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

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Clause 103
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
38*     Page 61, line 46, at end insert--
 
    ("(  )  Payments under a scheme under this section shall be made only following an independent assessment of whether such payments would create a competitive disadvantage between public post offices.")
 
  
BY THE BARONESS BYFORD
THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
39*     Page 61, line 46, 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 benefits 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.")
 
  
Clause 105
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
40*     Page 63, line 43, at end insert--
 
    ("(6)  The power to make regulations under this section shall be exercisable by statutory instrument.
 
    (7)  No regulations shall be made under this section unless--
    (a)  a draft of the regulations has been laid before the House of Commons together with a reasoned statement from the Treasury confirming that, in its opinion, the regulations, if made, would not distort competition in the provision of postal services; and
    (b)  the draft regulations are approved by resolution of that House.")
 
  
Clause 107
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
41     Page 64, line 39, at end insert--
 
    ("(  )  The detention or disposal by a postal operator of any postal packet on the grounds of a contravention of section 85 or of any terms and conditions applicable to its transmission by post shall not exempt the sender from any proceedings which might have been taken if the packet had been delivered in due course of post.")
 
  
Clause 111
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
42     Page 65, line 44, after first ("a") insert ("reasonable") 
43     Page 66, line 1, after ("a") insert ("reasonable") 
  
Clause 115
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
44     Page 69, line 2, at end insert--
 
    ("(7)  After section 74(4) of that Act there shall be inserted--
        (4A)  For the purposes of this section equivalents in sterling shall be calculated as the Secretary of State considers appropriate."  ")
 
  
After Clause 117
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
45     Insert the following new Clause-- 
     ("  .--(1)  On such day as the Secretary of State may by order appoint ("the relevant day"), all the property, rights and liabilities to which the Post Office Users' National Council was entitled or subject immediately before that day shall become by virtue of this section property, rights and liabilities of the Council.
 
    (2)  An order made under subsection (1) may be varied or revoked by a subsequent order at any time before any property, rights or liabilities of the Post Office Users' National Council vest in the Council by virtue of this section.
 
    (3)  Paragraphs 1 and 7 of Schedule 3 apply for the purposes of this section as they apply for the purposes of section 62 with such modifications as are necessary (including the substitution for references to the Post Office and the Post Office company of references to the Post Office Users' National Council and the Council respectively).
Supplementary provisions relating to the Council.
     (4)  Where a person employed in the civil service of the state and seconded to the Post Office Users' National Council or a Country Council immediately before the relevant day becomes an employee of the Council on that day, his period of employment in the civil service of the state (including any part of that period spent otherwise than on secondment) counts as a period of employment with the Council for the purposes of the Employment Rights Act 1996 (and the change of employer does not affect the continuity of the period of employment for those purposes).
 
    (5)  Where a person who--
    (a)  is employed in the civil service of the state and is seconded to the Council, and
    (b)  immediately before his secondment to the Council was seconded to the Post Office Users' National Council or a Country Council,
1996 c.18.
 becomes an employee of the Council, his period of employment in the civil service of the state (including any part of that period spent otherwise than on secondment) counts as a period of employment with the Council for the purposes of the Employment Rights Act 1996 (and the change of employer does not affect the continuity of the period of employment for those purposes).
 
    (6)  In this section "Country Council" means the Post Office Users' Council for Scotland, the Post Office Users' Council for Wales or the Post Office Users' Council for Northern Ireland.")
1996 c.18.
  
Schedule 7
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
46     Page 95, line 43, after ("Act") insert ("(other than section 62 or (Supplementary provisions relating to the Council))") 
  
Clause 121
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
47     Page 71, line 6, after ("for") insert ("different cases or descriptions of case or for") 
48     Page 71, line 15, at end insert--
 
    ("(  )  The power of the Secretary of State under paragraph A6(1) of Schedule 8 (including that power as extended by this section) may be exercised by modifying any enactment.")
 
49     Page 71, line 20, at end insert--
 
    ("(  )  The power of the Secretary of State under section 102, 103, 126(1) or 127 (including that power as extended by this section) may be exercised so as to make provision for the delegation of functions.")
 
50     Page 71, line 20, at end insert--
 
    ("(  )  The fact that a power is conferred by this Act does not prejudice the extent of any other power so conferred.")
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD NORTHBROOK
 
51*     Page 71, line 21, leave out subsection (6) 
  
BY THE LORD SAINSBURY OF TURVILLE
 
52     Page 71, line 23, after ("shall") insert (", if made without a draft of it having been laid before and approved by a resolution of each House of Parliament,") 
53     Page 71, line 25, after second ("and") insert ("paragraph 1(4A) of Schedule 3 (including that paragraph as applied by section (Supplementary provisions relating to the Council)(3)),") 
54     Page 71, line 26, at end insert ("and paragraph A6(1) of Schedule 8") 
55     Page 71, line 26, at end insert-- 
     ("(  )  An instrument containing an order under any of the provisions mentioned in subsection (7) which revokes, amends or re-enacts an order under any of the provisions mentioned in that subsection may (in spite of section 14 of the Interpretation Act 1978) be subject to a different procedure under that subsection from the procedure to which the instrument containing the original order was subject.")1978 c. 30.
56     Page 71, line 29, at end insert--
 
    ("(  )  In this section references to enactment include references to any instrument or other document.")
 
  
Clause 124
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
57     Page 72, line 19, leave out from ("enactment") to ("whenever") in line 20 
58     Page 72, line 42, leave out ("purposes of a postal operator") and insert ("provision of any postal services") 
59     Page 72, line 47, leave out ("postal services") and insert ("the service of conveying postal packets from one place to another by post or any of the incidental services of receiving, collecting, sorting and delivering such packets") 
60     Page 73, line 6, leave out ("such services") and insert ("any of those services and is provided in conjunction with any of them") 
61     Page 73, line 8, leave out ("Communities") and insert ("Union") 
62     Page 73, line 15, after ("a") insert ("postal") 
63     Page 73, line 16, after ("packets") insert ("in connection with their transmission by post") 
  
Clause 126
 
  
BY THE LORD SAINSBURY OF TURVILLE
 
64     Page 75, line 11, leave out from ("such") to end of line 13 and insert ("supplementary, incidental or consequential provision 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.
 
    (1A)  The power conferred by subsection (1) (including that power as extended by section 121) may, in particular, be exercised by modifying any enactment, instrument or other document.
 
    (1B)  No other provision of this Act restricts the power conferred by subsection (1).")
 
 
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