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

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Clause 102
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
94     Page 61, line 8, leave out ("may") and insert ("shall") 
95     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")
 
96     Page 61, line 26, at beginning insert ("subject to subsection (5A),") 
  
BY THE BARONESS BYFORD
THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
97     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
 
98     Page 61, line 44, at beginning insert ("subject to subsection (5A),") 
99     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.")
 
100     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.")
 
101     Page 62, line 1, leave out subsection (6) 
  
After Clause 102
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
102     Insert the following new Clause-- 
     ("  .--(1)  Subsection (2) applies to--
    (a)  a postal packet,
    (b)  anything contained in a postal packet, and
    (c)  a mail-bag containing a postal packet,
which is not the property of the Crown but which is in the course of transmission by post.
 
    (2)  Anything to which this subsection applies shall have the same immunity from--
    (a)  examination, or seizure or detention, under a relevant power conferred by virtue of this Act or any other enactment,
    (b)  seizure under distress or in execution,
    (c)  in Scotland, any diligence, and
    (d)  retention by virtue of a lien,
as it would have if it were the property of the Crown.
 
    (3)  In subsection (2) "relevant power" means any power other than--
    (a)  a power conferred by section 47 so far as it is exercised for any purpose connected with the investigation of an offence under section 6 or any proceedings for such an offence,
    (b)  a power conferred under section 49,
    (c)  a power conferred by an enactment relating to customs or excise in its application, by virtue of section 103 or any regulations made under that section, to goods contained in postal packets, or
    (d)  a power conferred by section 104 or 105.
    (4)  The Secretary of State may by order modify subsection (3).")
Inviolability of mails.
  
Clause 103
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
103     Page 62, line 20, leave out ("other country") and insert ("country or territory outside the United Kingdom") 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
104     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.")
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
105     Page 62, line 29, after ("concerned") insert ("and in England and Wales and Northern Ireland may be so recovered") 
  
Clause 105
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
106     Page 63, line 27, leave out ("if necessary,") 
107     Page 63, line 27, leave out ("in the post office") 
108     Page 63, line 29, at end insert--
    ("(  )  destroy or otherwise dispose of the packet.")
 
109     Page 63, line 29, at end insert--
 
    ("(  )  Subsection (1) is without prejudice to any other powers which the postal operator may have in relation to the packet (whether under the terms and conditions applicable to its transmission by post or otherwise).")
 
  
After Clause 108
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
110     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.
111     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.
112     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.
113     [Withdrawn] 
113A     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 postal and money 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 are issued by the Post Office company 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) above by the postal administration of the other country or territory.")
Special arrangements with other countries or territories.
 
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