Office of Public Sector Information
(1) Subject to section 7, no person shall convey a letter from one place to another unless—
(a) he holds a licence authorising him to do so, or
(b) he is acting as an employee or agent of a person who is authorised by a licence to do so.
(2) A person who contravenes subsection (1) commits an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum,
(b) on conviction on indictment, to a fine.
(3) No proceedings shall be instituted in England and Wales or Northern Ireland in respect of an offence under subsection (2) except by or on behalf of the Commission or the Secretary of State.
(4) Without prejudice to subsection (2), compliance with subsection (1) shall be enforceable by civil proceedings by or on behalf of the Commission or the Secretary of State for an injunction or interdict or for any other appropriate relief or remedy.
(5) Without prejudice to subsections (2) and (4)—
(a) the obligation to comply with subsection (1) shall be a duty owed to any person who may be affected by a contravention of subsection (1), and
(b) where a duty is owed by virtue of paragraph (a) to any person, any breach of that duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.
(6) Any reference in this section and section 7(1) to conveying a letter from one place to another, or the conveyance of a letter, includes a reference to performing, or the performance of, any of the incidental services of receiving, collecting and delivering a letter.
(7) For the purposes of this Part references to a licence are to a licence under this Part and references to a licence holder shall be construed accordingly.
(1) Section 6(1) is not contravened by the conveyance of a letter—
(a) which is conveyed in consideration of a payment of not less than £1 made by or on behalf of the person for whom it is conveyed, or
(b) which weighs not less than 350 grams.
(2) Section 6(1) is not contravened by—
(a) the conveyance and delivery of a letter personally by the sender,
(b) the conveyance and delivery of a letter by a personal friend of the sender,
(c) the conveyance and delivery of a single letter by a messenger sent for the purpose by either correspondent,
(d) the conveyance of an overseas letter out of the United Kingdom,
(e) the conveyance and delivery of any documents in respect of which a method of service other than by post is required or authorised by law,
(f) the conveyance of letters from merchants who are the owners of a merchant ship or commercial aircraft, or of goods carried in such a ship or aircraft, by means of that ship or aircraft, and the delivery of the letters to the addressees by any person employed for the purpose by those merchants, provided that no payment or reward, profit or advantage of any kind is given or received for the conveyance or delivery of those letters,
(g) the conveyance and delivery of letters by any person which are letters concerning, and for delivery with, goods carried by that person, provided that no payment or reward, profit or advantage of any kind is given or received for the conveyance or delivery of those letters,
(h) the conveyance and delivery to a licence holder of pre-paid letters for conveyance and delivery by that person to the addressees, and the collection of such letters for that purpose,
(i) the conveyance and delivery of letters by a person who has a business interest in those letters, and the collection of letters for that purpose,
(j) the conveyance and delivery of banking instruments from one bank to another or from a bank to a government department, and the collection of such instruments for that purpose,
(k) the collection, conveyance and delivery of coupons or other entry forms issued by authorised promoters,
(l) the collection, conveyance and delivery of Christmas cards by a charity, provided that the activity concerned takes place during the period starting with 25th November in any year and ending with 1st January in the following year,
(m) the conveyance and delivery of letters from one government department to another or within the same government department, and the collection of letters for that purpose,
(n) the conveyance of letters of members of a document exchange from a departure facility for that exchange to an arrival facility for another document exchange by persons who are not members of either exchange, and the collection and delivery by such persons for that purpose of letters delivered to the departure facility concerned,
(o) the conveyance and delivery of brokers' research, during the relevant period and by any person who has printed it, from the business premises where it is printed to the premises of any person who is to convey it onwards,
(p) the conveyance and delivery by any person of brokers' research within the period of 24 hours starting with its delivery to his premises or its collection by him during the relevant period from a collection point, and any such collection.
(3) Nothing in paragraphs (a) to (g) of subsection (2) shall authorise any person to make a collection of letters for the purpose of their being conveyed in any manner authorised by those paragraphs.
(4) For the purposes of paragraph (i) of subsection (2) a person has a business interest in a letter if, and only if—
(a) he is an employee of one of the correspondents or of a member of the same group as one of the correspondents and the letter relates to the business affairs of that correspondent, or
(b) he and one of the correspondents are employees of the same person or of different members of the same group and the letter relates to the business affairs of that person or (as the case may be) the employer of that correspondent.
(5) In this section—
“arrival facility”, in relation to a document exchange, means any box, receptacle or other facility associated with that exchange which is provided for the receipt of letters from members of another document exchange which are conveyed to the facility from a departure facility for that other exchange for collection by members of the first exchange,
“authorised promoter” means—
a registered pool promoter, or
a person who is or has at any time been an associate (within the meaning of section 184 of the [1974 c. 39.] Consumer Credit Act 1974) of such a promoter,
“bank” means—
the Bank of England,
an institution authorised under the [1987 c. 22.] Banking Act 1987,
a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 which has lawfully established a branch in the United Kingdom for the purpose of accepting deposits or other repayable funds from the public,
a building society authorised under the [1986 c. 53.] Building Societies Act 1986, or
the central bank of an EEA State other than the United Kingdom,
“banking instrument” means—
any cheque or other instrument to which section 4 of the [1957 c. 36.] Cheques Act 1957 applies,
any document issued by a public officer which is intended to enable a person to obtain payment from a government department of the sum mentioned in the document,
any bill of exchange not falling within paragraph (a) or (b) or any promissory note,
any postal order or money order,
any credit transfer, credit advice or debit advice, or
any list of items, or any copy of an item, falling within paragraphs (a) to (e),
“brokers' research” means any printed documentation prepared by persons licensed or authorised to trade on any regulated stock, share, futures, foreign exchange or commodities market which contains research, analysis and information relating to items traded on that market and which has not been prepared for or on the instructions of any particular person to whom it is addressed or delivered,
“charity” means a body, or the trustees of a trust, established for charitable purposes only,
“collection point” means any business premises where brokers' research is printed or an international airport,
“departure facility”, in relation to a document exchange, means any box, receptacle or other facility associated with that exchange which is provided for the collection of letters of members of that exchange which are delivered to the facility by those members for conveyance to an arrival facility for another document exchange for collection by members of that other exchange,
“document exchange” means a system involving at least three members for the exchange of letters between members of the system,
“EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993,
“government department” includes any Minister of the Crown, any part of the Scottish Administration, the National Assembly for Wales, the Northern Ireland Assembly, any Northern Ireland Minister or Northern Ireland junior Minister and any Northern Ireland department,
“group” means a body corporate and all of its wholly owned subsidiaries taken together,
“overseas letter” means a letter which is directed to a specific person or address outside the United Kingdom,
“pre-paid letter” includes any letter which, in pursuance of arrangements made with a licence holder, does not require to be pre-paid,
“registered pool promoter” has the meaning given by section 4(2) of the [1963 c. 2.] Betting, Gaming and Lotteries Act 1963, and
“relevant period” means—
in the case of a collection from an international airport, the period starting with 6.00 pm on any day other than Friday or Saturday and ending with 10.00 am on the next day and the period starting with 6.00 pm on any Friday or Saturday and ending with noon on the next day, and
in any other case, the period starting with 6.00 pm on any day and ending with 6.00 am on the next day.
(1) The Secretary of State may by order modify section 7.
(2) No such order shall be made except on the recommendation of the Commission.
(3) Before making such a recommendation, the Commission shall consult—
(a) the Council,
(b) licence holders, and
(c) such other persons as the Commission considers appropriate.
(4) Where the Commission makes such a recommendation but the Secretary of State decides not to make an order under this section, the Secretary of State shall lay before each House of Parliament a report containing the reasons for his decision.
(1) The Secretary of State may by order suspend the operation of section 6.
(2) No such order shall be made except on the recommendation of the Commission.
(3) Where the Commission makes a recommendation to make an order under this section but the Secretary of State decides not to make such an order, the Secretary of State shall lay before each House of Parliament a report containing the reasons for his decision.
The Secretary of State may, if he considers it expedient in the national interest, by order suspend the operation of section 6—
(a) for such period not exceeding six months as may be specified in the order, and
(b) to such extent as may be so specified.
(1) The Commission may, on an application by a person under section 12, grant a licence to that person authorising him to do anything which—
(a) would otherwise contravene section 6(1), and
(b) is specified in the licence or determined by or under it.
(2) A licence shall not be valid unless it is in writing.
(3) A licence shall not be transferred.
(4) A licence shall, unless it previously ceases to have effect in accordance with its provisions, continue in force for the period specified in it or determined by or under it.
(1) An application for a licence shall be made in writing to the Commission in accordance with such requirements as the Commission may specify.
(2) The Commission may, in particular, require the application to be accompanied by such reasonable application fee as it may determine.
(3) Before granting a licence the Commission shall—
(a) publish a notice in such manner as the Commission considers appropriate for bringing it to the attention of persons likely to be affected by the grant,
(b) serve a copy of the notice on the Council, and
(c) consider any representations made in accordance with the notice and not withdrawn.
(4) The notice shall—
(a) state that the Commission proposes to grant the licence and the reasons for so proposing, and
(b) state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposed licence.
(5) As soon as practicable after granting a licence the Commission shall send a copy of it to the Secretary of State and the Council.
(1) A licence may include such provisions as the Commission considers appropriate; and a provision need not relate to anything authorised by the licence.
(2) The provisions of a licence may, in particular, require a payment to the Commission on the grant of the licence, or payments while the licence is in force, or both, of such amount or amounts as may be specified in the licence or determined by or under it.
(3) Such provisions of a licence as the Commission considers appropriate may be expressed as conditions.
(4) The Commission shall consult any person who is to be granted a licence about any conditions that the Commission proposes to include in the licence (other than any condition which the Commission is required to include in the licence by virtue of this Act).
(5) References in this Act to a condition of a licence are to a provision of a licence which is expressed as a condition.
(6) Subject to subsection (7) no action shall lie or, in Scotland, be competent in respect of a contravention by a licence holder of a condition of his licence.
(7) Subsection (6) does not affect—
(a) a right of action in respect of an act or omission which takes place in the course of the provision of any postal services or the doing of anything else to which the condition relates,
(b) the power to make an order under section 22 or 23, confirm an order made under section 23 or impose a penalty under section 30,
(c) the duty to comply with any such order or pay any such penalty and a power to bring proceedings in respect of such a duty.
(1) The Commission may modify the conditions of a licence if its holder consents to the modifications.
(2) Before making modifications under this section the Commission shall—
(a) give notice of the modifications, and
(b) consider any representations made in accordance with the notice and not withdrawn.
(3) The notice shall state—
(a) that the Commission proposes to make the modifications,
(b) the effect of the modifications,
(c) the reasons for the modifications, and
(d) the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed modifications.
(4) A notice under subsection (2) shall be given by—
(a) serving a copy of the notice on the licence holder, the Council and the Secretary of State, and
(b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
(5) The Secretary of State may, within the period stated under subsection (3)(d), direct the Commission not to make any proposed modification if he considers that the modification should be made, if at all, under section 17.
(6) As soon as practicable after making modifications under this section the Commission shall send a copy of the modifications to the licence holder, the Council and the Secretary of State.
(1) The Commission may make to the Competition Commission a reference requiring the Competition Commission to investigate and report on—
(a) whether any matters, which are specified in the reference and which relate to the provision of postal services whose provision is authorised or required by a licence, operate against the public interest or may be expected to do so,
(b) if so, whether the effects adverse to the public interest which the matters have or may be expected to have could be remedied or prevented by modifying the conditions of the licence.
(2) The Commission may at any time by notice given to the Competition Commission vary a reference by adding to the matters specified in it or by excluding from it one or more of those matters; and on receiving a notice the Competition Commission shall give effect to the variation.
(3) The Commission may, for the purpose of assisting the Competition Commission in its investigation on the reference or the reference as varied, specify in the reference or a variation of it—
(a) any effects adverse to the public interest which it considers that the matters specified in the reference or variation have or may be expected to have,
(b) any modifications of the conditions of the licence by which it considers that those effects could be remedied or prevented.
(4) As soon as practicable after making a reference or variation the Commission shall give notice of it by—
(a) serving a copy of the reference or variation on the licence holder and the Secretary of State, and
(b) publishing particulars of the reference or variation in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.
(5) The Secretary of State may, before the end of the period of 28 days starting with the day on which he receives the copy, direct the Competition Commission not to proceed with the reference or not to give effect to the variation.
(6) The Commission shall, for the purpose of assisting the Competition Commission in carrying out an investigation on a reference under this section, give to the Competition Commission—
(a) any information the Commission has which relates to matters within the scope of the investigation and which the Competition Commission requests,
(b) any information the Commission has which relates to matters within the scope of the investigation and which the Commission considers that it would be appropriate for it to give without a request,
(c) any other assistance which the Commission is able to give in relation to matters within the scope of the investigation and which the Competition Commission requests.
(7) In carrying out the investigation concerned the Competition Commission shall have regard to any information given under subsection (6).
(8) In deciding under this section whether a matter operates, or may be expected to operate, against the public interest the Competition Commission shall have regard to the matters as respects which duties are imposed on the Commission by sections 3 and 5.
(1) In making a report on a reference under section 15 the Competition Commission—
(a) shall include definite conclusions on the questions contained in the reference and such an account of its reasons for the conclusions as it considers facilitates a proper understanding of the questions and of the conclusions,
(b) if it concludes that any of the matters specified in the reference operate against the public interest or may be expected to do so, shall specify the effects adverse to the public interest which the matters have or may be expected to have,
(c) if it concludes that any adverse effects so specified could be remedied or prevented by modifications of the conditions of the licence, shall specify modifications by which the effects could be remedied or prevented.
(2) A report of the Competition Commission on a reference under section 15 shall be made to the Commission.
(3) The Commission—
(a) shall, on receiving such a report, serve a copy on the Secretary of State, and
(b) shall, after the end of the specified period and subject to subsection (4), publish the report in such manner as the Commission considers appropriate for the purpose of bringing it to the attention of persons likely to be affected by it.
(4) If the Secretary of State considers that the publication of any matter would be against the public interest or any person’s commercial interests, he may before the end of the specified period direct the Commission to exclude the matter from every copy of the report to be published as mentioned in subsection (3)(b).
(5) In this section “the specified period” means the period of 14 days starting with the day on which the Secretary of State receives the copy under subsection (3)(a).
(1) This section applies if a report of the Competition Commission on a reference under section 15—
(a) includes conclusions to the effect that any of the matters specified in the reference operate against the public interest or may be expected to do so,
(b) specifies effects adverse to the public interest which the matters have or may be expected to have,
(c) includes conclusions to the effect that the effects could be remedied or prevented by modifications of the conditions of the licence, and
(d) specifies modifications by which the effects could be remedied or prevented.
(2) The Commission shall, subject as follows, make such modifications of the conditions of the licence as it considers are needed for the purpose of remedying or preventing the adverse effects specified in the report.
(3) Before making any such modifications, the Commission shall—
(a) have regard to the modifications specified in the report,
(b) give notice of its proposed modifications, and
(c) consider any representations made in accordance with the notice and not withdrawn.
(4) If, after considering any such representations, the Commission decides to make any modifications for the purpose of remedying or preventing the adverse effects specified in the report, the Commission shall give notice of the modifications to the Competition Commission.
(5) If no direction is given to the Commission under section 18(2) within the period of four weeks starting with the date on which the notice under subsection (4) is given, the Commission shall make the modifications set out in the notice.
(6) If a direction is given to the Commission under section 18(2)(b) within the period of four weeks starting with the date on which the notice under subsection (4) is given, the Commission shall make the modifications which are set out in the notice and are not specified in the direction.
(1) The Competition Commission may give a direction under subsection (2) if it considers that the modifications set out in a notice under section 17(4) are not the modifications which are needed for the purpose of remedying or preventing all or any of the adverse effects specified by it in the report as effects which could be remedied or prevented by modifications.
(2) The Competition Commission may direct the Commission—
(a) not to make the modifications concerned, or
(b) not to make such of the modifications as may be specified in the direction.
(3) Subject to subsection (4), the Competition Commission may only give a direction under subsection (2) within the period of four weeks starting with the date on which the notice under section 17(4) is given.
(4) The Secretary of State may, on the application of the Competition Commission and within the period mentioned in subsection (3), direct that the period (and, accordingly, the period mentioned in section 17(5) and (6)) shall be extended by 14 days.
(5) The Competition Commission may itself make such modifications as it considers are needed for the purpose of remedying or preventing—
(a) if the direction was given under subsection (2)(a), the adverse effects specified in the report as effects which could be remedied or prevented by modifications,
(b) if the direction was given under subsection (2)(b), such of those adverse effects as are not remedied or prevented by the modifications made by the Commission under section 17(6).
(6) In exercising its functions under subsection (5), the Competition Commission shall have regard to the matters to which the Commission is required to have regard when determining the conditions of a licence.
(7) The Commission shall, for the purpose of assisting the Competition Commission in exercising its functions under this section, give to the Competition Commission—
(a) any information the Commission has which relates to the exercise of the functions and which the Competition Commission requests,
(b) any information the Commission has which relates to the exercise of the functions and which the Commission considers that it would be appropriate for it to give without a request,
(c) any other assistance which the Commission is able to give in relation to the exercise of the functions and which the Competition Commission requests.
(8) In exercising its functions under this section, the Competition Commission shall have regard to any information given under subsection (7).
(1) A notice under section 17(3) shall state—
(a) that the Commission proposes to make the modifications,
(b) the effect of the modifications,
(c) the reasons for the modifications, and
(d) the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed modifications.
(2) Such a notice shall be given by—
(a) serving a copy of the notice on the licence holder, and
(b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
(3) A notice under section 17(4) shall state—
(a) that the Commission proposes to make the modifications,
(b) the effect of the modifications, and
(c) the reasons for the modifications.
(4) The Commission shall include with such a notice—
(a) a copy of any representations made in accordance with the notice under section 17(3) and not withdrawn, and
(b) such information (including information about any change in circumstances since the report was made) as the Commission considers it desirable for the Competition Commission to have.
(5) As soon as practicable after making modifications under section 17 the Commission shall send a copy of the modifications to the licence holder, the Council and the Secretary of State.
(6) The Competition Commission shall give notice of any direction given by it under section 18(2).
(7) The notice shall state—
(a) the modifications proposed by the Commission,
(b) the terms of the direction, and
(c) the reasons for giving it.
(8) Before making modifications under section 18(5) the Competition Commission shall—
(a) give notice of the modifications, and
(b) consider any representations made in accordance with the notice and not withdrawn.
(9) The notice shall state—
(a) that the Competition Commission proposes to make the modifications,
(b) the effect of the modifications,
(c) the reasons for the modifications, and
(d) the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed modifications.
(10) A notice under subsection (6) or (8) shall be given by—
(a) serving a copy of the notice on the licence holder, the Commission and the Secretary of State, and
(b) publishing the notice in such manner as the Competition Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.
(11) As soon as practicable after making modifications under section 18(5) the Competition Commission shall send a copy of the modifications to the licence holder, the Commission, the Council and the Secretary of State.
(1) The provisions listed in subsection (2) shall apply to references under section 15 as if—
(a) the functions of the Competition Commission in relation to those references were functions under the [1973 c. 41.] Fair Trading Act 1973 (in this section and section 21 referred to as “the 1973 Act”),
(b) the expression “merger reference” included a reference under section 15 above,
(c) in section 70 of the 1973 Act references to the Secretary of State were to the Commission and the reference to three months were to six months,
(d) in section 93B(1) of the 1973 Act for paragraphs (a) and (b) there were substituted a reference to the Competition Commission in connection with any of its functions in relation to a reference under section 15 above.
Postal Services Act 2000