OpenLegislation

The Postal Services Act 2000 (Commencement No. 3 and Transitional and Saving Provisions) Order 2001

S.I. 2001/878 · Made 7 March 2001

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

POSTAL SERVICES

Made 7th March 2001

The Secretary of State, in exercise of the powers conferred on him by sections 129 and 130(1) of the Postal Services Act 2000f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2000 c. 26.

Contents

  1. 1Citation and interpretation
  2. 2Commencement
  3. 3Transitional and saving provisions
  4. 4Transitional and saving provisions
  5. 5Transitional and saving provisions
  6. 6Transitional and saving provisions
  7. 7Transitional and saving provisions
  8. 8Transitional and saving provisions
  9. 9Transitional and saving provisions
  10. 10Transitional and saving provisions
  11. 11Transitional and saving provisions
  12. 12Transitional and saving provisions
  13. 13Transitional and saving provisions
  14. 14Transitional and saving provisions
  15. 15Transitional and saving provisions
  16. 16Transitional and saving provisions
  17. 17Transitional and saving provisions
  18. Signature
  19. Schedule PROVISIONS COMING INTO FORCE ON 26TH MARCH 2001
  20. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Postal Services Act 2000 (Commencement No. 3 and Transitional and Saving Provisions) Order 2001.

(2)

In this Order—

  • “the Act” means the Postal Services Act 2000;

  • “the 1953 Act” means the Post Office Act 1953f1; and

  • “the successor postal services company” means the company carrying on the business of providing postal services which was formerly carried on by the Post Office.

(3)

In this Order a postal packet is to be treated as posted—

(a)

on or after 26th March 2001, if it is delivered to a public post office or post office letter box on or after 26th March 2001, or it is delivered to a post office letter box before that date, but after the last collection of postal packets from that post office letter box by a postal operator before 26th March 2001;

(b)

before 26th March 2001, if it is delivered to a public post office before 26th March 2001, or it is delivered to a post office letter box before 26th March 2001 provided that it is delivered to that post office letter box before the last collection of postal packets from that post office letter box by a postal operator before 26th March 2001.

2Commencement

Subject to articles 3 to 17, the provisions of the Act specified in the Schedule to this Order shall come into force, in so far as is specified in that Schedule, on 26th March 2001.

3Transitional and saving provisions

Section 8(3)f1 of the 1953 Act (conditions of transit of postal packets) shall apply on and after 26th March 2001 for the purpose of section 26(6)f2 of the 1953 Act as if the reference in section 8(3) to the Post Office were a reference to the successor postal services company.

4Transitional and saving provisions

Sections 11f1 (prohibition on sending by post of certain articles), 52f2 (stealing mail bag or postal packet) and 54 (receipt of stolen mail bag or postal packet) of the 1953 Act shall apply in respect of a postal packet posted before 26th March 2001.

5Transitional and saving provisions

A reference in section 11 of the 1953 Act to the Post Office shall be read as including a reference to the successor postal services company and the reference in that section to a scheme under section 28 of the Post Office Act 1969f1 (schemes for determining charges and other terms and conditions applicable to services) shall be read as including a reference to a scheme under section 89 of the Act (schemes as to terms and conditions for provision of a universal postal service).

6Transitional and saving provisions

Section 25f1 of the 1953 Act (outward bound ships) shall apply in respect of a mail bag tendered before 26th March 2001 to the master of a ship outward bound.

7Transitional and saving provisions

Section 26 of the 1953 Act (inward bound ships and aircraft) shall apply in respect of a postal packet which was within the exclusive privilege of the Post Office before 26th March 2001 and which was taken on board a ship or aircraft before 26th March 2001; and the references in section 26(2) to the Post Office shall be read as including references to the successor postal services company.

8Transitional and saving provisions

Section 27f1 of the 1953 Act (owners' letters) shall apply in respect of a letter to which section 27(2) applied before 26th March 2001 and the reference in section 27(2) to the Post Office shall be read as including a reference to the successor postal services company.

9Transitional and saving provisions

Section 28f1 of the 1953 Act (retention of postal packets after delivery of part thereof to Post Office) shall apply to a postal packet which was within the exclusive privilege of the Post Office before 26th March 2001 and was on board a ship or aircraft inward bound before 26th March 2001 and the second and third references in section 28 to the Post Office shall include a reference to the successor postal services company.

10Transitional and saving provisions

Section 32f1 of the 1953 Act (penalty for opening of mail bag by master or commander of ship or aircraft) shall apply to a mail bag entrusted to the master of a ship or the commander of an aircraft before 26th March 2001 and the reference in section 32(2) to the Post Office shall be read as including a reference to the successor postal services company.

11Transitional and saving provisions

Section 63f1 of the 1953 Act (prohibition of fictitious stamps) shall continue to apply for the purposes of section 10(1) of the National Debt Act 1972f2 (national savings stamps and gift tokens), paragraph 8 of Schedule 1 to the Social Security Contributions and Benefits Act 1992f3, paragraphs 12 to 17 of Schedule 3 to the Social Security (Consequential Provisions) Act 1992f4, paragraph 8 of Schedule 1 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992f5, paragraphs 12 to 17 of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992f6 and the National Savings Stamps Regulations 1969f7.

12Transitional and saving provisions

Section 68 of the 1953 Act (endeavouring to procure the commission of any felony or misdemeanour) shall apply in respect of an offence committed before 26th March 2001 and an offence committed in respect of a postal packet posted before 26th March 2001.

13Transitional and saving provisions

Section 69f1 of the 1953 Act (summary proceedings) shall apply in respect of an offence committed before 26th March 2001 and an offence committed in respect of a postal packet posted before 26th March 2001.

14Transitional and saving provisions

Section 72f1 of the 1953 Act (evidence of a thing being a postal packet and of consent of Postmaster-General to prosecution) shall apply in respect of an offence committed before 26th March 2001 and an offence committed in respect of a postal packet posted before 26th March 2001 and the reference in section 72(1) to the Post Office shall be read as including a reference to the successor postal services company.

15Transitional and saving provisions

Section 85 of the Act (prohibition on sending certain articles by post) shall apply in respect of a postal packet posted on or after 26th March 2001.

16Transitional and saving provisions

Section 109 of the Act (evidence of thing being a postal packet) shall apply in respect of a postal packet posted on or after 26th March 2001.

17Transitional and saving provisions

Nothing in this Order shall be taken as conferring on the Post Office a power or duty in respect of the period commencing on 26th March 2001.

Signature

Alan Johnson,

Parliamentary Under Secretary of State for Competitiveness,

Department of Trade & Industry

7th March 2001

PROVISIONS COMING INTO FORCE ON 26TH MARCH 2001

ProvisionSubject matter of provision
Section 83Interfering with the mail: postal operators
Section 84Interfering with the mail: general
Section 85Prohibition on sending certain articles by post
Section 86Prohibition on affixing advertisements on certain letter boxes etc.
Section 87Prohibition on misleading descriptions
Section 88Obstruction of business of universal service providers
Section 109Evidence of thing being a postal packet
Section 127(6), in so far as it relates to the repeals and revocations specified in the table belowGeneral amendments and repeals
In Schedule 9, the repeals and revocations specified in the table belowRepeals and revocations

Table

ReferenceShort TitleExtent of Repeal
1 & 2 Eliz. 2 c. 36Post Office Act 1953Section 11
Sections 25 to 28
Section 32
Sections 52 to 65
Sections 68 to 70
Section 72
Section 79
1967 c. 80Criminal Justice Act 1967In Schedule 3, in Part I, the entries in respect of the Post Office Act 1953
1981 c. 45Forgery and Counterfeiting Act 1981Section 29
1985 c. 56Interception of Communications Act 1985Section 11(2)
S.I. 1993/1324Post Office (Abolition of Import Restrictions) Regulations 1993The whole Regulations
Note: The repeal of section 52 of the Post Office Act 1953 (which extends only to Scotland) does not affect any liability at common law in respect of any offence described in that section.

Explanatory note

(This note is not part of the Order)

This Order brings into force, on 26th March 2001, the provisions of the Postal Services Act 2000 specified in the Schedule to the Order, insofar as is specified in the Schedule.

Articles 3 to 17 contain transitional and saving provisions.