Statutory Instrument 1999 No. 2107

The Postal Services Regulations 1999

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STATUTORY INSTRUMENTS

1999 No. 2107
POSTAL SERVICES
The Postal Services Regulations 1999

	Made	26th July 1999
	Laid before Parliament	27th July 1999
	Coming into force	In accordance with regulation 1

The Secretary of State for Trade and Industry, being the Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to postal services, in exercise of the powers conferred on him by the said section 2(2) hereby makes the following Regulations: -

Citation, purpose, interpretation and commencement

     1. - (1) These Regulations may be cited as the Postal Services Regulations 1999.

    (2) These Regulations have effect for the purpose of implementing the Postal Services Directive.

    (3) In these Regulations-

"the 1969 Act" means the Post Office Act 1969[

"the 1981 Act" means the British Telecommunications Act 1981[4];

     "the Postal Services Directive" means Directive 97/67/EC of the European Parliament and of the Council on common rules for the development of the internal market of community postal services and the improvement of quality of service[5].

    (4) Subject to paragraph (5), these Regulations shall come into force on 1st September 1999.

    (5) Regulation 3, and so much of regulation 2 as relates to the Postal Services Commission, shall come into force on 1st April 2000.

The national regulatory authorities
     2. - (1) The Secretary of State and the body known as the Postal Services Commission are hereby designated as the national regulatory authorities for the postal sector in the United Kingdom.

    (2) The function of the Commission shall be to advise the Secretary of State in relation to postal services generally and, in particular, on the exercise of his powers under the 1969 Act and the 1981 Act.

    (3) It shall be the duty of-

(a) the Secretary of State to exercise his powers in relation to the Post Office under the 1969 Act and the 1981 Act; and

(b) the Commission to perform its function so as to ensure compliance with the obligations arising from the Postal Services Directive.

The Postal Services Commission
3. - (1) It shall be the duty of the Postal Services Commission in the performance of its function-

(a) to promote the interests of consumers of postal services generally, having regard, in particular, to the need for effective competition wherever possible and appropriate;

(b) to promote the provision of a universal postal service (within the meaning given by section 59(1A) of the 1981 Act[

(2) For the purposes of performing its function the Commission shall have power-

(3) Anything authorised or required by or under these Regulations to be done by the Commission may be done by any member of the staff of the Commission who is authorised generally or specifically in that behalf by the Commission.

(4) In Schedule 2 to the Parliamentary Commissioner Act 1967[8] (departments and authorities subject to investigation), there shall be inserted (at the appropriate place) the following entry-

(5) In Part II of Schedule 1 to the House of Commons Disqualification Act 1975[9] (bodies of which all members are disqualified), there shall be inserted (at the appropriate place) the following entry-

Provision of universal postal service
4. - (1) For subsection (1) of section 59 of the 1981 Act (general duty of the Post Office) there shall be substituted the following subsections-

" (1) It shall be the duty of the Post Office (consistently with any directions given to it under the provisions of Part III of the 1969 Act or this Part) so to exercise its powers as to provide a universal postal service throughout the United Kingdom, except in so far as-

(1A) For the purposes of subsection (1), a universal postal service is provided if-

(d) a registered post service is provided at such prices."

(2) For subsection (3) of that section there shall be substituted the following subsection-

" (3) Subsection (1) shall not be taken to preclude the Post Office from-

(3) After subsection (5) of that section there shall be inserted the following subsection-

" (6) In this section-

"letter" has the same meaning as in section 66;

"postal address" means any address recognised by the Post Office as being an identifiable point for the delivery of postal packets;

     "permitted limits", in relation to the dimensions of a postal packet, means the minimum and maximum dimensions laid down in the Universal Postal Union Convention and the Agreement concerning Postal Parcels adopted by the Universal Postal Union;

     "postal packet" means a letter, parcel, packet or other article transmissible by post;

     "public holiday" means Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971[10] in any part of the United Kingdom;

     "registered post service" means a service which provides for the registration of postal packets and for the payment of compensation for any loss or damage;

     "working day" means-