Postal Services Act 2000 (c. 26)

(The document as of February, 2008)

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

(b) the Post Office company has paid the order to the banker when it should not have done so.

(2) The sum paid may be deducted from sums subsequently falling to be paid by the Post Office company to the banker by way of payment of money orders so issued which have been delivered to the banker for collection.

114 Special arrangements with other countries or territories

(1) References in sections 111 (other than subsection (4)), 112 and 113 to money orders issued by the Post Office company shall be construed as including references to special money orders issued by that company.

(2) For the purposes of subsection (1) special money orders are orders for the payment of money in the United Kingdom which are issued by the Post Office company in pursuance of an arrangement made with a government or postal administration of any other country or territory for the transmission, by means of orders for the payment of money, of sums of money through post offices under the charge of the Post Office company and the postal administration of the other country or territory.

(3) The reference in section 112(2)(b) to money orders shall be construed as including a reference to orders for the payment of money issued in pursuance of an arrangement of the kind mentioned in subsection (2) above by the postal administration of the other country or territory.

Other

115 Extension of existing powers relating to the Post Office

(1) In section 7(2) of the [1969 c. 48.] Post Office Act 1969 (powers of the Post Office) after paragraph (r) there shall be inserted--

" (s) to enter into any form of financial transaction which it considers to be expedient and which does not fall within any of the preceding paragraphs; " .

(2) After section 37(1) of that Act (loans by the Secretary of State to the Post Office) there shall be inserted--

" (1A) The Secretary of State may, with the approval of the Treasury, make loans to any subsidiary of the Post Office. "

(3) After section 37(2) of that Act there shall be inserted--

" (2A) The power of the Secretary of State to make loans under this section includes power to make loans in currencies other than sterling. "

(4) After section 37(3) of that Act (power to issue sums out of the National Loans Fund) there shall be inserted--

" (3A) 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. "

(5) In section 73 of the [1981 c. 38.] British Telecommunications Act 1981 (borrowing powers of the Post Office etc), in subsection (1)(a) and (2)(a), after "sterling" there shall, in each case, be inserted "or a currency other than sterling".

(6) In section 74(2) of that Act (limit of indebtedness of the Post Office and its subsidiaries)--

(a) after sub-paragraph (i) there shall be inserted--

" (ia) money borrowed by any other subsidiary of the Post Office under section 37(1A) of the 1969 Act; " ,

(b) for "£1,200 million" there shall be substituted "£5,000 million", and

(7) After section 74(4) of that Act there shall be inserted--

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

116 The Postcode Address File

(1) The owner for the time being of the Postcode Address File shall--

(a) maintain the File, and

(b) make the File available to any person who wishes to use it on such terms as are reasonable.

(2) Compliance with subsection (1) shall be enforceable by civil proceedings brought by the Commission for an injunction or for interdict or for any other appropriate relief or remedy.

(3) In this section--

"the Postcode Address File" means--
(a)
the collection of relevant information which, immediately before the coming into force of this section, was owned by the Post Office, or
(b)
that collection as it is from time to time revised, and
"relevant information" means postcodes in the United Kingdom which may be used to facilitate the identification of delivery points for the purpose of providing postal services.

(4) The terms which may be imposed under subsection (1)(b) include terms as to the payment of such fee (if any) as the owner considers appropriate.

117 Records of the former Postmaster General's department

(1) The Secretary of State may by order vest in the Post Office company such records of the department of the Postmaster General as--

(a) belong to Her Majesty in right of Her Majesty's Government in the United Kingdom, and

(b) are specified in or described by the order.

(2) The Secretary of State may give such directions to the Post Office company as he considers appropriate for ensuring that any records so transferred to the Post Office company are available to the Crown for inspection and copying.

118 Supplementary provisions relating to the Council

(1) On such day as the Secretary of State may by order appoint ("the relevant day"), all the property, rights and liabilities to which the Post Office Users' National Council was entitled or subject immediately before that day shall become by virtue of this section property, rights and liabilities of the Council.

(2) An order made under subsection (1) may be varied or revoked by a subsequent order at any time before any property, rights or liabilities of the Post Office Users' National Council vest in the Council by virtue of this section.

(3) Paragraphs 1 and 7 of Schedule 3 apply for the purposes of this section as they apply for the purposes of section 62 with such modifications as are necessary (including the substitution for references to the Post Office and the Post Office company of references to the Post Office Users' National Council and the Council respectively).

(4) Where a person employed in the civil service of the state and seconded to the Post Office Users' National Council or a Country Council immediately before the relevant day becomes an employee of the Council on that day, his period of employment in the civil service of the state (including any part of that period spent otherwise than on secondment) counts as a period of employment with the Council for the purposes of the [1996 c. 18.] Employment Rights Act 1996 (and the change of employer does not affect the continuity of the period of employment for those purposes).

(5) Where a person who--

(a) is employed in the civil service of the state and is seconded to the Council, and

(b) immediately before his secondment to the Council was seconded to the Post Office Users' National Council or a Country Council,

becomes an employee of the Council, his period of employment in the civil service of the state (including any part of that period spent otherwise than on secondment) counts as a period of employment with the Council for the purposes of the [1996 c. 18.] Employment Rights Act 1996 (and the change of employer does not affect the continuity of the period of employment for those purposes).

(6) In this section "Country Council" means the Post Office Users' Council for Scotland, the Post Office Users' Council for Wales or the Post Office Users' Council for Northern Ireland.

119 General restrictions on disclosure of information

Schedule 7 (which makes provision about disclosure of information) shall have effect.

General

120 Offences by bodies corporate

(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of--

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) a person purporting to act in such a capacity,

he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership commits the offence and shall be liable to be proceeded against and punished accordingly.

121 Service of documents

(1) Any document required or authorised by virtue of this Act to be served on any person may be served--

(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address,

(b) if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body, or

(c) if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having the control or management of the partnership business.

(2) For the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that--

(a) in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body,

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.

(3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(4) Subsection (5) applies if a person to be served under this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.

(5) In relation to that document, that address shall be treated as his proper address for the purposes of this section and section 7 of the [1978 c. 30.] Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).

(6) This section does not apply to any document if rules of court make provision about its service.

(7) In this section references to serving include references to similar expressions (such as giving or sending).

122 Orders and regulations

(1) Any power of the Secretary of State to make an order, or of the Treasury to make regulations, under this Act shall be exercisable by statutory instrument.

(2) Any power of the Secretary of State to make an order, or of the Treasury to make regulations, under this Act--

(a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes,

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriate.

(3) The power of the Secretary of State under section 9, 10, 102 or 129 (including that power as extended by this section) may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(4) The power of the Secretary of State under paragraph 6(1) of Schedule 8 (including that power as extended by this section) may be exercised by modifying any enactment.

(5) The power of the Secretary of State under section 8, 93, 104(4) or 112(10) as extended by this section may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.

(6) The power of the Secretary of State under section 103 as extended by this section may be exercised by modifying any enactment.

(7) The power of the Secretary of State under section 102, 103, 127(1) or 128 (including that power as extended by this section) may be exercised so as to make provision for the delegation of functions.

(8) The fact that a power is conferred by this Act does not prejudice the extent of any other power so conferred.

(9) Regulations under section 105 shall be subject to annulment in pursuance of a resolution of the House of Commons.

(10) An order under any of the following provisions shall, if made without a draft of it having been approved by a resolution of each House of Parliament, be subject to annulment in pursuance of a resolution of either House of Parliament: sections 10, 38(8), 58(7), 59(2), 70, 74, 102, 104(4) and 128 and paragraph 1(5) of Schedule 3 (including that paragraph as applied by section 118(3)), paragraph 4 of Schedule 7 and paragraph 6(1) of Schedule 8.

(11) An instrument containing an order under any of the provisions mentioned in subsection (10) which revokes, amends or re-enacts an order under any of the provisions mentioned in that subsection may (in spite of section 14 of the [1978 c. 30.] Interpretation Act 1978) be subject to a different procedure under that subsection from the procedure to which the instrument containing the original order was subject.

(12) No order shall be made under section 8, 9, 30(2), 93, 103, 112(10) or 127(1) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(13) In this section references to enactment include references to any instrument or other document.

123 Directions

(1) A person to whom a direction is given under this Act shall give effect to it.

(2) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.

(3) Any direction given under this Act shall be in writing.

124 General financial provision

(1) There shall be paid out of money provided by Parliament--

(a) any expenditure incurred by the Commission in consequence of this Act,

(b) any expenditure incurred by the Treasury or the Secretary of State in consequence of this Act (apart from any expenditure to be met from the National Loans Fund), and

(2) There shall be paid out of, or into, the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.

(3) There shall be paid into the Consolidated Fund any sums received by the Treasury, the Secretary of State or the Commission in consequence of this Act (apart from any sums required to be paid into the National Loans Fund).

125 Interpretation

(1) In this Act, unless the context otherwise requires--

"body" includes an unincorporated association,
"contravention", in relation to any requirement, condition, direction, order or regulations, includes any failure to comply with it and cognate expressions shall be construed accordingly,
"correspondent", in relation to a postal packet, means the sender or the person to whom it is addressed,
"employee", in relation to a body corporate, includes any officer or director of the body corporate and any other person taking part in its management, and "employer" and other related expressions shall be construed accordingly,
"enactment" includes an Act of the Scottish Parliament, Northern Ireland legislation (within the meaning of the [1998 c. 47.] Northern Ireland Act 1998) and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made,
"financial year" means a year ending with 31st March,
"foreign postal administration" means a postal administration outside the United Kingdom,
"hovercraft" has the same meaning as in the [1968 c. 59.] Hovercraft Act 1968,
"letter" means any communication in written form on any kind of physical medium to be conveyed and delivered otherwise than electronically to the person or address indicated by the sender on the item itself or on its wrapping (excluding any book, catalogue, newspaper or periodical); and includes a postal packet containing any such communication,
"mail-bag" includes any form of container or covering in which postal packets in the course of transmission by post are enclosed by a postal operator in the United Kingdom or a foreign postal administration for the purpose of conveyance by post, whether or not it contains any such packets,
"modify" includes amend or repeal,
"Northern Ireland junior Minister" means a member of the Northern Ireland Assembly appointed as a junior Minister under section 19 of the [1998 c. 47.] Northern Ireland Act 1998,
"Northern Ireland Minister" includes the First Minister and the deputy First Minister in Northern Ireland,
"notice" means notice in writing,
"post office" includes any house, building, room, vehicle or place used for the provision of any postal services,
"post office letter box" includes any pillar box, wall box, or other box or receptacle provided by a postal operator for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission by post,
"postal operator" means a person who provides the service of conveying postal packets from one place to another by post or any of the incidental services of receiving, collecting, sorting and delivering such packets,
"postal packet" means a letter, parcel, packet or other article transmissible by post,
"postal services" means the service of conveying postal packets from one place to another by post, the incidental services of receiving, collecting, sorting and delivering such packets and any other service which relates to any of those services and is provided in conjunction with any of them,
"the Postal Services Directive" means the Directive of the European Parliament and the Council of the European Union of 15th December 1997 (No. 97/67/EC) on common rules for the development of the internal market of Community postal services and the implementation of quality of service,
"public holiday" means Christmas Day, Good Friday or a day which is a bank holiday under the [1971 c. 80.] Banking and Financial Dealings Act 1971 in any part of the United Kingdom,
"regist (a)
in relation to the collection and delivery of letters, any day which is not a Sunday or a public holiday,
(b)
in relation to the collection and delivery of postal packets other than letters, any day which is not a Saturday, a Sunday or a public holiday.

(2) For the purposes of the definition of "letter" in subsection (1) the reference to a communication to be conveyed and delivered otherwise than electronically shall be construed as a reference to a communication to be conveyed and delivered otherwise than--

(a) by means of a telecommunication system (within the meaning of the [1984 c. 12.] Telecommunications Act 1984), or

(b) by other means but while in electronic form.

(3) For the purposes of this Act--

(a) a postal packet shall be taken to be in course of transmission by post from the time of its being delivered to any post office or post office letter box to the time of its being delivered to the addressee,

(b) the delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post or to a person engaged in the business of a postal operator to be dealt with in the course of that business shall be a delivery to a post office, and

(i) at the premises to which it is addressed or redirected, unless they are a post office from which it is to be collected,

(ii) to any box or receptacle to which the occupier of those premises has agreed that postal packets addressed to persons at those premises may be delivered, or

(iii) to the addressee's agent or to any other person considered to be authorised to receive the packet,

shall be a delivery to the addressee.

(4) Any reference in this Act to a subsidiary or wholly owned subsidiary shall be construed in accordance with section 736 of the [1985 c. 6.] Companies Act 1985 or Article 4 of the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986.

126 Index of defined expressions

In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Expression	Provision of this Act
Body	Section 125(1)
The Commission	Section 1(1)
Condition of a licence	Section 13(5)
Contravention	Section 125(1)
Correspondent	Section 125(1)
Course of transmission by post	Section 125(3)
The Council	Section 2(1)
Delivery to addressee	Section 125(3)
Delivery (in certain other circumstances)	Section 125(3)
Employee	Section 125(1)
Enactment	Section 125(1)
Final order	Section 22(5)
Financial year	Section 125(1)
Foreign postal administration	Section 125(1)
Hovercraft	Section 125(1)
Letter	Section 125(1) and (2)
Mail-bag	Section 125(1)
Modify	Section 125(1)
Northern Ireland junior Minister	Section 125(1)
Northern Ireland Minister	Section 125(1)
Notice	Section 125(1)
Post office	Section 125(1)
Post office letter box	Section 125(1)
Postal operator	Section 125(1)
Postal packet	Section 125(1)
Postal services	Section 125(1)
The Postal Services Directive	Section 125(1)
Provision of a universal postal service	Section 4(1), (2) and (6)
Provisional order	Section 23(8)
Public holiday	Section 125(1)
Public post office	Section 42(3)
Regional committee	Section 54(5)
Registered post service	Section 125(1)
Sender	Section 125(1)
Ship	Section 125(1)
Subordinate legislation	Section 125(1)
Subsidiary	Section 125(4)
Universal postal service letter box	Section 86(4)
Universal postal service post office	Section 86(4)
Universal service provider	Section 4(3) and (4)
Users	Section 125(1)
Vehicle	Section 125(1)
Wholly owned subsidiary	Section 125(4)
Working day	Section 125(1)

127 General amendments and repeals

(1) The Secretary of State may by order make such supplementary, incidental or consequential provision as he considers necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

(2) The power conferred by subsection (1) (including that power as extended by section 122) may, in particular, be exercised by modifying any enactment, instrument or other document.

(3) No other provision of this Act restricts the power conferred by subsection (1).

(4) Schedule 8 (which contains amendments of enactments) shall have effect.

(5) Any amendment by that Schedule of an enactment comprised in subordinate legislation is without prejudice to any power to make further subordinate legislation modifying the amended enactment.

(6) Schedule 9 (which contains repeals and revocations of enactments including enactments which are already obsolete or unnecessary) shall have effect.

128 Modifications of local enactments etc

(1) The Secretary of State may by order make such supplementary, incidental or consequential provision in relation to local enactments as he considers necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

(2) The power conferred by subsection (1) (including that power as extended by section 122) may, in particular, be exercised by modifying any local enactment or any instrument or other document which is not an Act.

(3) No other provision of this Act restricts the power conferred by subsection (1).

(4) In this section "local enactment" means--

(a) a local or private Act,

(b) a public general Act relating to London,

(d) an enactment in a public general Act amending anything falling within paragraphs (a) to (c).

129 Transitional provisions etc

The Secretary of State may by order make such provision as he considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.

Final

130 Commencement

(1) Parts I to VI, sections 101 to 114, sections 116 to 119 (including Schedule 7) and section 127(4) and (6) (including Schedules 8 and 9) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

(2) Section 115 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

131 Short title and extent

(1) This Act may be cited as the Postal Services Act 2000.

(2) Any modification by this Act of an enactment has the same extent as the enactment modified.

(3) Subject to that, this Act extends to Northern Ireland.

(4) Sections 127(1) to (3) and 129 and this section, together with sections 122 and 125 so far as they relate to those provisions, extend to the Isle of Man and the Channel Islands (in addition to any provisions of this Act which so extend by virtue of subsection (2) above).

SCHEDULES

Section 1(3).

SCHEDULE 1 The Postal Services Commission

Membership

1 (1) The Commission shall consist of the following members--

(a) a chairman appointed by the Secretary of State,

(b) no fewer than three other persons appointed by the Secretary of State after consulting the chairman, and

(2) The members of the Commission shall be known as the Postal Service Commissioners.

(3) In this Schedule references to the appointed members of the Commission shall be construed as references to the chairman and to the members appointed under sub-paragraph (1)(b).

Terms of appointment of members

2 (1) Subject to this Schedule, the appointed members of the Commission shall hold and vacate office in accordance with the terms of their respective appointments.

(2) The terms of their appointments shall be determined by the Secretary of State.

3 (1) An appointment of a person to hold office as chairman or as a member appointed under paragraph 1(1)(b) shall be for a term not exceeding five years.

(2) A person holding such an office may resign his office by giving notice to the Secretary of State.

(3) The Secretary of State may remove a person from any such office on the ground of incapacity or misbehaviour.

(4) Where a person ceases to hold office as chairman or chief executive, he shall cease to be a member of the Commission.

(5) No person shall be prevented from being a member of the Commission (whether as chairman or otherwise) merely because he has previously been a member of the Commission (whether as chairman or otherwise).

Pay and remuneration of members

4 (1) The Commission shall, if required to do so by the Secretary of State, pay its appointed members such remuneration, and such travelling and other allowances, as the Secretary of State may determine.

(2) The Commission shall, if required to do so by the Secretary of State--

(a) pay to or in respect of any person who is or has been an appointed member of the Commission such pension, allowances or gratuities as the Secretary of State may determine, or

(b) make such payments as the Secretary of State may determine towards provision for the payment of a pension, allowance or gratuity to or in respect of such a person.

(3) Where--

(a) a person ceases to hold office as chairman or a member appointed under paragraph 1(1)(b), and

(b) the Secretary of State determines that there are special circumstances which make it right for that person to receive compensation,

the Commission shall make a payment to the person by way of compensation of such amount as the Secretary of State may determine.

Staff

5 (1) The Commission shall, after consulting the Secretary of State, appoint a person as chief executive.

(2) The appointment shall be on such terms and conditions of service as the Minister for the Civil Service may approve.

(3) The Commission may, with the approval of the Minister for the Civil Service as to numbers and terms and conditions of service, appoint such other staff as it considers appropriate.

Committees

6 (1) The Commission may establish committees and any committee of the Commission may establish sub-committees.

(2) The members of a committee of the Commission may include persons who are not members of the Commission (and the members of a sub-committee may include persons who are not members of the committee).

Proceedings etc.

7 (1) The Commission may regulate its own procedure (including quorum).

(2) The validity of anything done by the Commission shall not be affected by a vacancy among its members or by a defect in the appointment of a member.

8 (1) The application of the common seal of the Commission shall be authenticated by the signature of the chief executive, another member of the Commission or some other person who has been authorised for that purpose (whether generally or specifically) by the Commission.

(2) Sub-paragraph (1) does not apply in relation to any document which is or is to be signed in accordance with the law of Scotland.

9 A document purporting to be duly executed under the seal of the Commission, or signed on its behalf, shall be received in evidence and, unless the contrary is proved, be taken to be so executed or signed.

Delegation

10 (1) Anything authorised or required to be done by the Commission may be done by--

(a) any member, or member of staff, of the Commission who is authorised by the Commission for that purpose (whether generally or specifically), or

(b) any committee of the Commission which has been so authorised.

(2) In sub-paragraph (1)(b) "committee of the Commission" does not include a committee whose members include any person who is not a member, or a member of staff, of the Commission.

Supplementary powers

11 (1) The Commission has power to do anything (except borrow money) which is calculated to facilitate, or is incidental or conducive to, the performance of any of its functions.

(2) That power includes, in particular, the formation of advisory bodies.

Section 2(3).

SCHEDULE 2 The Consumer Council for Postal Services

Membership

1 (1) The Council shall consist of the following members--

(a) a chairman appointed by the Secretary of State,

(b) the chairmen of the regional committees established under section 54(4)(a) and the chairman of any committee for England established under section 54(4)(c), and

(2) The Secretary of State shall consult the chairman of the Council before making an appointment or a determination under sub-paragraph (1)(c).

(3) In appointing persons under this paragraph or paragraph 2(1)(a), the Secretary of State shall have regard to the desirability of including among the members of the Council one or more persons who--

(a) have experience of work among, and the special needs of, disabled people, or

(b) have or have had a disability.

Committees

2 (1) A regional committee established under section 54(4)(a) and any committee for England established under section 54(4)(c) shall consist of the following members--

(a) a chairman appointed by the Secretary of State after consulting the chairman of the Council, and

(b) other persons appointed by the Council.

(2) A regional committee established under section 54(4)(b) and a regional committee (other than a committee for England) established under section 54(4)(c) shall consist of the following members--

(a) a chairman appointed by the Council after consulting the Secretary of State, and

(b) other persons appointed by the Council.

(3) The number of persons appointed under sub-paragraph (1)(b) or (2)(b) shall not be greater than the number for the time being determined by the Council, with the approval of the Secretary of State, in relation to that committee.

3 (1) The Council shall not--

(a) establish any committee under section 54(4)(b) or (c) (other than a committee for England),

(b) abolish any such committee, or

except with the approval of the Secretary of State and, subject to sub-paragraph (5), after complying with the requirements of sub-paragraphs (2) to (4).

(2) If the Council proposes to do anything mentioned in sub-paragraph (1), the Council shall--

(a) after consulting the Secretary of State, publish a notice in such manner as the Council considers appropriate for bringing it to the attention of persons likely to be affected by the proposal, and

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

(3) The notice shall--

(a) describe the proposal, and

(b) state the period (not less than two months starting with the date of publication of the notice) within which representations may be made in relation to the proposal.

(4) The Secretary of State shall not give his approval under sub-paragraph (1) until after the expiry of the period stated in the notice.

(5) The requirements of sub-paragraphs (2) to (4) do not apply to the establishment of any committee within the period of two months beginning with the day on which section 54(4) comes into force.

4 (1) The Council may establish other committees.

(2) Any committee of the Council may establish sub-committees.

(3) The members of a committee of the Council may include persons who are not members of the Council (and the members of a sub-committee may include persons who are not members of the committee).

Terms of appointment of members

5 Subject to this Schedule, the chairman of the Council, chairmen of regional committees established under section 54(4)(a), the chairman of any committee for England established under section 54(4)(c) and other members of the Council shall hold and vacate office in accordance with the terms of their respective appointments.

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