances whatever (including, in particular, the amount of any fee paid in respect of the packet in pursuance of the scheme).

(6) In this section "inland packet" means any postal packet which is posted in the United Kingdom for delivery at a place in the United Kingdom to the person to whom it is addressed.

92 Section 91: supplementary

(1) Subject to subsection (3), no relief or remedy shall be available under section 91 in relation to a packet except upon a claim by the sender or the addressee of the packet.

(2) The sender or addressee concerned shall be entitled--

(a) to claim any relief or remedy available under this section whether or not he is the person who has suffered the loss or damage, and

(b) to give a good discharge in respect of all claims under this section in respect of the packet concerned.

(3) Where the court is satisfied, on an application by a person who is not the sender or addressee of the packet, that the sender and the addressee are unable or unwilling to enforce their reliefs or remedies under this section, the court may, upon such terms as to security, caution, costs, expenses and otherwise as the court considers appropriate, allow that other person to bring proceedings under this section in the name of the sender or the addressee of the packet.

(4) Where, by virtue of subsection (2) or (3), a person recovers any money or property which, apart from that subsection, would have been recoverable by another person, the money or property so recovered shall be held on trust for that other person.

(5) The amount recoverable in any proceedings under section 91 in relation to a packet of any description shall not exceed--

(a) the market value of the packet at the time when the cause of action arises, or

(b) the maximum amount payable under a scheme made under section 89 for compensating the person aggrieved in respect of a packet of that description.

(6) For the purposes of subsection (5)(a) the market value of a packet shall not include the market value of--

(a) any message or information which it bears, or

(b) any item which, in relation to packets of that description, is excluded from the operation of this section by a scheme under section 89.

(7) For the purposes of any proceedings under section 91, it shall be presumed, unless the contrary is shown, that loss of, or damage to, the packet was due to such conduct as is mentioned in subsection (2) of that section.

(8) In this section--

"sender", in relation to a packet, has such meaning as may be given to it by any provision of a scheme made under section 89 and relating to an inland packet to which section 91 applies,

and any reference in this section to the sender or addressee of a packet includes a reference to his personal representatives.

93 Power to modify sections 89 to 92

(1) The Secretary of State may by order modify sections 89 to 92.

(2) Before making an order under subsection (1), the Secretary of State shall consult the Commission, the Council and such other persons as he considers appropriate.

Supplementary powers for universal postal service

94 Power to require carriage of mail-bags by ship or aircraft

(1) A universal service provider may, for any purpose in connection with the provision of a universal postal service, require by notice the owner or operator of a relevant ship or aircraft to carry mail-bags in the ship or aircraft.

(2) In subsection (1) "relevant ship or aircraft" means any ship or aircraft which carries on regular communications between two places in the United Kingdom, one of which is not readily accessible by road.

(3) The remuneration for any services provided in pursuance of this section shall be determined--

(a) by agreement between the universal service provider and the owner or operator concerned, or

(b) in the absence of agreement, by the Transport Tribunal or, where both places between which the ship or aircraft carries on regular communications are in Northern Ireland, by the Department for Regional Development in Northern Ireland.

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