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

back to previous amendments
 
  
Clause 84
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
     Insert the following new Clause-- 
     ("  .  In sections 83 and 84 "reasonable excuse" includes intentionally delaying or opening a postal packet in the course of its transmission by post--
    (a) pursuant to a request from any constable or the Commissioners of Customs and Excise, or
    (b) if a person reasonably suspects that the postal packet contains goods which may be illegal.")
Definition of "reasonable excuse".
  
Clause 90
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 53, line 21, after ("lie") insert ("or, in Scotland, be competent") 
  
After Clause 93
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Insert the following new Clause-- 
     (".--(1) A universal service provider may, for any purpose in connection with the provision of a universal postal service, require by notice the owner or operator of a relevant ship or aircraft to carry mail-bags in the ship or aircraft.
 
    (2)  In subsection (1) "relevant ship or aircraft" means any ship or aircraft which carries on regular communications between two places in the United Kingdom, one of which is not readily accessible by road.
 
    (3)  The remuneration for any services provided in pursuance of this section shall be determined--
    (a)  by agreement between the universal service provider and the owner or operator concerned, or
    (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 for Northern Ireland.")
Power to require carriage of mail-bags by ship or aircraft.
  
Schedule 5
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 82, line 44, at end insert--
 
    ("(  )  Section 114(1) does not apply to an order of the Secretary of State under this paragraph.")
 
  
Clause 100
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 59, line 21, leave out subsection (2) and insert--
 
    ("(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.")
 
     Page 59, line 36, after ("generally") insert ("or any description of licence holders)") 
  
Clause 101
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
     Page 60, line 29, leave out ("may") and insert ("shall") 
     Page 60, line 35, leave out from ("require") to ("to") in line 36 and insert ("a universal service provider or any licence holder under Part II who is not a universal service provider") 
     Page 60, line 45, at end insert--
    ("(f)  require a universal service provider to keep separate accounts of each of the postal services which may not be provided unless he is a licence holder under Part II and any other postal services, and that the accounts for any other postal services clearly distinguish between services which are part of a universal postal service and which are not,
    (g)  prohibit cross-subsidies by a universal service provider between the postal services which may not be provided unless he is a licence holder under Part II and any other postal services which are not part of a universal postal service")
 
  
Clause 102
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
     Page 61, line 8, leave out ("may") and insert ("shall") 
     Page 61, line 20, at end insert (", and
    (b)  that the community and social needs of the areas in which the post offices referred to in this section are situated are given priority over any commercial considerations")
 
     Page 61, line 26, at beginning insert ("subject to subsection (5A)") 
  
BY THE BARONESS BYFORD
THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
     Page 61, line 31, at end insert--
 
    ("(  )  A scheme under this section must provide for payments under the scheme to be made subject to conditions specified in or determined under the scheme enabling payments of any benefit to which section 5 of the Social Security Administration Act 1992 applies to be made at a public post office to which the scheme applies--
    (a)  in cash;
    (b)  in a manner which ensures the identification of the recipient; and
    (c)  to a designated proxy of the recipient.")
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
     Page 61, line 44, at beginning insert ("subject to subsection (5A)") 
     Page 61, line 45, at end insert--
 
    ("(5A)  No part of the subsidy paid pursuant to this section shall be paid to any bank or building society.")
 
     Page 61, line 45, at end insert--
 
    ("(  )  Unless the person referred to in subsections (2), (3) and (5)(c) is a Minister of the Crown he shall be revocably appointed by the Commission but shall not be--
    (a)  a local authority or the representative of a local authority;
    (b)  a member of a local authority or a candidate for election to a local authority;
    (c)  a trade association or a trade union or the representative of either.")
 
     Page 62, line 1, leave out subsection (6) 
  
Clause 103
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
     Page 62, line 25, at end insert--
 
    ("(  )  Nothing in this section or any of the enactments referred to in subsection (1) shall be taken to authorise the imposition of any obligation upon a particular postal operator or class of postal operators in a manner which--
    (a)  imposes an undue financial or administrative burden on that postal operator or class of postal operators; or
    (b)  otherwise distorts competition in the provision of postal services.")
 
  
After Clause 110
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Insert the following new Clause-- 
     (".--(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.")
Records of the former Postmaster General's department.
  
Schedule 7
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 91, line 6, after ("State") insert (", the Treasury") 
     Page 93, leave out line 8 
     Page 93, line 12, at end insert--
 
    ("(  )  Sub-paragraph (1) is without prejudice to any other exception to paragraph 1(2).")
 
  
Clause 114
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 67, line 16, leave out ("or 101") and insert (", 101 or 121") 
  
Clause 117
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 69, line 13, after ("collecting") insert (", sorting") 
  
Clause 119
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 71, line 24, at end insert--
 
    ("(  )  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.")
 
  
Schedule 8
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 93, line 24, at end insert-- 
 ("Public Records Act 1958 (c.51) 
     . In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table which is at the end of paragraph 3, there shall be inserted at the appropriate places--
    Consumer Council for Postal Services"
    Post Office company (within the meaning of Part IV of the Postal Services Act 2000)."")
 
     Page 93, line 29, at end insert--
 
    (". In that Schedule to that Act the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.")
 
     Page 94, line 12, at end insert--
 
    (". In Part II of Schedule 1 to the Act of 1975 the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.")
 
     Page 95, line 25, at end insert-- 
 ("Value Added Tax Regulations 1995 (S.I.1995/2518) 
     . In regulation 2 of the Value Added Tax Regulations 1995 (interpretation) in the definition of "datapost packet"--
    (a)  for the words "the Post Office" there shall be substituted "the Post Office company",
    (b)  after "a post office" there shall be inserted "of the Post Office company", and
    (c)  after "United Kingdom", where it appears for the fifth time, there shall be inserted "by that company".")
 
     Page 95, line 41, at end insert-- 
 ("Postal Services Regulations 1999 (S.I. 1999/2107) 
     . In Regulation 2(1) of the Postal Services Regulations 1999 (designation of Secretary of State and Postal Services Commission as national regulatory authorities for the postal sector in the United Kingdom) the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.") 
  
Schedule 9
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 96, line 18, at end insert-- 
 
("1967 c. 13.Parliamentary Commissioner Act 1967In Schedule 2, the entries relating to the Post Office Users' Council for Northern Ireland, the Post Office Users' Council for Scotland, the Post Office Users' Council for Wales and the Post Office Users' National Council."
 
     Page 96, line 32, column 3, leave out ("Section 74(2).") and insert-- 
 
("Sections 69 to 75.
Sections 80 and 81.")
 
     Page 96, line 47, column 3, leave out ("Postal Services") and insert ("Post Office") 
     Page 97, column 3, leave out lines 46 to 50 and insert-- 
 
("In Regulation 1(3), the definitions of "the 1969 Act" and "the 1981 Act".
Regulation 2(2) and (3).")
 
     Page 97, line 52, column 3, leave out ("Regulation 4.") and insert ("Regulations 4 to 6.") 
  
 
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Prepared 6 June 2000