Postal Services Act 2000 (c. 26)

(The document as of February, 2008)

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(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.

95 Power to acquire land etc

Schedule 5 (which provides for the compulsory acquisition of land by universal service providers) and Schedule 6 (which makes other provision in relation to land) shall have effect.

Articles in transit

96 Immunity from prosecution

(1) A universal service provider and a person who is engaged in the business of such a provider shall be entitled to the same immunity from prosecution for conduct in the provision of a universal postal service and falling within subsection (2) as the provider and that person would be entitled to if the provider were a government department.

(2) The following conduct falls within this subsection--

(a) possession of anything contained in a postal packet which is in the course of transmission by post where possession of it is prohibited by virtue of any enactment, and

(b) failure to comply, in relation to anything contained in a postal packet which is in the course of transmission by post, with any condition or restriction imposed by virtue of any enactment in relation to its possession, conveyance or delivery.

97 Harbour charges on mail-bags

(1) No charge imposed by a harbour authority in respect of goods brought into, taken out of, or carried through a relevant harbour shall apply to goods contained in mail-bags--

(a) carried by a universal service provider in connection with the provision of a universal postal service,

(b) consigned by such a provider in connection with the provision of such a service to another for carriage (whether to a foreign postal administration or not), or

(c) consigned by a foreign postal administration to such a provider in connection with the provision of such a service for carriage.

(2) No charge imposed by a harbour authority in respect of goods brought into, taken out of, or carried through a relevant harbour shall apply to goods contained in mail-bags which--

(a) are consigned by one foreign postal administration to another, and

(b) are mail-bags which, when in the United Kingdom, are in the charge of a universal service provider in connection with the provision of a universal postal service.

(3) Charges which are exigible by a harbour authority at a relevant harbour in respect of mail-bags which are carried or consigned as mentioned in subsection (1) or (2) and their contents shall not be payable before the end of the period of eight weeks starting with the day on which the bags are brought within the limits of the harbour.

(4) Subsection (3) applies despite anything in any statutory provision made with respect to the harbour authority concerned.

(5) Such charges as are mentioned in subsection (3) may be recovered by means of proceedings instituted in that behalf in any court of competent jurisdiction; but not otherwise.

(6) In this section and section 98--

"harbour authority"--
(a)
except in relation to Northern Ireland, has the same meaning as in the [1964 c. 40.] Harbours Act 1964,
(b)
in relation to Northern Ireland, means any person in whom are vested, by any statutory provision, the powers or duties of improving, maintaining or managing a harbour,
"relevant harbour", in relation to a harbour authority, means a harbour which, in the exercise and performance of statutory powers and duties, the harbour authority are engaged in improving, maintaining or managing, and
"statutory provision"--
(a)
except in relation to Northern Ireland, has the meaning given by section 57(1) of the [1964 c. 40.] Harbours Act 1964 (and, as regards Scotland, includes an Act of the Scottish Parliament and an instrument made under such an Act),
(b)
in relation to Northern Ireland, has the same meaning as in section 1(f) of the [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954.

(7) The reference in the definition of "relevant harbour" in subsection (6) to a harbour which, in the exercise and performance of statutory powers and duties, a harbour authority are engaged in improving, maintaining or managing shall be construed--

(a) except in relation to Northern Ireland, as if it were contained in the [1964 c. 40.] Harbours Act 1964, and

(b) in relation to Northern Ireland, as a reference to a harbour which is being improved, maintained or managed by a harbour authority--

(i) in the exercise of powers conferred by a statutory provision,

(ii) in the performance of duties imposed by a statutory provision, or

(iii) in the exercise and performance of powers conferred, and duties imposed, by a statutory provision.

98 Mail-bags not to be subject to control by harbour authorities

Nothing in a statutory provision (whenever made) with respect to a harbour authority shall extend to regulate or subject to control mail-bags--

(a) carried by a universal service provider in connection with the provision of a universal postal service,

(b) consigned by such a provider in the provision of such a service to another for carriage (whether to a foreign postal administration or not),

(c) consigned by a foreign postal administration to such a provider in connection with the provision of such a service for carriage, or

(d) consigned by one foreign postal administration to another and which, when in the United Kingdom, are in the charge of a universal service provider in connection with the provision of a universal postal service.

Common carriers

99 Common carriers

A universal service provider shall not be regarded as a common carrier so far as he is providing a universal postal service.

Certain exemptions from postage etc.

100 Certain exemptions from postage etc

(1) Petitions and addresses forwarded to Her Majesty or, in Northern Ireland, to the Secretary of State, by post shall be exempt from postage chargeable by a universal service provider in connection with the provision of a universal postal service.

(2) Petitions and addresses to Her Majesty which are sent by post to a member of either House of Parliament, a member of the Scottish Parliament, a member of the National Assembly for Wales or a member of the Northern Ireland Assembly shall be exempt from postage chargeable by a universal service provider in connection with the provision of a universal postal service if--

(a) the petitions or addresses do not exceed 1 kilogram in weight, and

(b) are sent without covers or in covers open at the sides.

(3) Petitions which are addressed to either House of Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly and are sent by post to a member of either House of Parliament, a member of the Scottish Parliament or the Clerk of the Scottish Parliament, a member of the National Assembly for Wales or (as the case may be) a member of the Northern Ireland Assembly shall be exempt from postage chargeable by a universal service provider in connection with the provision of a universal postal service if--

(a) the petitions do not exceed 1 kilogram in weight, and

(b) are sent without covers or in covers open at the sides.

(4) Subsection (5) applies where the postage chargeable by a universal service provider in connection with the provision of a universal postal service on a postal packet consisting of parliamentary proceedings has not been prepaid by the sender or has been insufficiently prepaid by him.

(5) No sum exceeding the amount of the postage or (as the case may be) the deficiency may be recovered by the universal service provider (whether from the sender or the addressee).

(6) In this section "parliamentary proceedings" means proceedings of either House of Parliament, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.

Part VII Miscellaneous and supplementary

Supplementary powers of the Secretary of State

101 Directions in interests of national security etc

(1) The Secretary of State may give such directions as he considers appropriate to the Commission in relation to the exercise of its functions if he considers it necessary or expedient to do so--

(a) in the interests of national security or in the interests of encouraging or maintaining the United Kingdom's relations with another country or territory,

(b) in order--

(i) to discharge, or facilitate the discharge of, an international obligation,

(ii) to attain, or facilitate the attainment of, any other object which the Secretary of State considers it necessary or expedient to attain in view of Her Majesty's Government in the United Kingdom being a member of an international organisation or a party to an international agreement, or

(iii) to enable Her Majesty's Government in the United Kingdom to become a member of such an organisation or a party to such an agreement.

(2) Directions under subsection (1) may, in particular, require the Commission--

(a) to do or not to do a particular thing, or

(b) to secure that a particular thing is done or not done.

(3) The Secretary of State may, if he considers it necessary or expedient to do so for any of the purposes mentioned in subsection (1)(a) or (b), give such directions as he considers appropriate to licence holders under Part II, or to any particular licence holder under that Part, in connection with anything authorised or required by the licence or licences concerned.

(4) Directions under subsection (3) may, in particular, require a licence holder--

(a) to do or not to do a particular thing, or

(b) to secure that a particular thing is done or not done.

(5) Before giving a direction under subsection (1), the Secretary of State shall consult the Commission.

(6) Before giving a direction under subsection (3) to a particular licence holder (as opposed to licence holders generally or any description of licence holders), the Secretary of State shall consult the licence holder concerned.

(7) The Secretary of State--

(a) shall send to the Commission a copy of any direction given under subsection (3), and

(b) shall lay before each House of Parliament a copy of any direction given under this section.

(8) Subsection (7)(b) does not apply if the Secretary of State considers that the disclosure of the direction would be against the interests of national security or the interests of the United Kingdom's relations with another country or territory or against the commercial interests of any person who has not consented to the disclosure.

(9) A person shall not disclose, and is not required by any enactment or otherwise to disclose, a direction given or other thing done or omitted to be done by virtue of this section if the Secretary of State notifies him that he considers that--

(a) disclosure would be against the interests of national security or the interests of the United Kingdom's relations with another country or territory, or

(b) disclosure would be against the commercial interests of any person (other than the person notified) who has not consented to the disclosure.

(10) A person commits an offence if--

(a) without reasonable excuse he contravenes a direction under this section, or

(b) he makes a disclosure in contravention of subsection (9).

(11) 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 two years or to both.

102 Power to ensure compliance with the Postal Services Directive

(1) This section applies if the Secretary of State--

(a) considers--

(i) that a Community obligation under the Postal Services Directive is not being complied with, or

(ii) that it is likely that any such obligation will not be complied with, and

(b) has been unable to obtain any undertakings from any person or persons which are sufficient to satisfy him that the situation will be remedied.

(2) The Secretary of State may by order make such provision as he considers appropriate to ensure that the obligation is or will be complied with.

(3) An order under this section may, in particular--

(a) confer functions on the Commission or the Council or modify their functions,

(b) require any postal operator or any postal operators of a particular description to provide such postal services as are specified in or determined by or under the order,

(c) specify terms and conditions on which such services are to be provided or provide for such terms and conditions to be determined by or under the order,

(d) provide for the payment of sums out of money provided by Parliament for any purpose of the order,

(e) provide for the enforcement of any provision of the order (including the creation of criminal offences punishable with a fine but not imprisonment).

(4) Before making an order under this section, the Secretary of State shall consult any postal operator on whom a requirement is to be imposed by virtue of the order.

(5) In deciding whether to make an order under this section the Secretary of State shall, in particular, have regard to the likely impact of the order on any business of a postal operator on whom a requirement is to be imposed by virtue of the order.

103 Subsidy for public post offices

(1) The Secretary of State may by order make a scheme for the making of payments for the purpose of--

(a) assisting in the provision of public post offices or public post offices of a particular description, or

(b) assisting in the provision of services to be provided from public post offices or public post offices of a particular description.

(2) A scheme under this section which provides for the making of payments for a purpose falling within subsection (1)(b) shall ensure that no such payments may be made unless the person deciding whether to make the payments considers that the provision of the services concerned from public post offices or public post offices of a particular description would assist in the provision of public post offices or (as the case may be) public post offices of that description.

(3) Payments under a scheme under this section shall be made by the Secretary of State or by another person out of money provided by the Secretary of State.

(4) A scheme under this section shall specify--

(a) the descriptions of payments which may be made under the scheme,

(b) the descriptions of persons to whom such payments may be made,

(d) criteria to which that person is to have regard in deciding whether to make such payments, and

(e) the amounts of such payments or the basis on which such amounts are to be calculated.

(5) A scheme under this section may, in particular, provide for--

(a) payments under the scheme to be made subject to conditions specified in or determined under the scheme (including conditions as to repayment),

(b) the delegation of functions exercisable by virtue of the scheme (including the delegation of any discretion conferred by virtue of the scheme),

(c) the modification of the functions of a body established by an enactment, or the functions of the holder of an office created by an enactment, for the purpose of enabling the person concerned to exercise any functions conferred on that person by virtue of the scheme,

(d) the payment by the Secretary of State of fees to any person in respect of functions exercised by that person by virtue of the scheme.

(6) The power to make a scheme under this section shall not be exercised without the consent of the Treasury.

Inviolability of mails etc.

104 Inviolability of mails

(1) Subsection (2) applies to--

(a) a postal packet,

(b) anything contained in a postal packet, and

which is not the property of the Crown but which is in the course of transmission by post.

(2) Anything to which this subsection applies shall have the same immunity from--

(a) examination, or seizure or detention, under a relevant power conferred by virtue of this Act or any other enactment,

(b) seizure under distress or in execution,

(d) retention by virtue of a lien,

as it would have if it were the property of the Crown.

(3) In subsection (2) "relevant power" means any power other than--

(a) a power conferred by section 47 so far as it is exercised for any purpose connected with the investigation of an offence under section 6 or any proceedings for such an offence,

(b) a power conferred under section 49,

(c) a power conferred by an enactment relating to customs or excise in its application, by virtue of section 105 or any regulations made under that section, to goods contained in postal packets, or

(d) a power conferred by section 106 or 107.

(4) The Secretary of State may by order modify subsection (3).

105 Application of customs and excise enactments to certain postal packets

(1) Subject as follows, the enactments for the time being in force in relation to customs or excise shall apply in relation to goods contained in postal packets to which this section applies which are brought into or sent out of the United Kingdom by post from or to any place outside the United Kingdom as they apply in relation to goods otherwise imported, exported or removed into or out of the United Kingdom from or to any such place.

(2) The Treasury, on the recommendation of the Commissioners of Customs and Excise and the Secretary of State, may make regulations for--

(a) specifying the postal packets to which this section applies,

(b) making modifications or exceptions in the application of the enactments mentioned in subsection (1) to such packets,

(c) enabling persons engaged in the business of a postal operator to perform for the purposes of those enactments and otherwise all or any of the duties of the importer, exporter or person removing the goods,

(d) carrying into effect any arrangement with the government or postal administration of any country or territory outside the United Kingdom with respect to foreign postal packets,

(e) securing the observance of the enactments mentioned in subsection (1),

(f) without prejudice to any liability of any person under those enactments, punishing any contravention of the regulations.

(3) Duties (whether of customs or excise) charged on imported goods or other charges payable in respect of postal packets to which this section applies (whether payable to a postal operator or to a foreign administration) may be recovered by the postal operator concerned and in England and Wales and Northern Ireland may be so recovered as a civil debt due to him.

(4) In any proceedings for the recovery of any charges payable as mentioned in subsection (3), a certificate of the postal operator concerned of the amount of the charges shall be evidence (and, in Scotland, sufficient evidence) of that fact.

(5) In this section "foreign postal packet" means any postal packet either posted in the United Kingdom and sent to a place outside the United Kingdom, or posted in a place outside the United Kingdom and sent to a place within the United Kingdom, or in transit through the United Kingdom to a place outside the United Kingdom.

106 Power to detain postal packets containing contraband

(1) A postal operator may--

(a) detain any postal packet if he suspects that it may contain relevant goods,

(b) forward any packet so detained to the Commissioners of Customs and Excise.

(2) In this section "relevant goods" means--

(a) any goods chargeable with any duty charged on imported goods (whether a customs or an excise duty) which has not been paid or secured, or

(b) any goods in the course of importation, exportation or removal into or out of the United Kingdom contrary to any prohibition or restriction for the time being in force by virtue of any enactment.

(3) Subsection (1) is without prejudice to section 105.

(4) The Commissioners may open and examine any postal packet forwarded to them under this section--

(a) in the presence of the person to whom the packet is addressed, or

(b) where the address on the packet is outside the United Kingdom or where subsection (5) applies, in the absence of that person.

(5) This subsection applies where--

(a) the Commissioners have--

(i) left at the address on the packet notice requiring the attendance of the person concerned, or

(ii) forwarded such notice by post to that address, and

(b) the addressee fails to attend.

(6) If the Commissioners find any relevant goods on opening and examining a postal packet under this section, they may detain the packet and its contents for the purpose of taking proceedings in relation to them.

(7) If the Commissioners do not find any relevant goods on opening and examining a postal packet under this section, they shall--

(a) deliver the packet to the addressee upon his paying any postage and other sums chargeable on it, or

(b) if he is absent, forward the packet to him by post.

107 Conditions of transit of postal packets

(1) If a postal operator knows or reasonably suspects that a postal packet is being sent by post in contravention of section 85, he may--

(a) refuse the transmission of the packet,

(b) detain the packet and open it,

(c) subject to any requirements as to additional postage or charges, return the packet to its sender or forward it to its destination,

(d) destroy or otherwise dispose of the packet.

(2) Subsection (1) is without prejudice to any other powers which the postal operator may have in relation to the packet (whether under the terms and conditions applicable to its transmission by post or otherwise).

(3) The detention or disposal by a postal operator of any postal packet on the grounds of a contravention of section 85 or of any terms and conditions applicable to its transmission by post shall not exempt the sender from any proceedings which might have been taken if the packet had been delivered in due course of post.

Evidential provisions

108 Evidence of amount of postage etc

(1) The mark of--

(a) a universal service provider in connection with the provision of a universal postal service, or

(b) a foreign postal administration,

of any sum on any postal packet as due in respect of that packet shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the liability of the packet to the sum so marked.

(2) Subsections (3) to (5) apply in relation to any legal proceedings for the recovery of postage or other sums due in respect of postal packets.

(3) In any such proceedings, the production of the packet concerned with a stamp or other endorsement on it of a universal service provider (and made in connection with the provision of a universal postal service) or of a foreign postal administration indicating that the packet--

(a) has been refused or rejected,

(b) is unclaimed, or

shall, unless the contrary is shown, be sufficient proof of the fact indicated.

(4) In any such proceedings, a certificate of a universal service provider that any mark, stamp or endorsement is such a mark, stamp or endorsement as is mentioned in subsection (1) or (3) shall, unless the contrary is shown, be sufficient proof of that fact.

(5) In any such proceedings, the person from whom the packet concerned purports to have come shall, unless the contrary is shown, be taken to be the sender of the packet.

109 Evidence of thing being a postal packet

(1) On the prosecution of an offence under this Act (whether summarily or on indictment), evidence that any article is in the course of transmission by post, or has been accepted by a postal operator for transmission by post, shall be sufficient evidence that the article is a postal packet.

(2) In any proceedings in England and Wales for an offence under section 83 or 84 of this Act, section 27(4) of the [1968 c. 60.] Theft Act 1968 shall apply as it applies to proceedings for the theft of anything in the course of transmission by post.

(3) In any proceedings in Northern Ireland for an offence under section 83 or 84 of this Act, section 26(5) of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969 shall apply as it applies to proceedings for the theft of anything in the course of transmission by post.

110 Certificates in relation to universal postal service letter boxes

A certificate given by or on behalf of a universal service provider to the effect that any box or receptacle is or was provided by the provider concerned 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, shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the facts stated.

Postal and money orders

111 Exclusion of liability in relation to postal and money orders

(1) No proceedings shall lie or, in Scotland, be competent against the Post Office company for any loss or damage as a result of--

(a) a reasonable refusal by the Post Office company to pay a postal or money order which has been issued by it or a foreign postal administration, or

(b) a reasonable delay by the Post Office company in paying any such order.

(2) Where a postal or money order issued by the Post Office company is presented for payment in the United Kingdom by a banker to whom it has been delivered for collection, payment of the order to the banker discharges it.

(3) Where a relevant uncrossed order issued by the Post Office company is presented for payment in the United Kingdom otherwise than by a banker to whom it has been delivered for collection, payment of the order to the person by whom it is presented discharges it.

(4) A postal or money order issued by the Post Office company is discharged by the payment of the order outside the United Kingdom in accordance with arrangements made by the Post Office company in that regard.

(5) Where a postal or money order issued by a foreign postal administration is paid by the Post Office company to a banker to whom it has been delivered for collection on behalf of a person other than the true owner of the order, the Post Office company shall not be liable to the true owner of the order by reason of having paid it to the banker.

(6) Where a relevant uncrossed order issued by a foreign postal administration is presented to the Post Office company for payment otherwise than by a banker to whom it has been delivered for collection or the true owner of the order, payment of the order by the Post Office company to the person presenting it shall not make the Post Office company liable to the true owner of the order.

(7) Any person acting as a banker in the United Kingdom who, in collecting in that capacity for any principal, has received payment from the Post Office company in respect of any postal order, or any document purporting to be a postal order, shall not incur liability to anyone except the principal by reason of having received the payment or having held or presented the order or document for payment.

(8) Subsection (7) does not relieve any principal for whom any such order or document has been so held or presented of any liability in respect of his possession of the order or document or of the proceeds of the order or document.

(9) In this section "relevant uncrossed order" means--

(a) an uncrossed postal or money order which--

(i) is expressed to be payable to a person specified or described in the order, and

(ii) is signed by or on behalf of that person or purports to be so signed, or

(b) an uncrossed postal order which is not expressed to be payable to a person specified or described in the order.

(10) In this section and section 113 "banker" includes a body which carries on the business of banking.

112 Schemes in relation to postal and money orders

(1) The Post Office company shall not issue postal or money orders otherwise than in accordance with a scheme under this section.

(2) The Post Office company may make a scheme under this section in relation to--

(a) the issue by it of postal or money orders,

(b) other services provided by it in connection with postal or money orders (whether orders issued by it or otherwise).

(3) 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

(4) 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 Post Office company considers appropriate (including determining them itself subject to any conditions and limitations provided for in the scheme),

(b) provide for the non-payment by the Post Office company after the end of a specified period, except on satisfaction of specified conditions, of a postal or money order issued by that company or a foreign postal administration,

(5) No provision may be made in any scheme under this section--

(a) for limiting the liability of the Post Office company for loss or damage, or

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

(6) 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.

(7) 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.

(8) Any charge payable by virtue of this section may be recovered by the Post Office company and in England and Wales and Northern Ireland may be so recovered as a civil debt due to it.

(9) The production of a copy of any of the Gazettes mentioned in subsection (6) which purports to contain a scheme under this section shall be conclusive evidence in all legal proceedings of that scheme.

(10) The Secretary of State may by order modify this section.

113 Recoupment of losses on wrongly paid money orders

(1) Subsection (2) applies where--

(a) a money order issued by the Post Office company or a foreign postal administration has been delivered for collection to a banker, and

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