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

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General financial provision.     124. - (1) There shall be paid out of money provided by Parliament-
 
 
    (a) any expenditure incurred by the Commission in consequence of this Act,
 
    (b) any expenditure incurred by the Treasury or the Secretary of State in consequence of this Act (apart from any expenditure to be met from the National Loans Fund), and
 
    (c) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
      (2) There shall be paid out of, or into, the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.
 
      (3) There shall be paid into the Consolidated Fund any sums received by the Treasury, the Secretary of State or the Commission in consequence of this Act (apart from any sums required to be paid into the National Loans Fund).
 
Interpretation.     125. - (1) In this Act, unless the context otherwise requires-
 
 
    "body" includes an unincorporated association,
 
    "contravention", in relation to any requirement, condition, direction, order or regulations, includes any failure to comply with it and cognate expressions shall be construed accordingly,
 
    "correspondent", in relation to a postal packet, means the sender or the person to whom it is addressed,
 
    "employee", in relation to a body corporate, includes any officer or director of the body corporate and any other person taking part in its management, and "employer" and other related expressions shall be construed accordingly,
 
    "enactment" includes an Act of the Scottish Parliament, Northern Ireland legislation (within the meaning of the Northern Ireland Act 1998) and an enactment comprised in subordinate legislation, and includes an enactment whenever passed or made,
 
    "financial year" means a year ending with 31st March,
 
    "foreign postal administration" means a postal administration outside the United Kingdom,
 
    "hovercraft" has the same meaning as in the Hovercraft Act 1968,
 
    "letter" means any communication in written form on any kind of physical medium to be conveyed and delivered to the address indicated by the sender on the item itself or on its wrapping (excluding any book, catalogue, newspaper or periodical),
 
    "mail-bag" includes any form of container or covering in which postal packets in the course of transmission by post are enclosed by a postal operator in the United Kingdom or a foreign postal administration for the purpose of conveyance by post, whether or not it contains any such packets,
 
    "modify" includes amend or repeal,
 
    "Northern Ireland junior Minister" means a member of the Northern Ireland Assembly appointed as a junior Minister under section 19 of the Northern Ireland Act 1998,
 
    "Northern Ireland Minister" includes the First Minister and the deputy First Minister in Northern Ireland,
 
    "notice" means notice in writing,
 
    "post office" includes any house, building, room, vehicle or place used for the provision of any postal services,
 
    "post office letter box" includes any pillar box, wall box, or other box or receptacle provided by a postal operator for the purpose of receiving postal packets, or any class of postal packets, for onwards transmission by post,
 
    "postal operator" means a person who provides 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,
 
    "postal packet" means a letter, parcel, packet or other article transmissible by post,
 
    "postal services" means the service of conveying postal packets from one place to another by post, the incidental services of receiving, collecting, sorting and delivering such packets and any other service which relates to any of those services and is provided in conjunction with any of them,
 
    "the Postal Services Directive" means the Directive of the European Parliament and the Council of the European Union of 15th December 1997 (No. 97/67/EC) on common rules for the development of the internal market of Community postal services and the implementation of quality of service,
 
    "public holiday" means Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom,
 
    "registered post service" means a postal service which provides for the registration of postal packets in connection with their transmission by post and for the payment of compensation for any loss or damage,
 
    "sender", in relation to any letter or other communication, means the person whose communication it is,
 
    "ship" includes any boat, vessel or hovercraft,
 
    "subordinate legislation" has the same meaning as in the Interpretation Act 1978 and also includes an instrument made under an Act of the Scottish Parliament and an instrument made under Northern Ireland legislation (within the meaning of section 98(1) of the Northern Ireland Act 1998),
 
    "users", in relation to postal services, includes users as addressees and potential users,
 
    "vehicle" includes a railway vehicle, and
 
    "working day" means-
 
      (a) in relation to the collection and delivery of letters, any day which is not a Sunday or a public holiday,
 
      (b) in relation to the collection and delivery of postal packets other than letters, any day which is not a Saturday, a Sunday or a public holiday.
      (2) For the purposes of this Act-
 
 
    (a) a postal packet shall be taken to be in course of transmission by post from the time of its being delivered to any post office or post office letter box to the time of its being delivered to the addressee,
 
    (b) the delivery of a postal packet of any description to a letter carrier or other person authorised to receive postal packets of that description for the post or to a person engaged in the business of a postal operator to be dealt with in the course of that business shall be a delivery to a post office, and
 
    (c) the delivery of a postal packet-
 
      (i) at the premises to which it is addressed or redirected, unless they are a post office from which it is to be collected,
 
      (ii) to any box or receptacle to which the occupier of those premises has agreed that postal packets addressed to persons at those premises may be delivered, or
 
      (iii) to the addressee's agent or to any other person considered to be authorised to receive the packet,
 
    shall be a delivery to the addressee.
      (3) Any reference in this Act to a subsidiary or wholly owned subsidiary shall be construed in accordance with section 736 of the Companies Act 1985 or Article 4 of the Companies (Northern Ireland) Order 1986.
 
Index of defined expressions.     126. In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.
 
 
 
Expression
 
Provision of this Act
 
Body
 
Section 125(1)
 
The Commission
 
Section 1(1)
 
Condition of a licence
 
Section 13(5)
 
Contravention
 
Section 125(1)
 
Correspondent
 
Section 125(1)
 
Course of transmission by post
 
Section 125(2)
 
The Council
 
Section 2(1)
 
Delivery to addressee
 
Section 125(2)
 
Delivery (in certain other circumstances)
 
Section 125(2)
 
Employee
 
Section 125(1)
 
Enactment
 
Section 125(1)
 
Final order
 
Section 22(5)
 
Financial year
 
Section 125(1)
 
Foreign postal administration
 
Section 125(1)
 
Hovercraft
 
Section 125(1)
 
Letter
 
Section 125(1)
 
Mail-bag
 
Section 125(1)
 
Modify
 
Section 125(1)
 
Northern Ireland junior Minister
 
Section 125(1)
 
Northern Ireland Minister
 
Section 125(1)
 
Notice
 
Section 125(1)
 
Post office
 
Section 125(1)
 
Post office letter box
 
Section 125(1)
 
Postal operator
 
Section 125(1)
 
Postal packet
 
Section 125(1)
 
Postal services
 
Section 125(1)
 
The Postal Services Directive
 
Section 125(1)
 
Provision of a universal postal service
 
Section 4(1), (2) and (5)
 
Provisional order
 
Section 23(8)
 
Public holiday
 
Section 125(1)
 
Public post office
 
Section 42(3)
 
Regional committee
 
Section 54(5)
 
Registered post service
 
Section 125(1)
 
Sender
 
Section 125(1)
 
Ship
 
Section 125(1)
 
Subordinate legislation
 
Section 125(1)
 
Subsidiary
 
Section 125(3)
 
Universal postal service letter box
 
Section 86(4)
 
Universal postal service post office
 
Section 86(4)
 
Universal service provider
 
Section 4(3)
 
Users
 
Section 125(1)
 
Vehicle
 
Section 125(1)
 
Wholly owned subsidiary
 
Section 125(3)
 
Working day
 
Section 125(1)
General amendments and repeals.     127. - (1) The Secretary of State may by order make such 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.
 
      (2) The power conferred by subsection (1) (including that power as extended by section 122) may, in particular, be exercised by modifying any enactment, instrument or other document.
 
      (3) No other provision of this Act restricts the power conferred by subsection (1).
 
      (4) Schedule 8 (which contains amendments of enactments) shall have effect.
 
      (5) Any amendment by that Schedule of an enactment comprised in subordinate legislation is without prejudice to any power to make further subordinate legislation modifying the amended enactment.
 
      (6) Schedule 9 (which contains repeals and revocations of enactments including enactments which are already obsolete or unnecessary) shall have effect.
 
Modifications of local enactments etc.     128. - (1) The Secretary of State may by order make such 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.
 
      (2) The power conferred by subsection (1) (including that power as extended by section 122) may, in particular, be exercised by modifying any local enactment or any instrument or other document which is not an Act.
 
      (3) No other provision of this Act restricts the power conferred by subsection (1).
 
      (4) In this section "local enactment" means-
 
 
    (a) a local or private Act,
 
    (b) a public general Act relating to London,
 
    (c) an order confirmed by Parliament or brought into operation in accordance with special parliamentary procedure, or
 
    (d) an enactment in a public general Act amending anything falling within paragraphs (a) to (c).
Transitional provisions etc.     129. The Secretary of State may by order make such provision as he considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision of this Act.
 
 
Final
Commencement.     130. - (1) Parts I to VI, sections 101 to 114, sections 116 to 119 (including Schedule 7) and section 127(4) and (6) (including Schedules 8 and 9) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.
 
      (2) Section 115 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
 
Short title and extent.     131. - (1) This Act may be cited as the Postal Services Act 2000.
 
      (2) Any modification by this Act of an enactment has the same extent as the enactment modified.
 
      (3) Subject to that, this Act extends to Northern Ireland.
 
      (4) Sections 127(1) to (3) and 129 and this section, together with sections 122 and 125 so far as they relate to those provisions, extend to the Isle of Man and the Channel Islands (in addition to any provisions of this Act which so extend by virtue of subsection (2) above).
 
 
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