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

back to previous amendments
 
  
Clause 52
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
48     Page 33, line 24, leave out paragraph (d) 
  
Clause 53
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
49     Page 33, line 40, leave out (", or arranging the publication of,") 
  
Clause 54
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
THE LORD SKELMERSDALE
 
50     Page 34, line 28, at end insert--
    (  )  a committee for England,")
 
51     Page 34, line 32, after ("within") insert ("England,") 
52     Page 34, line 33, leave out from ("Ireland") to end of line 35 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
53     Page 34, line 43, at end insert--
 
    ("(7)  The Council shall maintain a continuously available internet site at which users of relevant postal services may obtain information without charge.")
 
  
Clause 55
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
54     Page 35, line 7, leave out ("arrange for") and insert ("publish") 
55     Page 35, line 7, leave out ("to be published") 
56     Page 35, line 10, leave out ("arrange for") and insert ("publish") 
57     Page 35, line 10, leave out ("to be published") 
  
Clause 57
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
58     Page 36, leave out line 2 
59     Page 36, line 3, leave out subsection (2) 
  
Clause 61
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
60     Page 38, line 42, after ("or") insert ("(as the case may be)") 
  
Clause 62
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
61*     Page 39, line 8, at end insert--
 
    ("(  )  Prior to the nomination of any company by the Secretary of State pursuant to subsection (1) the Secretary of State shall publish an order to be laid before and approved by a resolution of each House of Parliament setting out the contents of the Memorandum and Articles of Association of such company and the other details required to be filed with the Registrar of Companies on the incorporation of a new company.")
 
62*     Page 39, line 13, at end insert--
 
    ("(  )  Subject to any proper requirement to protect commercial confidentially the Secretary of State shall lay before both Houses of Parliament a report on the nature and content of such consultation prior to the transfer of assets to the nominated company pursuant to subsection (1).")
 
63*     Page 39, line 22, leave out ("the Treasury or") 
  
Schedule 3
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
64     Page 79, line 31, at end insert-- 
 ("Welfare funds 
     .--(1) This paragraph applies to--
    (a)  a fund (whether described as a welfare fund, benevolent fund, mutual aid fund or otherwise) whose objects consist in, or include, the provision of benefits in case of need, sickness or distress for Post Office beneficiaries, and
    (b)  a society or organisation (however described) whose objects are similar.
    (2)  In sub-paragraph (1) "Post Office beneficiaries" means any or all of the following persons--
    (a)  persons who are, or have been, engaged in the business of the Post Office,
    (b)  the relatives or dependants of such persons.
    (3)  The provisions of the trust deed, rules, regulations or other instrument constituting or regulating a fund, society or organisation to which this paragraph applies may, by resolution of the managers of the fund, society or organisation, be altered as mentioned in sub-paragraph (4).
 
    (4)  The provisions may be altered so as--
    (a)  to permit persons who are, or have been, engaged in the business of the Post Office company, or such persons of a particular description, to become members of, or subscribers to, the fund, society or organisation,
    (b)  to entitle such persons, or such persons of a particular description, and persons claiming in right of them, to receive benefits from the fund, society or organisation (subject to any terms and conditions specified in the resolution) if, and to the extent that, they would be entitled to receive benefits from it if being engaged in the business of the Post Office company were being engaged in the business of the Post Office.
    (5)  No alteration may be made that alters the character of the fund, society or organisation.
 
    (6)  If a resolution of the managers of a fund, society or organisation to which this paragraph applies so provides--
    (a)  any references in the trust deed, rules, regulations or other instrument constituting or regulating the fund, society or organisation to the Post Office shall be construed as references (or, if the context so requires, as including references) to the Post Office company, and
    (b)  any references in that instrument to persons engaged in the business of the Post Office or persons of a particular description so engaged shall be construed as references (or, if the context so requires, as including references) to persons engaged in the business of the Post Office company or (as the case may be) persons of a corresponding description so engaged.
    (7)  In this paragraph "managers" in relation to a fund, society or organisation, means the trustees, committee or other persons entrusted with its management.")
 
  
Clause 63
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
65*     Page 39, line 33, leave out ("the Treasury or") 
66*     Page 40, line 2, leave out ("without the consent of the Treasury or") 
  
Clause 65
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
67*     Page 40, line 42, leave out paragraph (a) and insert--
    ("(a)  they are issued to the Secretary of State or any nominee of his, or")
 
68*     Page 41, line 5, leave out paragraph (a) and insert--
    ("(a)  they are issued to the Secretary of State or any nominee of his,")
 
  
After Clause 67
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
69     Insert the following new Clause-- 
     ("  .--(1)  Where the Post Office company or any relevant subsidiary proposes to acquire or dispose of an undertaking or any interest in an undertaking and--
    (a)  the gross assets of that undertaking or attributable to that interest are equal to more than 10 per cent. of the gross assets of the Post Office company or the relevant subsidiary; or
    (b)  the turnover of that undertaking or attributable to that interest is equal to more than 10 per cent. of the turnover of the Post Office company or the relevant subsidiary; or
    (c)  the net profits of that undertaking or attributable to that interest are equal to more than 10 per cent. of the net profits of the Post Office company or the relevant subsidiary,
the Post Office company or the relevant subsidiary must as soon as practicable publish a notice in accordance with subsection (2).
 
    (2)  A notice under this subsection must be published in the London Gazette, the Edinburgh Gazette and the Belfast Gazette in such form as the Secretary of State may prescribe and must include--
    (a)  the name of the undertaking;
    (b)  a description of the business carried on by the undertaking and, where the transaction is an acquisition or disposal of an interest in the undertaking, a description of the business attributable to that interest;
    (c)  the effect of the transaction and, in particular, the benefits which the directors expect to accrue to the Post Office company or any relevant subsidiary;
    (d)  the price (or the monetary value of any other consideration) to be paid or received by the Post Office company or any relevant subsidiary and, in the case of a disposal how the proceeds of the disposal are to be applied; and
    (e)  if any securities are to be issued as a result of the transaction, the nature and amount of those securities.
    (3)  In this section "gross assets" means total fixed assets and total current assets.")
Publication of particulars of acquisitions and disposals.
  
Clause 68
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
70     Page 42, line 32, after ("rates") insert ("(being not less than the commercial rates generally payable in the financial markets at the time of making the loans)") 
  
Clause 70
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
71     Page 44, line 12, leave out ("this section") and insert ("subsection (1), (2) or (5)") 
  
Clause 71
 
  
BY THE LORD DEARING
 
72     Page 44, line 33, leave out paragraph (f) 
  
Schedule 4
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
73     Page 82, line 5, at end insert-- 
 ("Value added tax 
     . The Post Office company shall, on and after the appointed day, be treated for all purposes of value added tax as if it were the same person as the Post Office.") 
  
Clause 83
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
74     Page 49, line 39, after ("or") insert--
    ("(b)  intentionally opens")
 
75     Page 49, line 39, at end insert--
 
    ("(1A)  Subsection (1) does not apply to the delaying or opening of a postal packet or the opening of a mail-bag under the authority of--
    (a)  this Act or any other enactment (including, in particular, in pursuance of a warrant issued under any other enactment), or
    (b)  any directly applicable Community provision.
    (1B)  Subsection (1) does not apply to the delaying or opening of a postal packet in accordance with any terms and conditions applicable to its transmission by post.
 
    (1C)  Subsection (1) does not apply to the delaying of a postal packet as a result of industrial action in contemplation or furtherance of a trade dispute.
 
     (1D)  In subsection (1C) "trade dispute" has the meaning given by section 244 of the Trade Union and Labour Relations (Consolidation) Act 1992 or Article 127 of the Trade Union and Labour Relations (Northern Ireland) Order 1995; and the reference to industrial action shall be construed in accordance with that Act or (as the case may be) that Order.")1992 c. 52.
S.I. 1995/1980 (N.I.12).
  
Clause 84
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
76     Page 50, line 5, after ("or") insert--
    ("(b)  intentionally opens")
 
77     Page 50, line 5, at end insert--
 
    ("(  )  Subsections (1A) to (1D) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.")
 
78     Page 50, line 8, at end insert--
 
    ("(  )  Subsections (1A) and (1B) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (2) above as they apply to subsection (1) of that section.")
 
  
After Clause 84
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
79     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 87
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
80*     Page 51, line 23, at end insert (", or
    (c)  the words "Post Office" or any words, letters or marks which signify or imply or may reasonably lead the public to believe that any house or place is a post office operated by or with the sanction of the company nominated by the Secretary of State pursuant to section 62")
 
81*     Page 51, line 46, at end insert--
 
    ("(  )  A person commits an offence if without the sanction of Her Majesty he shall--
    (a)  place or maintain in or on any ship, vehicle, aircraft or premises belonging to him or under his control, or
    (b)  uses in any document in relation to himself or any other person or in relation to any ship, vehicle, aircraft or premises,
the words "Royal Mail" or the Crown or the Royal Cypher.
 
    (  )  A person other than the company nominated by the Secretary of State pursuant to section 62 of this Act commits an offence if he shall issue or sanction the use of any adhesive postage stamp or label for payment or prepayment for any postal services provided by him or as a receipt therefor.
 
    (  )  A person commits an offence if he shall without the consent of Her Majesty utilise or permit the use of her effigy on any envelope, or the address section of any post card, or on any air letter form or postal wrapper.")
 
 
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