Postal Services Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
After Clause 108
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Insert the following new Clause-- 
 ("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 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 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 (Recoupment of losses on wrongly paid money orders) "banker" includes a body which carries on the business of banking.")
Exclusion of liability in relation to postal and money orders.
     Insert the following new Clause-- 
     ("  .--(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
    (c)  procedures for dealing with the complaints of persons who use the services concerned.
    (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,
    (c)  specify the manner in which, time and place at which and person by whom the charges are to be paid.
    (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.")
Schemes in relation to postal and money orders.
     Insert the following new Clause-- 
     ("  .--(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
    (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.")
Recoupment of losses on wrongly paid money orders.
     Insert the following new Clause-- 
     ("  .--(1)  References in sections (Exclusion of liability in relation to postal and money orders) (other than subsection (4)), (Schemes in relation to money and postal orders) and (Recoupment of losses on wrongly paid money orders) 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--
    (a)  correspond to money orders issued by the Post Office company, and
    (b)  are issued by it 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 (Schemes in relation to postal and money orders)(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)(b) above by the postal administration of the other country or territory.")
Special arrangements with other countries or territories.
  
Clause 114
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 67, line 20, leave out ("or") 
     Page 67, line 20, after (" 93") insert ("or (Inviolability of mails)(4)") 
     Page 67, line 20, after (" 93") insert ("or (Schemes in relation to postal and money orders)(10)") 
     Page 67, line 23, leave out subsection (5) 
     Page 67, line 32, after (" 101") insert (", (Inviolability of mails)(4)") 
     Page 67, line 34, after (" 102") insert (", (Schemes in relation to postal and money orders)(10)") 
  
Clause 117
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 68, line 13, at end insert--
    (""body" includes an unincorporated association,")
 
  
Clause 118
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 70, line 19, at end insert-- 
 
("Body Section 117(1)")
 
  
Schedule 8
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 95, line 41, at end insert-- 
 ("Local Government and Rating Act 1997 (c.29) 
     .  In Schedule 2 to the Local Government and Rating Act 1997, in paragraph 3(4)(a) (relief from non-domestic rates for rural post offices) for the words from "the Post Office" to "1953)" there shall be substituted "a universal service provider (within the meaning of the Postal Services Act 2000) and in connection with the provision of a universal postal service (within the meaning of that Act)".") 
  
Schedule 9
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 96, column 3, leave out lines 4 to 13 and insert ("The whole Act.") 
     Page 96, leave out lines 14 to 18 
     Page 96, line 33, column 3, at end insert-- 
  ("Section 87.") 
     Page 96, line 35, column 3, at end insert-- 
 ("Schedules 1 to 3.") 
  
Clause 122
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 71, line 43, leave out (" 108") and insert ("(Special arrangements with other countries or territories)") 
 
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