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Amendments to the Postal Services Bill

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

Here you can browse the Second Marshalled List of Amendments to the Postal Services Bill to be moved in Committee in the House of Lords.

 The amendments have been marshalled in accordance with the instruction of 25th May 2000, as follows-- 
 Clauses 67 to 81
Schedule 4
Clauses 82 to 94
Schedules 5 and 6
Clauses 95 to 111
Schedule 7
Clauses 112 to 119
Schedules 8 and 9
Clauses 120 to 123
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
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)  use 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.")
 
  
Clause 89
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
82     Page 52, line 34, at end insert ("(so far as not otherwise agreed)") 
83     Page 53, line 17, after ("concerned") insert ("and in England and Wales and Northern Ireland may be so recovered") 
  
Clause 90
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
84     Page 53, line 21, after ("lie") insert ("or, in Scotland, be competent") 
  
After Clause 93
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
85     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 in Northern Ireland.")
Power to require carriage of mail-bags by ship or aircraft.
  
Schedule 5
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
86     Page 82, line 44, at end insert--
 
    ("(  )  Section 114(1) does not apply to an order of the Secretary of State under this paragraph.")
 
87     Page 86, line 22, leave out paragraph 20 
  
Clause 95
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
88     Page 55, line 31, leave out subsections (1) to (3) 
  
Clause 100
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
89     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.")
 
90     Page 59, line 36, after ("generally") insert ("or any description of licence holders)") 
  
Clause 101
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
91     Page 60, line 29, leave out ("may") and insert ("shall") 
92     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") 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
THE LORD SKELMERSDALE
 
93     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")
 
 
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