Postal Services Bill - continued        House of Lords
PART VII, MISCELLANEOUS AND SUPPLEMENTARY - continued
Other - continued

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Supplementary provisions relating to the Council.     118. - (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).
 
      (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,
       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.
 
General restrictions on disclosure of information.     119. Schedule 7 (which makes provision about disclosure of information) shall have effect.
 
 
General
Offences by bodies corporate.     120. - (1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-
 
 
    (a) a director, manager, secretary or other similar officer of the body corporate, or
 
    (b) a person purporting to act in such a capacity,
       he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly.
 
      (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
 
      (3) Where an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership commits the offence and shall be liable to be proceeded against and punished accordingly.
 
Service of documents.     121. - (1) Any document required or authorised by virtue of this Act to be served on any person may be served-
 
 
    (a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address,
 
    (b) if the person is a body corporate, by serving it in accordance with paragraph (a) on the secretary of the body, or
 
    (c) if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having the control or management of the partnership business.
      (2) For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that-
 
 
    (a) in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body,
 
    (b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.
      (3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
 
      (4) Subsection (5) applies if a person to be served under this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document.
 
      (5) In relation to that document, that address shall be treated as his proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2).
 
      (6) This section does not apply to any document if rules of court make provision about its service.
 
      (7) In this section references to serving include references to similar expressions (such as giving or sending).
 
Orders and regulations.     122. - (1) Any power of the Secretary of State to make an order, or of the Treasury to make regulations, under this Act shall be exercisable by statutory instrument.
 
      (2) Any power of the Secretary of State to make an order, or of the Treasury to make regulations, under this Act-
 
 
    (a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes,
 
    (b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State or (as the case may be) the Treasury considers appropriate.
      (3) The power of the Secretary of State under section 9, 10, 102 or 129 (including that power as extended by this section) may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.
 
      (4) The power of the Secretary of State under paragraph 6(1) of Schedule 8 (including that power as extended by this section) may be exercised by modifying any enactment.
 
      (5) The power of the Secretary of State under section 8, 93, 104(4) or 112(10) as extended by this section may be exercised by modifying any enactment comprised in or made under this Act, or any other enactment.
 
      (6) The power of the Secretary of State under section 103 as extended by this section may be exercised by modifying any enactment.
 
      (7) The power of the Secretary of State under section 102, 103, 127(1) or 128 (including that power as extended by this section) may be exercised so as to make provision for the delegation of functions.
 
      (8) The fact that a power is conferred by this Act does not prejudice the extent of any other power so conferred.
 
      (9) Regulations under section 105 shall be subject to annulment in pursuance of a resolution of the House of Commons.
 
      (10) An order under any of the following provisions shall, if made without a draft of it having been laid before and approved by a resolution of each House of Parliament, be subject to annulment in pursuance of a resolution of either House of Parliament: sections 10, 38(8), 58(7), 59(2), 70, 74, 102, 104(4) and 128 and paragraph 1(5) of Schedule 3 (including that paragraph as applied by section 118(3)), paragraph 4 of Schedule 7 and paragraph 6(1) of Schedule 8.
 
      (11) An instrument containing an order under any of the provisions mentioned in subsection (10) 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.
 
      (12) No order shall be made under section 8, 9, 93, 103, 112(10) or 127(1) unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
 
      (13) In this section references to enactment include references to any instrument or other document.
 
Directions.     123. - (1) A person to whom a direction is given under this Act shall give effect to it.
 
      (2) Any power conferred by this Act to give a direction shall include power to vary or revoke the direction.
 
      (3) Any direction given under this Act shall be in writing.
 
 
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