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RECOUPMENT OF LOSSES ON WRONGLY PAID MONEY ORDERS

(" .—(1) Subsection (2) applies where—
(a) a money order issued by the Post Office company or a foreign postal administration has been delivered for collection to a banker, and
(b) the Post Office company has paid the order to the banker when it should not have done so.
(2) The sum paid may be deducted from sums subsequently falling to be paid by the Post Office company to the banker by way of payment of money orders so issued which have been delivered to the banker for collection.").

15 Jun 2000 : Column 1824

On Question, amendments agreed to.

[Amendment No. 113 had been withdrawn from the Marshalled List.]

Lord Bach moved Amendment 113A:


    After Clause 108, insert the following new clause—

SPECIAL ARRANGEMENTS WITH OTHER COUNTRIES OR TERRITORIES

(" .—(1) References in sections (Exclusion of liability in relation to postal and money orders) (other than subsection (4)), (Schemes in relation to postal and money orders) and (Recoupment of losses on wrongly paid money orders) to money orders issued by the Post Office company shall be construed as including references to special money orders issued by that company.
(2) For the purposes of subsection (1) special money orders are orders for the payment of money in the United Kingdom which are issued by the Post Office company in pursuance of an arrangement made with a government or postal administration of any other country or territory for the transmission, by means of orders for the payment of money, of sums of money through post offices under the charge of the Post Office company and the postal administration of the other country or territory.
(3) The reference in section (Schemes in relation to postal and money orders)(2)(b) to money orders shall be construed as including a reference to orders for the payment of money issued in pursuance of an arrangement of the kind mentioned in subsection (2) above by the postal administration of the other country or territory.").

On Question, amendment agreed to.

Clauses 109 and 110 agreed to.

Lord Sainsbury of Turville moved Amendment No. 114:


    After Clause 110, insert the following new clause—

RECORDS OF THE FORMER POSTMASTER GENERAL'S DEPARTMENT

(".—(1) The Secretary of State may by order vest in the Post Office company such records of the department of the Postmaster General as—
(a) belong to Her Majesty in right of Her Majesty's Government in the United Kingdom, and
(b) are specified in or described by the order.
(2) The Secretary of State may give such directions to the Post Office company as he considers appropriate for ensuring that any records so transferred to the Post Office company are available to the Crown for inspection and copying.").

The noble Lord said: In moving Amendment No. 114, I speak also to Amendment No. 129. The new clause will recreate a power similar to that in Section 75(2) of the Post Office Act 1969 to enable the Secretary of State by order to vest in the Post Office company the property in the pre-1969 records of the Postmaster General and to give directions to the Post Office company in respect of making those records available to the Crown for inspection and copying. The order-making power in Section 75(2) of the 1969 Act has never been exercised, and so the vesting of the pre-1969 records remains an outstanding matter from the 1969 Act. As the Secretary of State would wish to consult before exercising such power, its provision is being carried forward in the Bill in order to preserve the Government's current position under the existing legislation.

15 Jun 2000 : Column 1825

The second amendment will bring both the new Consumer Council for Postal Services and the Post Office company within the scope of the Public Records Act 1958 when those bodies come into existence. It carries forward existing policy whereby the Post Office corporation and the Post Officer Users' National Council are subject to the provisions of the Public Records Act. I beg to move.

On Question, amendment agreed to.

Clause 111 agreed to.

Schedule 7 [Disclosure of information]:

Lord Bach moved Amendments Nos. 115 to 117:


    Page 91, line 6, after ("State") insert (", the Treasury").


    Page 93, leave out line 8.


    Page 93, line 12, at end insert—


("( ) Sub-paragraph (1) is without prejudice to any other exception to paragraph 1(2).").

On Question, amendments agreed to.

Schedule 7, as amended, agreed to.

Clauses 112 and 113 agreed to.

Clause 114 [Orders and regulations]:

Lord Bach moved Amendments Nos. 118 to 124:


    Page 67, line 16, leave out ("or 101") and insert (", 101 or 121").


    Page 67, line 20, leave out ("or").


    Page 67, line 20, after (" 93") insert ("or (Inviolability of mails)(4)").


    Page 67, line 20, after (" 93") insert ("or (Schemes in relation to postal and money orders)(10)").


    Page 67, line 23, leave out subsection (5).


    Page 67, line 32, after (" 101") insert (", (Inviolability of mails)(4)").


    Page 67, line 34, after (" 102") insert (", (Schemes in relation to postal and money orders)(10)").

On Question, amendments agreed to.

Clause 114, as amended, agreed to.

Clauses 115 and 116 agreed.

Clause 117 [Interpretation]:

Lord Bach moved Amendments Nos. 125 and 126.


    Page 68, line 13, at end insert—


(""body" includes an unincorporated association,").
Page 69, line 13, after ("collecting") insert (", sorting").

On Question, amendments agreed to.

Clause 117, as amended, agreed to.

Clause 118 [Index of defined expressions]:

Lord Bach moved Amendment No. 127:


    Page 70, line 19, at end insert—

("BodySection 117(1)")

On Question, amendment agreed to.

Clause 118, as amended, agreed to.

Clause 119 [General amendments and repeals]:

Lord Bach moved Amendment No. 128:


    Page 71, line 24, at end insert—


("( ) 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.").

15 Jun 2000 : Column 1826

On Question, amendment agreed to.

Clause 119, as amended, agreed to.

Schedule 8 [Amendments of enactments]:

Lord Bach: I now wish to move Amendments Nos. 129 to 135.

Lord Skelmersdale: The noble Lord is a little previous and over-eager because one of those amendments stands in my name. Although we debated it earlier, the Government certainly do not want to accept it. Perhaps the Minister would like to rephrase his words.

Lord Bach: I thought it was worth a try!

Lord Bach moved Amendments Nos. 129 and 130:


    Page 93, line 24, at end insert—

("Public Records Act 1958 (c.51)

. In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table which is at the end of paragraph 3, there shall be inserted at the appropriate places—
"Consumer Council for Postal Services"
"Post Office company (within the meaning of Part IV of the Postal Services Act 2000)."").
Page 93, line 29, at end insert—


(". In that Schedule to that Act the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.").

On Question, amendments agreed to.

[Amendment No. 131 not moved.]

Lord Bach moved Amendments Nos. 132 to 135:


    Page 94, line 12, at end insert—


(". In Part II of Schedule 1 to the Act of 1975 the reference to the Postal Services Commission shall be construed as a reference to the Commission established by section 1 of this Act.").
Page 95, line 25, at end insert—

("Value Added Tax Regulations 1995 (S.I.1995/2518)

. In regulation 2 of the Value Added Tax Regulations 1995 (interpretation) in the definition of "datapost packet"—
(a) for the words "the Post Office" there shall be substituted "the Post Office company",
(b) after "a post office" there shall be inserted "of the Post Office company", and
(c) after "United Kingdom", where it appears for the fifth time, there shall be inserted "by that company".").
Page 95, line 41, at end insert—

("Local Government and Rating Act 1997 (c.29)

. In Schedule 2 to the Local Government and Rating Act 1997, in paragraph 3(4)(a) (relief from non-domestic rates for rural post offices) for the words from "the Post Office" to "1953)" there shall be substituted "a universal service provider (within the meaning of the Postal Services Act 2000) and in connection with the provision of a universal postal service (within the meaning of that Act)".").
Page 95, line 41, at end insert—


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