Postal Services Bill - continued        House of Lords
PART VII, MISCELLANEOUS AND SUPPLEMENTARY - continued
Inviolability of mails etc. - continued

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Conditions of transit of postal packets.     107. - (1) If a postal operator knows or reasonably suspects that a postal packet is being sent by post in contravention of section 85, he may-
 
 
    (a) refuse the transmission of the packet,
 
    (b) detain the packet and open it,
 
    (c) subject to any requirements as to additional postage or charges, return the packet to its sender or forward it to its destination,
 
    (d) destroy or otherwise dispose of the packet.
      (2) 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).
 
 
Evidential provisions
Evidence of amount of postage etc.     108. - (1) The mark of-
 
 
    (a) a universal service provider in connection with the provision of a universal postal service, or
 
    (b) a foreign postal administration,
 
    of any sum on any postal packet as due in respect of that packet shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the liability of the packet to the sum so marked.
      (2) Subsections (3) to (5) apply in relation to any legal proceedings for the recovery of postage or other sums due in respect of postal packets.
 
      (3) In any such proceedings, the production of the packet concerned with a stamp or other endorsement on it of a universal service provider (and made in connection with the provision of a universal postal service) or of a foreign postal administration indicating that the packet-
 
 
    (a) has been refused or rejected,
 
    (b) is unclaimed, or
 
    (c) cannot for any other reason be delivered,
 
    shall, unless the contrary is shown, be sufficient proof of the fact indicated.
      (4) In any such proceedings, a certificate of a universal service provider that any mark, stamp or endorsement is such a mark, stamp or endorsement as is mentioned in subsection (1) or (3) shall, unless the contrary is shown, be sufficient proof of that fact.
 
      (5) In any such proceedings, the person from whom the packet concerned purports to have come shall, unless the contrary is shown, be taken to be the sender of the packet.
 
Evidence of thing being a postal packet.     109. - (1) On the prosecution of an offence under this Act (whether summarily or on indictment), evidence that any article is in the course of transmission by post, or has been accepted by a postal operator for transmission by post, shall be sufficient evidence that the article is a postal packet.
 
      (2) In any proceedings in England and Wales for an offence under section 83 or 84 of this Act, section 27(4) of the Theft Act 1968 shall apply as it applies to proceedings for the theft of anything in the course of transmission by post.
 
      (3) In any proceedings in Northern Ireland for an offence under section 83 or 84 of this Act, section 26(5) of the Theft Act (Northern Ireland) 1969 shall apply as it applies to proceedings for the theft of anything in the course of transmission by post.
 
Certificates in relation to universal postal service letter boxes.     110. A certificate given by or on behalf of a universal service provider to the effect that any box or receptacle is or was provided by the provider concerned for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission in connection with the provision of a universal postal service, shall, unless the contrary is shown, be sufficient proof in any legal proceedings of the facts stated.
 
 
Postal and money orders
Exclusion of liability in relation to postal and money orders.     111. - (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 113 "banker" includes a body which carries on the business of banking.
 
Schemes in relation to postal and money orders.     112. - (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.
 
 
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Prepared 16 June 2000