Postal Services Bill - continued        House of Lords
PART VII, MISCELLANEOUS AND SUPPLEMENTARY - continued

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Evidential provisions
Evidence of amount of postage etc.     106. - (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
 
    (c) cannot for any other reason be delivered,
       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.
 
Evidence of thing being a postal packet.     107. - (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 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 Theft Act (Northern Ireland) 1969 shall apply as it applies to proceedings for the theft of anything in the course of transmission by post.
 
Certificates in relation to universal postal service letter boxes.     108. 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.
 
 
Other
Extension of existing powers relating to the Post Office.     109. - (1) In section 7(2) of the 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 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
 
    (c) the words ", not exceeding £1,700 million," shall be repealed.
The Postcode Address File.     110. - (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.
 
General restrictions on disclosure of information.     111. Schedule 7 (which makes provision about disclosure of information) shall have effect.
 
 
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