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

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Power to detain postal packets containing contraband.     106. - (1) A postal operator may-
 
 
    (a) detain any postal packet if he suspects that it may contain relevant goods,
 
    (b) forward any packet so detained to the Commissioners of Customs and Excise.
      (2) In this section "relevant goods" means-
 
 
    (a) any goods chargeable with any duty charged on imported goods (whether a customs or an excise duty) which has not been paid or secured, or
 
    (b) any goods in the course of importation, exportation or removal into or out of the United Kingdom contrary to any prohibition or restriction for the time being in force by virtue of any enactment.
      (3) Subsection (1) is without prejudice to section 105.
 
      (4) The Commissioners may open and examine any postal packet forwarded to them under this section-
 
 
    (a) in the presence of the person to whom the packet is addressed, or
 
    (b) where the address on the packet is outside the United Kingdom or where subsection (5) applies, in the absence of that person.
      (5) This subsection applies where-
 
 
    (a) the Commissioners have-
 
      (i) left at the address on the packet notice requiring the attendance of the person concerned, or
 
      (ii) forwarded such notice by post to that address, and
 
    (b) the addressee fails to attend.
      (6) If the Commissioners find any relevant goods on opening and examining a postal packet under this section, they may detain the packet and its contents for the purpose of taking proceedings in relation to them.
 
      (7) If the Commissioners do not find any relevant goods on opening and examining a postal packet under this section, they shall-
 
 
    (a) deliver the packet to the addressee upon his paying any postage and other sums chargeable on it, or
 
    (b) if he is absent, forward the packet to him by post.
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).
 
      (3) 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.
 
 
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 reasonable 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 reasonable 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.
 
 
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