![]() |
|
|
|
|
|
Navigation
News
|
|
Postal Services Act 2000 (c. 26)(The document as of February, 2008) Page 9 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 17 In paragraph 9 of that Schedule (compulsory purchase affecting land of the National Trust for Scotland) for references to the compulsory purchase of land there shall be substituted references to the compulsory acquisition of rights over land. 18 In paragraph 10 of that Schedule (land of statutory undertakers)-- (a) for the words "land comprised in the order" there shall be substituted the words "land over which a right is to be acquired by virtue of the order", (b) for the words "purchase of" there shall be substituted the words "acquisition of a right over", (c) for the words "it can be purchased and not replaced" there shall be substituted the words "the right can be acquired", (d) for sub-paragraph (ii) there shall be substituted the following sub-paragraph-- " (ii) that any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to, or available for acquisition by, them " , and (e) the references to "the Scottish Ministers" (as substituted by the [S.I. 1999/1820.] Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999), however expressed, shall be construed as references to the Secretary of State. 19 In paragraph 11 of that Schedule (common or open space), for sub-paragraph (1) there shall be substituted the following sub-paragraph-- " (1) In so far as a compulsory purchase order authorises the acquisition of a right over land forming part of a common or open space, it shall be subject to special parliamentary procedure unless the Secretary of State is satisfied-- (a) that the land, when burdened with that right, will be no less advantageous to those persons in whom it is vested and other persons, if any, entitled to rights of common or other rights, and to the public, than it was before, (b) that there has been or will be given in exchange for the right additional land which will as respects the persons in whom there is vested the land over which the right is to be acquired, the persons, if any, entitled to rights of common or other rights over that land, and the public, be adequate to compensate them for the disadvantages which result from the acquisition of the right, and that the additional land has been or will be vested in the persons in whom there is vested the land over which the right is to be acquired, and subject to the like rights, trusts and incidents as attach to that land apart from the compulsory purchase order, or (c) that the land affected by the right to be acquired does not exceed 210 square metres in extent, and that the giving of other land in exchange for the right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public, and certifies accordingly. " 20 Paragraph 3(1) of the Second Schedule to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall be so modified as to secure that, as from the date on which the universal service provider has served notice to treat in respect of any right, he has power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice). 21 For paragraph 4 of that Schedule (protection for owner against severance of property) there shall be substituted the following paragraphs--
New rights: specific adaptations of Lands Clauses Consolidation (Scotland) Act 184522 Without prejudice to the generality of paragraph 15 above, the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845 shall apply in relation to a universal service provider's compulsory acquisition of a right in Scotland by the creation of a new right with the modifications specified in paragraphs 23 to 26 below. 23 For section 61 of that Act (estimation of compensation) there shall be substituted the following section--
24 The following provisions of that Act (being provisions stating the effect of a notarial instrument or of a disposition executed in various circumstances where there is no conveyance by persons with interests in the land)--
shall be so modified as to secure that, as against persons with interests in the land over which the right is to be compulsorily acquired, such right is vested absolutely in the universal service provider. 25 Sections 114 (compensation to be made to tenants for a year etc.) and 115 (compensation where greater interest than tenant for a year) of that Act shall apply with the modifications necessary to secure that persons with such interests as are mentioned in those sections are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question. 26 Sections 117 (protection of promoter of undertaking where by inadvertence an interest in land has not been purchased etc.) and 118 (provisions supplementary to section 117) of that Act shall be so modified as to enable the universal service provider, in circumstances corresponding to those referred to in those sections, to continue to be entitled to exercise the right acquired, subject to compliance with those sections as respects compensation. New rights: compensation27 The enactments in force in Scotland with respect to compensation for the compulsory purchase of land shall apply as respects compensation in the case of a universal service provider's compulsory acquisition of a right by the creation of a new right as they apply to compensation on the compulsory purchase of land and interests in land. Part IV Procedure, compensation etc (Northern Ireland)28 For the purposes of the acquisition of land by means of a vesting order under paragraph 3 of this Schedule, Schedule 6 to the [1972 c. 9 (N.I.).] Local Government Act (Northern Ireland) 1972 and Schedule 8 to the [S.I. 1972/1265 (N.I. 14).] Health and Personal Social Services (Northern Ireland) Order 1972 are incorporated in this Act subject to the modifications in paragraph 29. 29 The modifications mentioned in paragraph 28 are-- (a) for any reference in Schedule 6 to a council there shall be substituted a reference to the universal service provider, (b) for any reference in Schedule 6 or Schedule 8 to the Department there shall be substituted a reference to the Secretary of State, (c) for any reference in Schedule 6 to the Act or in Schedule 8 to the Order there shall be substituted a reference to this Act, (d) in paragraph 6(2) of Schedule 6, for the words from "the fund" onwards there shall be substituted the words "funds of the universal service provider (in this Schedule referred to as "the compensation fund") and shall be discharged by payments made by the universal service provider", (e) in paragraph 12(2) of Schedule 6, for the words "the clerk of the council" there shall be substituted "such person as may be designated for the purposes of this Schedule by the universal service provider". 30 The enactments for the time being in force relating to the assessment of compensation in respect of land vested in a district council by an order made under Schedule 6 to the Local Government Act (Northern Ireland) 1972 shall, subject to any necessary modifications, apply in relation to any land vested in a universal service provider by a vesting order made under paragraph 3 of this Schedule. Section 95. SCHEDULE 6 Further provisions relating to landPower to place post-boxes etc in streets1 (1) A universal service provider may, for any purpose in connection with the provision of a universal postal service, execute in a street works of any of the kinds mentioned in sub-paragraph (2). (2) The kinds of works are-- (a) placing a universal postal service letter box or a universal postal service pouch-box in a street, (b) inspecting, maintaining, adjusting, repairing, altering or renewing such apparatus which has been so placed, changing its position or removing it, (c) works needed for, or incidental to, the purposes of any works falling within paragraph (a) or (b) (including, in particular, breaking up or opening a street). (3) Accordingly, Part III of the [1991 c. 22.] New Roads and Street Works Act 1991 (street works in England and Wales), and the [S.I. 1995/3210 (N.I.19).] Street Works (Northern Ireland) Order 1995, apply in relation to undertakers' works in exercise of a power conferred by this paragraph. (4) For the avoidance of doubt, references in Part III of the Act of 1991 or the Order of 1995 to apparatus shall be construed as including universal postal service letter boxes and universal postal service pouch-boxes. (5) Subject to sub-paragraphs (6) and (7), sub-paragraph (1) authorises the universal service provider concerned to execute works of any of the kinds mentioned in sub-paragraph (2) without obtaining any consent which would otherwise be required to be given by the street authority in its capacity as such and, in the case of a maintainable highway, in its capacity as owner. (6) Sub-paragraph (5) is without prejudice to-- (a) the provisions of Part III of the Act of 1991, or the provisions of the Order of 1995, as to the making of requirements by the street authority or as to the settlement of a plan and section and the execution of the works in accordance with them, (b) section 61 of the Act of 1991 or Article 21 of the Order of 1995 (consent required for protected streets). (7) Sub-paragraph (1) does not free the universal service provider concerned from obtaining any other consent, licence or permission which may be required. (8) This paragraph binds the Crown. (9) In this paragraph references to doing anything in a street shall be construed as including references to doing anything under, over, across, along or upon the street. (10) In this paragraph--
(11) In the application of this paragraph to Scotland-- (a) references to streets shall be construed as references to roads and references to street authority shall be construed as references to road works authority, (b) "maintainable highway" means a public road within the meaning of Part IV of the Act of 1991 and includes a road in respect of which a declaration has been made under section 146 of that Act (prospective public roads), (c) "road" and "road works authority" have the same meaning as in Part IV of the Act of 1991, (d) in sub-paragraph (3) for the words from "Part III" to "apply" there shall be substituted "Part IV of the [1991 c. 22.] New Roads and Street Works Act 1991 (road works in Scotland) applies", (e) in sub-paragraph (4) for the words from "Part III" to "1995" there shall be substituted "Part IV of the Act of 1991", (f) in sub-paragraph (6)(a) for the words from "Part III" to "1995," there shall be substituted "Part IV of the Act of 1991", and (g) in sub-paragraph (6)(b) for the words from "61" to "of 1995" there shall be substituted "120 of the Act of 1991". Entry on land for exploratory purposes2 (1) A person authorised in writing by a universal service provider may, at any reasonable time, enter upon and survey any land for the purpose of ascertaining whether the land would be suitable for use for any purpose in connection with the provision of a universal postal service. (2) The power to survey land conferred by this paragraph includes power to search and bore for the purpose of ascertaining the nature of the subsoil. (3) The powers conferred by this paragraph shall not be exercisable in relation to land which is covered by a building or will be so covered on the assumption that any planning permission which is in force is acted on. (4) In this paragraph "building" includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with a building. 3 (1) A person authorised to enter upon any land under paragraph 2 shall not demand to do so as of right unless-- (a) 28 days notice of the intended entry has been given to the occupier, and (b) if required to do so, he has produced evidence of his authority and has stated the purpose of his entry. (2) No person may carry out works authorised by paragraph 2(2) unless notice of the proposed works was included in the notice given under sub-paragraph (1). (3) If the land in question is held by statutory undertakers and they object to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the authority of the appropriate Minister shall be required for the carrying out of works authorised by paragraph 2(2). (4) In sub-paragraph (3) as it relates to England and Wales--
(5) In that sub-paragraph as it relates to Scotland--
and this sub-paragraph has effect notwithstanding the repeal of section 217 of the [1997 c. 8.] Town and Country Planning (Scotland) Act 1997 by paragraph 127(3) of Schedule 2 to the [S.I. 1999/1820.] Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999. (6) In that sub-paragraph as it relates to Northern Ireland--
4 (1) Any person who intentionally obstructs a person acting in the exercise of any power conferred by paragraph 2 shall be guilty of an offence. (2) A person who commits an offence under sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 5 (1) If in the exercise of any power conferred by paragraph 2 any damage is caused to land or moveables, any person interested in the land or moveables may recover compensation in respect of that damage from the universal service provider on whose behalf the power is exercised; and if in consequence of the exercise of such a power a person is disturbed in his enjoyment of any land or moveables, he may recover compensation from the universal service provider in respect of that disturbance. (2) In relation to England and Wales, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal; and sections 2 and 4 of the [1961 c. 33.] Land Compensation Act 1961 shall apply in relation to the determination subject to any necessary modifications. (3) In relation to Scotland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Scotland; and sections 9 and 11 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 shall apply in relation to the determination subject to any necessary modifications. (4) In relation to Northern Ireland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Northern Ireland; and the determination shall be deemed to be a determination to which section 31 of the [1965 c. 23 (N.I).] Land Development Values (Compensation) Act (Northern Ireland) 1965 applies. (5) In this paragraph "moveables" means-- (a) in relation to England and Wales and Northern Ireland, chattels, and (b) in relation to Scotland, corporeal moveables. Acquisition of land by agreement6 For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in England and Wales, the provisions of Part I of the [1965 c. 56.] Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8 and section 31, shall apply. 7 For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in Scotland, section 188(2) of the [1997 c. 8.] Town and Country Planning (Scotland) Act 1997 (incorporation of Lands Clauses Acts) shall, with any necessary modifications, apply for the purposes of this Act as it applies for the purposes of that Act. 8 For the purpose of the acquisition by agreement by a universal service provider for any purpose in connection with the provision of a universal postal service of land in Northern Ireland, the Lands Clauses Acts shall be incorporated with this Act except for sections 127 to 133 (sale of superfluous land) and sections 150 and 151 (access to the special Act) of the [1845 c. 18.] Lands Clauses Consolidation Act 1845. Power to sell Duchy of Lancaster land9 If a universal service provider proposes to acquire by agreement any land belonging to Her Majesty in right of the Duchy of Lancaster for any purpose in connection with the provision of a universal postal service, the Chancellor and Council of the Duchy of Lancaster may sell that land to him. Supplementary10 Any land acquired by agreement by a universal service provider by virtue of any of paragraphs 6 to 9 shall be deemed for all purposes to have been acquired by him for the purposes of his undertaking as a universal service provider. Section 119. SCHEDULE 7 Disclosure of informationProhibition on disclosure1 (1) This Schedule applies to information if-- (a) it was obtained by virtue of this Act (other than section 62 or 118), and (b) it relates to the affairs of an individual or to a particular business. (2) The information shall not be disclosed during the lifetime of the individual or so long as the business is carried on, except as provided below. Disclosure with consent2 Paragraph 1(2) does not apply to a disclosure made with the consent of the individual or the person for the time being carrying on the business. Other permitted disclosures3 (1) Paragraph 1(2) does not apply to a disclosure made-- (a) for the purpose of facilitating the carrying out by the Secretary of State, the Treasury, the Commission, the Competition Commission or the Council of any of his or their functions under this Act, (b) for the purpose of facilitating the carrying out by a person or body mentioned in sub-paragraph (2) of any of his or its functions under an enactment or instrument specified in sub-paragraph (3), (c) for the purpose of enabling or assisting the Secretary of State, the Treasury, the Department for Enterprise, Trade and Investment in Northern Ireland or the Department of Finance and Personnel in Northern Ireland to exercise any powers conferred by the [1986 c. 60.] Financial Services Act 1986 or by the enactments relating to companies, insurance companies or insolvency, (d) for the purpose of enabling or assisting an inspector appointed under the enactments relating to companies to carry out his functions, (e) for the purpose of enabling or assisting an official receiver to carry out his functions under the enactments relating to insolvency or for the purpose of enabling or assisting a recognised professional body for the purposes of section 391 of the [1986 c. 45.] Insolvency Act 1986 or Article 350 of the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989 to carry out its functions, (f) for the purpose of facilitating the carrying out by the Health and Safety Commission or the Health and Safety Executive of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority (within the meaning of Part I of the [1974 c. 37.] Health and Safety at Work etc. Act 1974) of any functions under a relevant statutory provision (within the meaning of that Act), (g) for the purpose of facilitating the carrying out by the Health and Safety Executive for Northern Ireland of any of its functions under any enactment or of facilitating the carrying out by any enforcing authority (within the meaning of Part I of the [S.I. 1978/1039 (N.I. 9).] Health and Safety at Work (Northern Ireland) Order 1978) of any function under a relevant statutory provision (within the meaning of that Order), (h) for the purpose of facilitating the carrying out by the Comptroller and Auditor General, or the Comptroller and Auditor General for Northern Ireland, of any of his functions under any enactment, (i) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings, (j) for the purposes of any civil proceedings brought by virtue of this Act or any enactment or instrument specified in sub-paragraph (3), (k) in pursuance of a Community obligation, (l) by the Secretary of State, or with his consent, to an international organisation of which the United Kingdom is a member, (m) in connection with negotiations conducted by officers of the Secretary of State with representatives of the government of a country or territory outside the United Kingdom, (n) in connection with the discharge of an obligation of the United Kingdom under international arrangements. (2) The persons and bodies are-- (a) any Minister of the Crown, (b) any Northern Ireland department, (c) any Northern Ireland Minister, (d) the Director General of Fair Trading, (e) the Competition Commission, (f) the Director General of Telecommunications, (g) the Independent Television Commission, (h) the Director General of Gas Supply, (i) the Director General of Gas for Northern Ireland, (j) the Director General of Water Services, (k) the Water Appeals Commission for Northern Ireland, (l) the Director General of Electricity Supply, (m) the Director General of Electricity Supply for Northern Ireland, (n) the Coal Authority, (o) the Civil Aviation Authority, (p) the Rail Regulator, (q) the Insolvency Practitioners Tribunal, (r) a local weights and measures authority in Great Britain. (3) The enactments and instruments are-- (a) the [1968 c. 29.] Trade Descriptions Act 1968, (b) the [1973 c. 41.] Fair Trading Act 1973, (c) the [1974 c. 39.] Consumer Credit Act 1974, (d) the [1979 c. 38.] Estate Agents Act 1979, (e) the [1980 c. 21.] Competition Act 1980, (f) the [1984 c. 12.] Telecommunications Act 1984, (g) the [1986 c. 31.] Airports Act 1986, (h) the [1986 c. 44.] Gas Act 1986, (i) the [1986 c. 45.] Insolvency Act 1986, (j) the [1987 c. 43.] Consumer Protection Act 1987, (k) the [1989 c. 29.] Electricity Act 1989, (l) the [1990 c. 42.] Broadcasting Act 1990, (m) the [1991 c. 29.] Property Misdescriptions Act 1991, (n) the [1991 c. 56.] Water Industry Act 1991, (o) the [1991 c. 57.] Water Resources Act 1991, (p) the [1993 c. 43.] Railways Act 1993, (q) the [1994 c. 21.] Coal Industry Act 1994, (r) the [1996 c. 55.] Broadcasting Act 1996, (s) the [1998 c. 41.] Competition Act 1998, (t) the [S.I. 1973/70] Water and Sewerage Services (Northern Ireland) Order 1973, (u) the [S.I. 1987/460 (N.I. 5).] Audit (Northern Ireland) Order 1987, (v) the [S.I. 1987/2049 (N.I. 20).] Consumer Protection (Northern Ireland) Order 1987, (w) the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989, (x) the [S.I. 1992/231] Electricity (Northern Ireland) Order 1992, (y) Part IV of the [S.I. 1994/426 (N.I. 1.)] Airports (Northern Ireland) Order 1994, (z) the [S.I. 1996/275 (N.I. 2.).] Gas (Northern Ireland) Order 1996, (aa) the [S.I. 1996/2199.] EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996, (bb) the [S.I. 1999/662] Water (Northern Ireland) Order 1999, (cc) any subordinate legislation made for the purpose of securing compliance with the Directive of the Council of the European Communities dated 10th September 1984 (No. 84/450/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning misleading advertising. 4 The Secretary of State may by order modify paragraph 3. Other exceptions5 (1) Paragraph 1(2) does not limit the information which may be-- (a) included in, or made public as a part of, a report on a reference under section 15, (b) included in, or made public as part of, a report under section 45, 55 or 57, (c) published by the Commission under section 46, or (d) made available by the Council under section 52, 53 or 59 or the Commission under section 58. (2) Sub-paragraph (1) is without prejudice to any other exception to paragraph 1(2). (3) Paragraph 1(2) does not apply to information which has been made available to the public by being disclosed in circumstances in which, or for a purpose for which, disclosure is not precluded by this Schedule. Offence6 (1) A person commits an offence if he discloses information in contravention of this Schedule. (2) A person who commits an offence under sub-paragraph (1) 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. Section 127(4). SCHEDULE 8 Amendments of enactmentsPart I General amendments1 (1) Any enactment which requires or authorises a document or other thing to be sent by post (whether or not it makes any other provision in that respect) shall not be construed as limited to requiring or (as the case may be) authorising that thing to be sent by the postal system of the Post Office company. (2) Any enactment which makes any other provision in relation to the sending of a document or other thing by post or to a thing so sent shall not be construed as limited to the sending of that thing by the postal system of the Post Office company or (as the case may be) to a thing sent by that system. 2 (1) Any enactment which requires or authorises a document or other thing to be sent by registered post (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a registered post service. (2) Any enactment which makes any other provision in relation to the sending of a document or other thing by registered post or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a registered post service or (as the case may be) to a thing sent by such a service. 3 (1) Any enactment which requires or authorises a document or other thing to be sent by recorded delivery (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a postal service which provides for the delivery of the document or other thing by post to be recorded. (2) Any enactment which makes any other provision in relation to the sending of a document or other thing by recorded delivery or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which provides for the delivery of the document or other thing by post to be recorded or (as the case may be) to a thing sent by such a service. 4 (1) Any enactment which requires or authorises a document or other thing to be sent by first class post (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases. (2) Any enactment which makes any other provision in relation to the sending of a document or other thing by first class post or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases or (as the case may be) to a thing sent by such a service. 5 (1) Any reference (however worded and including references which are to be construed as such references) in a related enactment to the post or to a thing sent by post shall not be construed as limited to the postal system of the Post Office company or (as the case may be) to a thing sent by that system. (2) In sub-paragraph (1) "related enactment" means-- (a) any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph 1 applies, or (b) any enactment relating to the sending of documents or other things otherwise than by post or to documents or other things so sent. (3) Any reference (however worded and including references which are to be construed as such references) in a related enactment to the registered post, the recorded delivery service or the first class post, or to a letter or other postal packet sent by that service or post, shall be construed as references (as the case may be) to a registered post service, a postal service which provides for the delivery of the document or other thing by post to be recorded or a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases, or to a letter or other postal packet sent by such a service or post. (4) In sub-paragraph (3) "related enactment" means-- (a) any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph 2, 3 or (as the case may be) 4 applies, (b) any enactment relating to the sending of documents or other things otherwise than by registered post, recorded delivery or (as the case may be) first class post or to documents or other things so sent. (5) Any reference (however worded and including references which are to be construed as such references) in a related enactment to-- (a) a Post Office receipt for a registered or recorded letter or other postal packet, Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 -- Back --
Stat
|
Other
|