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("( ) 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.").

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    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.").

On Question, amendments agreed to.

[Amendment No. 51 not moved.]

Lord Sainsbury of Turville moved Amendments Nos. 52 to 56:


    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,").


    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)),").


    Page 71, line 26, at end insert ("and paragraph A6(1) of Schedule 8").


    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.").


    Page 71, line 29, at end insert--


("( ) In this section references to enactment include references to any instrument or other document.").

On Question, amendments agreed to.

Clause 124 [Interpretation]:

Lord Sainsbury of Turville moved Amendments Nos. 57 to 63:


    Page 72, line 19, leave out from ("enactment") to ("whenever") in line 20.


    Page 72, line 42, leave out ("purposes of a postal operator") and insert ("provision of any postal services").


    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").


    Page 73, line 6, leave out ("such services") and insert ("any of those services and is provided in conjunction with any of them").


    Page 73, line 8, leave out ("Communities") and insert ("Union").


    Page 73, line 15, after ("a") insert ("postal").


    Page 73, line 16, after ("packets") insert ("in connection with their transmission by post").

On Question, amendments agreed to.

Clause 126 [General amendments and repeals]:

Lord Sainsbury of Turville moved Amendment No. 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).").

On Question, amendment agreed to.

29 Jun 2000 : Column 1141

Schedule 8 [Amendments of enactments]:

Lord Sainsbury of Turville moved Amendment No. 65:


    Page 98, line 25, at end insert--

("PART I
GENERAL AMENDMENTS

A1.--(1) Any enactment which requires or authorises a document or other thing to be sent by post (whether or not it makes any other provision in that respect) shall not be construed as limited to requiring or (as the case may be) authorising that thing to be sent by the postal system of the Post Office company.
(2) Any enactment which makes any other provision in relation to the sending of a document or other thing by post or to a thing so sent shall not be construed as limited to the sending of that thing by the postal system of the Post Office company or (as the case may be) to a thing sent by that system.
A2.--(1) Any enactment which requires or authorises a document or other thing to be sent by registered post (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a registered post service.
(2) Any enactment which makes any other provision in relation to the sending of a document or other thing by registered post or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a registered post service or (as the case may be) to a thing sent by such a service.
A3.--(1) Any enactment which requires or authorises a document or other thing to be sent by recorded delivery (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a postal service which provides for the delivery of the document or other thing by post to be recorded.
(2) Any enactment which makes any other provision in relation to the sending of a document or other thing by recorded delivery or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which provides for the delivery of the document or other thing by post to be recorded or (as the case may be) to a thing sent by such a service.
A4.--(1) Any enactment which requires or authorises a document or other thing to be sent by first class post (whether or not it makes any other provision in that respect) shall be construed as if it required or (as the case may be) authorised that thing to be sent by a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases.
(2) Any enactment which makes any other provision in relation to the sending of a document or other thing by first class post or to a thing so sent shall be construed as if it made corresponding provision in relation to the sending of that thing by a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases or (as the case may be) to a thing sent by such a service.
A5.--(1) Any reference (however worded and including references which are to be construed as such references) in a related enactment to the post or to a thing sent by post shall not be construed as limited to the postal system of the Post Office company or (as the case may be) to a thing sent by that system.
(2) In sub-paragraph (1) "related enactment" means--
(a) any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph A1 applies, or
(b) any enactment relating to the sending of documents or other things otherwise than by post or to documents or other things so sent.

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(3) Any reference (however worded and including references which are to be construed as such references) in a related enactment to the registered post, the recorded delivery service or the first class post, or to a letter or other postal packet sent by that service or post, shall be construed as references (as the case may be) to a registered post service, a postal service which provides for the delivery of the document or other thing by post to be recorded or a postal service which seeks to deliver such documents or other things by post no later than the next working day in all or the majority of cases, or to a letter or other postal packet sent by such a service or post.
(4) In sub-paragraph (3) "related enactment" means--
(a) any enactment the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph A2, A3 or (as the case may be) A4 applies,
(b) any enactment relating to the sending of documents or other things otherwise than by registered post, recorded delivery or (as the case may be) first class post or to documents or other things so sent.
(5) Any reference (however worded and including references which are to be construed as such references) in a related enactment to--
(a) a Post Office receipt for a registered or recorded letter or other postal packet,
(b) an acknowledgement by the Post Office of delivery of such a letter or packet, or a certificate by the Post Office of such delivery,
shall be construed as a reference to a receipt of, or an acknowledgement or certificate by, the postal operator concerned.
(6) In sub-paragraph (5) "related enactment" means--
(a) any enactment (other than a future enactment) the provisions of which apply to, or operate in consequence of the operation of, any enactment to which paragraph A2 or (as the case may be) A3 applies,
(b) any enactment (other than a future enactment) relating to the sending of documents or other things otherwise than by registered post or recorded delivery or to documents or other things so sent.
(7) This paragraph is without prejudice to the generality of paragraphs A1 to A4.
A6.--(1) The Secretary of State may by order provide for any provision of paragraphs A1 to A5 not to apply, or to apply with modifications, in such cases or descriptions of case as he considers appropriate.
(2) Paragraphs A1 to A5 do not apply in relation to future enactments if the context otherwise requires.
(3) Paragraphs A1 to A5 are subject to any provision made by or under this Act.
A7.--(1) In this Part of this Schedule, "future enactment" means any enactment passed or made after the passing of this Act other than--
(a) any enactment made before the commencement of this sub-paragraph and comprised in subordinate legislation made under an enactment passed or made before the passing of this Act, and
(b) any Act passed in the same session as this Act or any enactment comprised in subordinate legislation made under such an Act before the commencement of this sub-paragraph.
(2) In this Part of this Schedule--
(a) references to sending a document or other thing include references to serving, executing, giving or delivering it or doing any similar thing,
(b) references to sending any thing by registered post include references to sending it by or in a registered letter or other postal packet (whether the references are expressed in those terms or terms having a similar effect and whether there is any mention of the post or prepayment),

29 Jun 2000 : Column 1143


(c) references to sending any thing by recorded delivery include references to sending it by or in a recorded letter or other postal packet (whether the references are expressed in those terms or terms having a similar effect and whether there is any mention of the post or prepayment),
(d) references to any thing sent by registered post or the recorded delivery service shall be construed accordingly.
PART II
OTHER AMENDMENTS").

The noble Lord said: My Lords, in moving Amendment No. 65, I shall speak also to Amendments Nos. 66, 68 to 72, 74 and 75. This group of amendments relates to modifications and repeals of existing enactments.

The effect of Amendment No. 65 is to gloss the interpretation of standard postal terms contained in legislation. The amendment deals specifically with the considerable number of references in legislation to the expressions "by post", "registered post", "recorded delivery" and "first-class post". The Bill creates a new postal regime and the meaning of those terms will be superseded. For example, as the provisions of the Bill will allow for there to be more than one provider of a universal postal service, it is not appropriate for "by post" to be limited to requiring or authorising a document to be sent by the Post Office postal system. Therefore, by virtue of the amendment, such references are not to be construed as being so limited.

In addition, the Bill contains a new definition of "registered postal service"; "recorded delivery" is no longer the name of the Post Office signature service; and, in future, universal service providers may not provide a service called "first class". The general glosses in this amendment are meant to deal with those generic terms and provide standard definitions.

I apologise for inserting such a substantial amendment into the Bill on Report. I do not believe that it is controversial and its insertion will significantly reduce the number of consequential amendments that will need to be made under the power in Clause 126.

Amendments Nos. 66, 68 and 69 make modifications to the Post Office Act 1969, the Mental Health Act 1983 and the Insolvency Act l986, again to reflect the new postal regime established by the Bill.

Amendment No. 70 is a technical consequential amendment to bring the term of reservation for "post" in the Northern Ireland Act 1998 up to date with the provisions in the Bill. The terms of reservation in Schedule 3 to the Northern Ireland Act define the areas in which the Northern Ireland Assembly cannot legislate without express permission from the Secretary of State for Northern Ireland. A term of reservation for postal matters already exists, but it will not make sense in the post-Bill world as it refers expressly to "the Post Office". Therefore, we have amended it.

The amended term of reservation is aimed primarily at capturing the regulation of postal services, the transformation of the Post Office, the activities of the commission and the council, and the activities of

29 Jun 2000 : Column 1144

postal operators that come within the scope of the Bill. It is not designed to encompass all the activities of postal operators, nor all the activities of the Post Office company. The exception ensures that the devolved administration can legislate to provide financial assistance for the provision of services through public post offices other than postal services or postal or money orders.

Amendments Nos. 71, 72, 74 and 75 repeal provisions in the existing Post Office legislation and the Mental Health Act 1983 that are either spent or superseded by the provisions in the Bill. I beg to move.


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