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

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Schedule 8
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 98, line 25, at end insert-- 
 ("PART I 
 GENERAL AMENDMENTs 
     A1.--(1) Any enactment which requires or authorises a document or other thing to be sent by post (whether or not it makes any other provision in that respect) shall not be construed as limited to requiring or (as the case may be) authorising that thing to be sent by the postal system of the Post Office company.
 
    (2)  Any enactment which makes any other provision in relation to the sending of a document or other thing by post or to a thing so sent shall not be construed as limited to the sending of that thing by the postal system of the Post Office company or (as the case may be) to a thing sent by that system.
 
    A2.--(1) Any enactment which requires or authorises a document or other thing to be sent by registered post (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a registered post service.
 
    (2)  Any enactment which makes any other provision in relation to the sending of a document or other thing by registered post or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a registered post service or (as the case may be) to a thing sent by such a service.
 
    A3.--(1) Any enactment which requires or authorises a document or other thing to be sent by recorded delivery (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a postal service which provides for the delivery of the document or other thing by post to be recorded.
 
    (2)  Any enactment which makes any other provision in relation to the sending of a document or other thing by recorded delivery or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which provides for the delivery of the document or other thing by post to be recorded or (as the case may be) to a thing sent by such a service.
 
    A4.--(1) Any enactment which requires or authorises a document or other thing to be sent by first class post (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases.
 
    (2)  Any enactment which makes any other provision in relation to the sending of a document or other thing by first class post or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases or (as the case may be) to a thing sent by such a service.
 
    A5.--(1) Any reference (however worded and including references which are to be construed as such references) in a related enactment to the post or to a thing sent by post shall not be construed as limited to the postal system of the Post Office company or (as the case may be) to a thing sent by that system.
 
    (2)  In sub-paragraph (1) "related enactment" means--
    (a)  any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph A1 applies, or
    (b)  any enactment relating to the sending of documents or other things otherwise than by post or to documents or other things so sent.
    (3)  Any reference (however worded and including references which are to be construed as such references) in a related enactment to the registered post, the recorded delivery service or the first class post, or to a letter or other postal packet sent by that service or post, shall be construed as references (as the case may be) to a registered post service, a postal service which provides for the delivery of the document or other thing by post to be recorded or a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases, or to a letter or other postal packet sent by such a service or post.
 
    (4)  In sub-paragraph (3) "related enactment" means--
    (a)  any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph A2, A3 or (as the case may be) A4 applies,
    (b)  any enactment relating to the sending of documents or other things otherwise than by registered post, recorded delivery or (as the case may be) first class post or to documents or other things so sent.
    (5)  Any reference (however worded and including references which are to be construed as such references) in a related enactment to--
    (a)  a Post Office receipt for a registered or recorded letter or other postal packet,
    (b)  an acknowledgement by the Post Office of delivery of such a letter or packet, or a certificate by the Post Office of such delivery,
shall be construed as a reference to a receipt of, or an acknowledgement or certificate by, the postal operator concerned.
 
    (6)  In sub-paragraph (5) "related enactment" means--
    (a)  any enactment (other than a future enactment) the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph A2 or (as the case may be) A3 applies,
    (b)  any enactment (other than a future enactment) relating to the sending of documents or other things otherwise than by registered post or recorded delivery or to documents or other things so sent.
    (7)  This paragraph is without prejudice to the generality of paragraphs A1 to A4.
 
    A6.--(1) The Secretary of State may by order provide for any provision of paragraphs A1 to A5 not to apply, or to apply with modifications, in such cases or descriptions of case as he considers appropriate.
 
    (2)  Paragraphs A1 to A5 do not apply in relation to future enactments if the context otherwise requires.
 
    (3)  Paragraphs A1 to A5 are subject to any provision made by or under this Act.
 
    A7.--(1) In this Part of this Schedule, "future enactment" means any enactment passed or made after the passing of this Act other than--
    (a)  any enactment made before the commencement of this sub-paragraph and comprised in subordinate legislation made under an enactment passed or made before the passing of this Act, and
    (b)  any Act passed in the same session as this Act or any enactment comprised in subordinate legislation made under such an Act before the commencement of this sub-paragraph.
    (2)  In this Part of this Schedule--
    (a)  references to sending a document or other thing include references to serving, executing, giving or delivering it or doing any similar thing,
    (b)  references to sending any thing by registered post include references to sending it by or in a registered letter or other postal packet (whether the references are expressed in those terms or terms having a similar effect and whether there is any mention of the post or prepayment),
    (c)  references to sending any thing by recorded delivery include references to sending it by or in a recorded letter or other postal packet (whether the references are expressed in those terms or terms having a similar effect and whether there is any mention of the post or prepayment),
    (d)  references to any thing sent by registered post or the recorded delivery service shall be construed accordingly.
 
 PART II 
 OTHER AMENDMENTS") 
     Page 98, line 39, at end insert-- 
 ("Post Office Act 1969 (c.48) 
     . In section 135(1) of the Post Office Act 1969 (remuneration of Post Office for issuing game licences in England and Wales) for "the Post Office", where it appears for the first, second and third time, there shall be substituted "the Post Office company".") 
     Page 100, line 17, at end insert-- 
 ("Mental Health Act 1983 (c.20) 
     .--(1) Section 134 of the Mental Health Act 1983 (correspondence of patients) shall be amended as follows.
 
    (2)  In subsection (1) for "the Post Office" there shall be substituted "the postal operator concerned".
 
    (3)  In subsection (9)--
    (a)  after "this Act" there shall be inserted "and "postal operator" and",
    (b)  for "has", where it appears for the second time, there shall be substituted "have", and
    (c)  for "the Post Office Act 1953" there shall be substituted "the Postal Services Act 2000".")
 
     Page 100, line 17, at end insert-- 
 ("Insolvency Act 1986 (c.45) 
     . In section 371(1) of the Insolvency Act 1986 (re-direction of bankrupt's letters etc.)--
    (a)  for "the Post Office" there shall be substituted "a postal operator (within the meaning of the Postal Services Act 2000)",
    (b)  for "the Post Office Act 1953" there shall be substituted "that Act"), and
    (c)  for "them" there shall be substituted "the operator concerned".")
 
     Page 101, line 22, at end insert-- 
 ("Northern Ireland Act 1998 (c.47) 
     . For paragraph 7 of Schedule 3 to the Northern Ireland Act 1998 (reservation for the Post Office etc.) there shall be substituted--
        7. The subject-matter of the Postal Services Act 2000.
        This paragraph does not include financial assistance for the provision of services (other than postal services and services relating to postal or money orders) to be provided from public post offices.
        In this paragraph "postal services" and "public post offices" have the same meanings as in the Postal Services Act 2000."  ")
 
  
Schedule 9
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 102, line 19, column 3, at end insert--
 
    ("In section 135, subsection (1)(b) and the word "or" immediately preceding it and subsections (2) and (3).")
 
     Page 102, line 20, column 3, at end insert--
 
    ("In Schedule 4, paragraph 21.")
 
     Page 102, line 44, at end insert-- 
 
 ("1983 c. 20.Mental Health Act 1983.In section 134(9), the words from "and the provisions" to the end.") 
  
Clause 127
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 75, line 22, leave out from ("such") to end of line 24 and insert ("supplementary, incidental or consequential provision in relation to local enactments as he considers necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.
 
    (  )  The power conferred by subsection (1) (including that power as extended by section 121) may, in particular, be exercised by modifying any local enactment or any instrument or other document which is not an Act.
 
    (  )  No other provision of this Act restricts the power conferred by subsection (1).")
 
  
Clause 129
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 75, line 37, leave out ("and") and insert ("to") 
  
Clause 130
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
     Page 76, line 5, after (" 126(1)") insert ("to (1B)") 
 
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