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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 Marshalled List of Amendments to the Postal Services Bill to be moved on Report in the House of Lords.

     The amendments have been marshalled in accordance with the Order of 23rd June 2000, as follows-- 
 Clause 1
Schedule 1
Clause 2
Schedule 2
Clauses 3 to 62
Schedule 3
Clauses 63 to 81
Schedule 4
Clauses 82 to 95
Schedules 5 and 6
Clauses 96 to 118
Schedule 7
Clauses 119 to 126
Schedules 8 and 9
Clauses 127 to 130
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Schedule 2
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
1*     Page 79, line 30, at end insert--
 
    ("  .  A regional committee shall establish adequate procedures to enable representations to be made to it by all users or recipients of postal services, including members of the public and businesses, and to examine and report to the Council on matters of concern to them.")
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
2     Page 79, line 35, after ("and") insert (", subject to sub-paragraph (5),") 
3     Page 80, line 2, at end insert--
 
    ("(5)  The requirements of sub-paragraphs (2) to (4) do not apply to the establishment of any committee within the period of two months beginning with the day on which section 54(4) comes into force.")
 
  
Clause 4
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
4     Page 2, line 32, leave out from beginning to ("are") in line 33 and insert ("the service of conveying relevant postal packets from one place to another by post and the incidental services of receiving, collecting, sorting and delivering such packets") 
  
Clause 7
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
5     Page 4, line 36, leave out ("£1") and insert ("50 pence") 
6     Page 4, line 38, leave out ("350") and insert ("150") 
  
Clause 13
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
7     Page 9, line 13, at end insert--
 
    ("(  )  A licence shall include provisions covering the following matters--
    (a)  minimum standards for collection and delivery of relevant postal packets no less demanding than the quality service standards as in effect on the day on which this Act is passed, including a single collection and delivery every day;
    (b)  compliance with the standards set by Directive 97/67/EC of the European Parliament dated 15th December 1997 and any amendment, modification, or re-enactment thereof for the time being and from time to time in force;
    (c)   delivery of mail to the front door of the building to which it is addressed (or, in the case of a building in multiple occupation, to suitable postal boxes at or within the front door) or to such other place as the occupiers may revocably consent.")
 
  
BY THE LORD SKELMERSDALE
 
8     Page 9, line 17, at end insert--
 
    ("(  )  The provisions of a licence may, in particular, require the acceptance of payment for services provided under the licence by cash, cheque, debit card or credit card.")
 
  
Clause 42
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
9     Page 28, leave out lines 12 and 13 and insert ("any postal services are provided directly to the public (whether or not together with other services)") 
  
Clause 44
 
  
BY THE LORD HOWIE OF TROON
 
10     Page 29, line 5, at end insert (", including comparative information on the efficiency and economy of the provision of such services") 
  
BY THE LORD SAINSBURY OF TURVILLE
 
11     Page 29, line 9, at end insert--
 
    ("(  )  So far as the Commission considers it practicable to do so with a view to facilitating the exercise of its functions, it shall, in particular, collect information which enables comparisons to be made between the efficiency and economy of different postal operators (whether in the United Kingdom, other member States or elsewhere).")
 
  
Clause 54
 
  
BY THE LORD SKELMERSDALE
 
12     Page 35, line 1, at end insert ("and
          (iv)  a committee for England,")
 
13     Page 35, leave out lines 3 to 5 and insert (", Northern Ireland or England") 
  
Schedule 3
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
14     Page 82, line 38, at end insert--
 
    ("(4A)  The Secretary of State may by order provide for any provision of sub-paragraphs (1) to (4) not to apply, or to apply with modifications, in such cases or descriptions of case as he considers appropriate.")
 
15     Page 82, line 39, leave out ("This paragraph is") and insert ("Sub-paragraphs (1) to (4) are") 
  
Clause 63
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
16     Page 40, line 29, at beginning insert ("receives,") 
17     Page 40, line 29, leave out ("transports") and insert ("conveys") 
  
After Clause 67
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
18     Insert the following new Clause-- 
     ("  .--(1)  Where the Post Office company or any relevant subsidiary enters into a notifiable transaction it must, as soon as practicable after the terms of that transaction have been agreed, issue a disclosure notice in accordance with this section.
 
    (2)  For the purposes of this section "notifiable transaction" means any acquisition or disposal of any undertaking or interest in any undertaking by the Post Office company or any relevant subsidiary which, if the acquisition or disposal was made by a listed company, would be a transaction in respect of which that company would need to give notification or make an announcement in accordance with the listing rules.
 
    (3)  A disclosure notice must include the same information regarding the transaction to which it relates as any notification or announcement under the listing rules would be required to include if the transaction was an acquisition or disposal which had been made by a listed company.
 
    (4)  A disclosure notice shall--
    (a)  be published in the London Gazette, the Edinburgh Gazette and the Belfast Gazette; and
    (b)  be published or disseminated in any other manner as the Secretary of State may prescribe.
    (5)  In this section--
    listed company" means a company any class of whose securities have been admitted to the official list; and
    listing rules" and "official list" have the same meaning as in Part VI of the Financial Services and Markets Act 2000.")
Notifiable transactions.
  
Clause 71
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
19     Page 44, line 41, at end insert--
    ("(  )  amounts outstanding in respect of the principal of debt securities issued in pursuance of section 63 of this Act, and")
 
20     Page 44, line 43, leave out from ("liabilities") to end of line 47 
  
Schedule 4
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
21     Page 86, line 24, at end insert-- 
 ("Debt 
     . Any debt assumed by the Post Office company under section 74(1) shall be treated for the purposes of the Corporation Tax Acts as if it had been assumed wholly in consideration of a loan made to the company of an amount equal to the principal sum payable under the debt.") 
  
Clause 86
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
22     Page 51, line 39, leave out (", receptacle or other facility") and insert ("or receptacle") 
23     Page 51, line 45, leave out ("purposes of a universal service provider") and insert ("provision of any postal services in connection with the provision of a universal postal service or a part of such a service") 
  
Clause 87
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
24     Page 52, line 9, after ("house") insert (", building, room, vehicle") 
25     Page 52, line 22, after ("collect") insert (", receive, sort, deliver") 
26     Page 52, line 25, after ("collecting") insert (", receiving, sorting, delivering") 
  
Schedule 5
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
27     Page 87, line 16, at end insert ("as a universal service provider") 
28     Page 87, line 25, at end insert ("as a universal service provider") 
29     Page 87, line 39, at end insert ("as a universal service provider") 
  
Schedule 6
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
30     Page 93, line 28, at end insert-- 
 ("Power to place post-boxes etc in streets 
     .--(1)  A universal service provider may, for any purpose in connection with the provision of a universal postal service, execute in a street works of any of the kinds mentioned in sub-paragraph (2).
 
    (2)  The kinds of works are--
    (a)  placing a universal postal service letter box or a universal postal service pouch-box in a street,
    (b)  inspecting, maintaining, adjusting, repairing, altering or renewing such apparatus which has been so placed, changing its position or removing it,
    (c)  works needed for, or incidental to, the purposes of any works falling within paragraph (a) or (b) (including, in particular, breaking up or opening a street).
 
     (3)  Accordingly, Part III of the New Roads and Street Works Act 1991 (street works in England and Wales), and the Street Works (Northern Ireland) Order 1995, apply in relation to undertakers' works in exercise of a power conferred by this paragraph.
 
    (4)  For the avoidance of doubt, references in Part III of the Act of 1991 or the Order of 1995 to apparatus shall be construed as including universal postal service letter boxes and universal postal service pouch-boxes.
 
    (5)  Subject to sub-paragraphs (6) and (7), sub-paragraph (1) authorises the universal service provider concerned to execute works of any of the kinds mentioned in sub-paragraph (2) without obtaining any consent which would otherwise be required to be given by the street authority in its capacity as such and, in the case of a maintainable highway, in its capacity as owner.
 
    (6)  Sub-paragraph (5) is without prejudice to--
    (a)  the provisions of Part III of the Act of 1991, or the provisions of the Order of 1995, as to the making of requirements by the street authority or as to the settlement of a plan and section and the execution of the works in accordance with them,
    (b)  section 61 of the Act of 1991 or Article 21 of the Order of 1995 (consent required for protected streets).
    (7)  Sub-paragraph (1) does not free the universal service provider concerned from obtaining any other consent, licence or permission which may be required.
 
    (8)  This paragraph binds the Crown.
 
    (9)  In this paragraph references to doing anything in a street shall be construed as including references to doing anything under, over, across, along or upon the street.
 
    (10)  In this paragraph--
    maintainable highway"--
          (a)  in England and Wales, has the same meaning as in Part III of the Act of 1991 and includes a street in respect of which a declaration has been made under section 87 of that Act (prospectively maintainable highways), and
          (b)  in Northern Ireland, means a road (within the meaning of the Order of 1995) and includes a street in respect of which a declaration has been made under Article 46 of that Order (prospective roads),
    street" and "street authority"--
          (a)  in England and Wales, have the same meaning as in Part III of the Act of 1991, and
          (b)  in Northern Ireland, have the same meaning as in the Order of 1995, and
    universal postal service pouch-box" means any box or receptacle provided by a universal service provider for the temporary storage of postal packets in the course of transmission by post pending their collection for immediate delivery by a person who is in the course of delivering postal packets in connection with the provision of a universal postal service.
    (11)  In the application of this paragraph to Scotland--
    (a)  references to streets shall be construed as references to roads and references to street authority shall be construed as references to road works authority,
    (b)  maintainable highway" means a public road within the meaning of Part IV of the Act of 1991 and includes a road in respect of which a declaration has been made under section 146 of that Act (prospective public roads),
    (c)  road" and "road works authority" have the same meaning as in Part IV of the Act of 1991,
1991 c. 22.
S.I. 1995/3210 (N.I.19)
 
    (d)  in sub-paragraph (3) for the words from "Part III" to "apply" there shall be substituted "Part IV of the New Roads and Street Works Act 1991 (road works in Scotland) applies",
    (e)  in sub-paragraph (4) for the words from "Part III" to "1995" there shall be substituted "Part IV of the Act of 1991",
    (f)  in sub-paragraph (6)(a) for the words from "Part III" to "1995," there shall be substituted "Part IV of the Act of 1991", and
    (g)  in sub-paragraph (6)(b) for the words from "61" to "of 1995" there shall be substituted "120 of the Act of 1991".")
1991 c. 22.
31     Page 94, line 7, leave out second ("Minister") and insert ("person") 
32     Page 94, line 9, leave out ("has the same meaning as in") and insert ("means any persons who, by virtue of") 
33     Page 94, line 10, at end insert ("are or are treated as statutory undertakers for the purposes of that Act or any provision of that Act.") 
34     Page 94, line 18, leave out ("has the same meaning as in") and insert ("means any persons who, by virtue of") 
35     Page 94, line 19, at end insert ("are or are treated as statutory undertakers for the purposes of that Act or any provision of that Act.") 
36     Page 94, line 33, leave out from ("in") to ("the") and insert ("any other case") 
37     Page 95, line 38, at end insert ("as a universal service provider") 
 
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Prepared 28 June 2000