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Post Office Act 1961
(9 & 10 Eliz 2 c.15, 28th March 1961)

An Act to reorganise the financial arrangements of the Post Office; to amend the Post Office Act, 1953, and the Stamp Duties Management Act, 1891; and for purposes connected with the matters aforesaid.
[28th March 1961]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

New financial Arrangements

1.—(1) There shall be established a fund, to be called the Post Office Fund (hereafter in this Act referred to as the "Fund") which shall be under the management and control of the Postmaster General.

(2) Subject to the provisions of this section, all sums received by the Postmaster General shall, notwithstanding anything in any enactment, be paid by him into the Fund.

(3) Out of the Fund there shall be paid—

  1. all sums paid by the Postmaster General in, or in connection with, the exercise of functions conferred on him by or under any enactment (including any enactment passed after the passing of this Act);
  2. all sums paid by him in, or in connection with, the exercise of functions of his other than as aforesaid, being functions relating, directly or indirectly, to the following matters, namely,—
    1. postal matters,
    2. the remitting of money,
    3. telegraphs, telephones and (as defined by section nineteen of the Wireless Telegraphy Act, 1949) wireless telegraphy, and
    4. activities carried on by him as an agent (whether for a government department or for any other person whatsoever);
  3. all sums paid by him in consequence of the carrying on by him of activities necessarily or properly carried on by him in connection with the exercise of such functions as are referred to in the foregoing paragraphs; and
  4. such sums as, by the following provisions of this Act, are required to be paid by him.

(4) There shall be excepted from the operation of subsections (2) and (3) of this section—

  1. sums provided by Parliament by way of grants to, or in aid of, the British Broadcasting Corporation,
  2. sums so provided for the making by the Postmaster General, under section eleven of the Television Act, 1954, of grants to the Independent Television Authority,
  3. sums directed by the Treasury to be applied as appropriations in aid of sums provided as mentioned in the foregoing paragraphs or for other purposes related to broadcasting, and
  4. sums provided by Parliament for the payment, under the Ministers of the Crown Act, 1937, of the salaries of the Postmaster General and the Assistant Postmaster General.

(5) Subsection (3) of this section shall have effect in substitution for any enactment in so far as it provides or enables provision to be made for defraying out of moneys provided by Parliament expenses incurred by the Postmaster General, and any reference in any instrument having effect by virtue of any enactment to the making of payments by the Postmaster General out of moneys so provided shall be taken as a reference to the making of payments by him out of the Fund.

2.—(1) The Postmaster General shall pay such sums at such times as may be agreed between him and the Treasury to be requisite to secure that, year by year, he contributes to the Exchequers of the United Kingdom and Northern Ireland as nearly as may be what he would contribute thereto by way of taxes, duties, fees and other imposts (except stamp duty) but for the exemptions which by law are enjoyed by him from liability thereto and from liability to comply with enactments compliance with which would involve the payment of imposts (with the exception aforesaid).

(2) The Postmaster General shall pay such sums at such times as may be agreed between him and the Treasury to be requisite to secure that, year by year, there is contributed to the Exchequers of the United Kingdom and Northern Ireland as nearly as may be what would be contributed thereto by way of stamp duty but for—

  1. paragraph (9) of the list of exemptions set out, in the First Schedule to the Stamp Act, 1891, at the end of the heading "Bill of Exchange of any kind whatsoever (except a bank note) and Promissory Note of any kind whatsoever (except a bank note)", in so far as that paragraph applies to a draft or order drawn by an officer of the Post Office;
  2. paragraph (3) of the list of exemptions set out, in the said First Schedule, at the end of the heading "Receipt", in so far as that paragraph applies to a receipt given for or upon the payment of money to the Postmaster General, other than a receipt given by an officer of the Post Office acknowledging the receipt by the Postmaster General of a sum of money paid by way of Parliamentary taxes or duties or for the use of Her Majesty, being a sum no part of which is retained by him;
  3. section eighty-four of the Post Office Act, 1953 (which exempts from stamp duty every document made or executed for the purposes of the Post Office), except in so far as it applies to—
    1. a postal order within the meaning of that Act,
    2. a draft or order drawn upon the Postmaster General by an officer of a public department other than the Post Office, and
    3. a receipt acknowledging the receipt of the amount of a money order issued under that Act (whether or not indorsed or otherwise written on the order) or a receipt given by an officer of the Post Office acknowledging the receipt by the Postmaster General of a sum of money paid by way of Parliamentary taxes or duties or for the use of Her Majesty, being a sum no part of which is retained by him.

(3) Payments under this section shall, except in so far as it may be agreed between the Postmaster General and the Treasury that they shall be made to another government department or some other authority or person, be made into the Exchequer of the United Kingdom.

(4) For the purposes of subsection (2) of section twenty-two of the Government of Ireland Act, 1920 (annual determination by Joint Exchequer Board of what part of the proceeds of reserved taxes is properly attributable to Northern Ireland), sums paid under this section (except sums which, by virtue of the last foregoing subsection, have been paid in Northern Ireland) shall be treated as being proceeds of the duties and taxes referred to in subsection (1) of that section.

3.—(1) Broadcast receiving licence revenue shall be treated as being collected by the Postmaster General for the benefit of the Exchequer of the United Kingdom, and accordingly he shall from time to time pay into that Exchequer the sums received by him by way of such revenue.

(2) There shall be paid into the Fund such sums as may from time to time be provided by Parliament for paying the Postmaster General for discharging his functions under the Wireless Telegraphy Act, 1949, and the Television Act, 1954, in so far as broadcasting is concerned or otherwise in relation to broadcasting.

(3) In this section "broadcast receiving licence revenue" means—

  1. revenue received by the Postmaster General by way of sums paid to him in respect of the issue, under section one of the Wireless Telegraphy Act, 1949, of licences of a type which are designed primarily to authorise the reception of broadcast programmes; and
  2. such proportion (if any) of the revenue received by him by way of sums paid to him in respect of the issue as aforesaid of licences of a type which, though authorising the reception of broadcast programmes, are primarily designed for a purpose other than such reception (not being licences authorising the relaying of broadcast programmes by wire) as may be agreed between the Postmaster General and the Treasury to be proper to be treated for the purposes of this section as broadcast receiving licence revenue.

Any reference in this subsection to the issue of a licence under the said section one shall be construed as including a reference to the renewal of a licence so issued, and any reference therein to revenue received by the Postmaster General in respect of the issue of licences of any type shall be construed as references to revenue so received after deducting the amount of any refunds thereof made by him with the consent of the Treasury.

4. The Postmaster General shall from time to time pay into the Exchequer of the United Kingdom the sums received by him under section seventy-three of the Post Office Act, 1953 (which enables him to accept fines incurred or alleged to be incurred without legal proceedings' being taken for the recovery thereof and to compromise and compound legal proceedings for the recovery of such fines) both as originally enacted and as applied by subsection (5) of section fourteen of the Wireless Telegraphy Act, 1949, and the sums received by him under section thirty-five of the Inland Revenue Regulation Act, 1890 (which, as amended by the Inland Revenue and Post Office (Powers and Duties) Order, 1914, made under section twentyof the Finance Act, 1911, enables him to compound legal proceedings for the recovery of fines and penalties in respect of certain offences relating to stamps).

5. Notwithstanding anything in this Act the Postmaster General shall not, in any financial year subsequent to that beginning at,the commencement of this Act, pay any sum out of the Fund unless before the beginning of that year the Commons House of Parliament have resolved that he be authorised to make in that year payments out of the Fund.

6. It shall be the duty of the Postmaster General so to conduct the business of the Post Office as to secure that its revenue is not less than sufficient, taking one year with another, to meet its outgoings which are properly chargeable to revenue account (including proper allocations to the general reserve established under the next following section).

7.—(1) The Postmaster General shall establish and maintain a general reserve.

(2) The sums to be carried from lime to time to, and the application of, the general reserve shall be such as the Postmaster General may determine.

8.—(1) The Postmaster General may borrow temporarily from the Bank of England (and that Bank are hereby authorised to lend to him) such sums as he may require for meeting his obligations or performing his functions; but the aggregate of the amounts outstanding by way of principal in respect of borrowings under this section shall not at any time exceed the sum of thirty million pounds.

(2) The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of, and the payment of interest on, any loan made to the Postmaster General under this section, and—

  1. any sums required for fulfilling a guarantee given under this subsection shall be charged on and issued out of the Consolidated Fund of the United Kingdom (hereafter in this Act referred to as the "Consolidated Fund"), and any sums received by way of the repayment of, or the payment of interest on, any sums issued as aforesaid under this paragraph shall be paid into the Exchequer of the United Kingdom;
  2. the Treasury shall, immediately after a guarantee or sum is given or issued under this subsection, lay before both Houses of Parliament a statement (as the case may be) of the guarantee or that that sum has been so issued.

(3) Section two of the Bank of England Act, 1819 (applications to the Bank of England for advances to the Crown to be made in writing by the First Lord of the Treasury or the Chancellor of the Exchequer and copies thereof to be laid before Parliament) shall not apply to applications for loans under this section.

9.—(1) The Treasury may make to the Postmaster General out of the Consolidated Fund advances for either for both of the following purposes, namely,—

  1. the provision of money for meeting any expenditure incurred by him which is properly chargeable to capital account;
  2. the provision of any working capital required by him.

(2) Any advances made by the Treasury under this section shall be paid off by the Postmaster General at such times and by such methods, and interest thereon shall be paid by him at such rates and at such times, as the Treasury may direct.

(3) For the purpose of providing sums for the making of advances under this section, or of providing for the replacement of sums advanced thereunder, the Treasury may at any time, if they think fit, raise money in any manner in which they are authorised to raise money under the National Loans Act, 1939, and any securities created and issued under this subsection shall be deemed for all purposes to have been created and issued under that Act.

(4) Any sums received by the Treasury under subsection (2) of this section shall be paid into the Exchequer of the United Kingdom and shall be issued out of the Consolidated Fund at such times as they may direct, and shall be applied by them as follows, that is to say,—

  1. so much thereof as represents principal shall be applied in redeeming or paying off debt of such description as they think fit;
  2. so much thereof as represents interest shall be applied towards meeting such part of the annual charges for the national debt as represents interest.

10.—(1) The Postmaster General shall not borrow any money except in accordance with the two last foregoing sections.

(2) The aggregate of—

  1. the amounts outstanding by way of principal in respect of advances under the last foregoing section; and
  2. so much as is outstanding of the amount required by subsection (2) of section thirteen of this Act to be paid off as therein mentioned;

shall not at any time exceed eight hundred and eighty million pounds or such greater sum, not exceeding nine hundred and sixty million pounds, as may be determined by resolution of the Commons House of Parliament.

11. Any sums in the hands of the Postmaster General which are not immediately required by him for the purposes of the business of the Post Office may be invested by him in Ways and Means advances to the Exchequer of the United Kingdom, Treasury bills, bills of the Government of Northern Ireland, securities of the Government of the United Kingdom or of the Government of Northern Ireland redeemable (otherwise than at the option of the Treasury or, as the case may be, the Ministry of Finance for Northern Ireland) in less than five years from the date of investment, or in such other manner as he may, with the approval of the Treasury, determine.

12.—(1) The Postmaster General shall keep proper accounts and proper records in relation to the accounts and shall prepare in respect of each financial year a statement of accounts in such form as he may, with the approval of the Treasury, determine, being a form which shall conform to the best commercial standards.

(2) The statement of accounts prepared in pursuance of the foregoing subsection in respect of each financial year shall, before the end of September next following the end of that year, be transmitted to the Comptroller and Auditor General who shall examine it on behalf of Parliament, certify and report on it and return it, together with a copy of the report, to the Postmaster General before the end of November next following.

(3) The Postmaster General shall prepare a report of the business of the Post Office conducted during each financial year and shall, before the end of December next following the end of that year, lay before Parliament copies of the report having attached thereto copies of the statement of accounts prepared, in pursuance of subsection (1) of this section, in respect of that year and of the Comptroller and Auditor General's report thereon.

Provisions consequential on, or supplementary to, the foregoing Sections

13.—(1) The several amounts which, in the accounts which in pursuance of section five of the Exchequer and Audit Departments Act, 1921, are prepared in relation to the Post Office in respect of the financial year ending immediately before the commencement of this Act, are shown as assets and liabilities of the Post Office shall be treated las representing respectively the initial assets and the initial liabilities of the Fund.

(2) That one of the amounts aforesaid which is shown as representing liabilities of the Post Office on capital account to the Exchequer of the United Kingdom shall be paid off by the making by the Postmaster General into that Exchequer of payments of such amounts at such times as may be directed by the Treasury; and he shall also make, by way of interest on so much of the said amount as remains for the time being outstanding, payments into that Exchequer of such amounts at such times as may be so directed.

(3) Any amount shown in the said accounts as representing a liability of the Post Office on current account to the Exchequer of the United Kingdom shall be paid off by the making by the Postmaster General into that Exchequer of payments of such amounts at such times as may be agreed between the Postmaster General and the Treasury; and he shall also make, by way of interest on so much of that amount as remains for the time being outstanding, payments into that Exchequer of such amounts at such times as may be directed by the Treasury.

(4) Any amount shown in the said accounts as representing an asset of the Post Office consisting in a liability thereto of the Exchequer of the United Kingdom on current account shall be paid off by the making of payments out of the Consolidated Fund to the Postmaster General of such amounts at such times as may be agreed between the Postmaster General and the Treasury; and there shall also be made, by way of interest on so much of that amount as remains for the time being outstanding, payments out of the Consolidated Fund to the Postmaster General of such amounts as may be so agreed.

(5) Sums paid into the Exchequer of the United Kingdom under subsection (2) of this section shall be issued out of the Consolidated Fund, and applied by the Treasury, in like manner as, by subsection (4) of section nine of this Act, sums paid into that Exchequer thereunder are required to be so issued and applied.

14.—(1) The terminable annuities which, in consequence of the passing of the money enactments, are outstanding at the commencement of this Act in favour of the National Debt Commissioners shall be paid in whole out of the Consolidated Fund instead of (as provided by those enactments) out of moneys provided by Parliament for the service of the Post Office or (but to the extent only to which those moneys are insufficient) out of the Consolidated Fund; and any liability under those enactments to repay sums to the Exchequer of the United Kingdom out of moneys provided by Parliament for the service of the Post Office or to pay interest to that Exchequer out of such moneys is hereby determined.

(2) Accordingly, the said enactments shall cease to have effect; but any sums paid to the Exchequer of the United Kingdom before the commencement of this Act by way of repayment of money borrowed as aforesaid or payment of interest on money so borrowed, being sums which before that commencement have not been dealt with in manner provided by the said enactments, shall, notwithstanding the cesser of the said enactments, be so dealt with.

(3) For the purpose of providing so much of any sums required by subsection (1) of this section to be paid out of the Consolidated Fund as represents principal, or of providing for the replacement of so much of any sums paid thereout in pursuance of that subsection as represents principal, the Treasury may at any time raise money in any manner in which they are authorised to raise money under the National Loans Act, 1939; and any securities created and issued under this subsection shall be deemed for all purposes to have been created and issued under that Act.

(4) References in this section to the money enactments are references to the Acts passed during the years nineteen hundred and thirty-five to nineteen hundred and fifty-nine inclusive the short title of each of which consists of the words "The Post Office and Telegraph (Money) Act" followed by the year in which it was passed and to section five of the Commonwealth Telegraphs Act, 1949.

15.—(1) For the purpose of securing that eligibility for the payment out of moneys provided by Parliament of a pension gratuity, allowance or other like benefit to any person in respect of service of his, or that of another's, in the civil service of the State is not prejudiced by reason of the fact that, in consequence of this Act, his or the other's salary or remuneration has at any time been paid out of the Fund instead of out of moneys so provided, references in the following provisions of the Superannuation Acts, 1834 to 1960, to moneys so provided, namely,—

  1. section seventeen of the Superannuation Act, 1859;
  2. section four of the Superannuation Act, 1892;
  3. subsection (4) of section three of the Superannuation Act, 1935;
  4. subsection (1) of section nine of the Superannuation Act, 1946;
  5. the definition of "service to the State in an unestablished capacity" in subsection (1) of section seventeen of the Superannuation (Miscellaneous Provisions) Act, 1948; and
  6. subsection (1) of section forty of the Superannuation Act, 1949, and the definition of "employment in an unestablished capacity" in subsection (1) of section sixty-three of that Act;

shall be construed as including references to the Fund; and the reference, in section two of the Pensions Commutation Act, 1871, to moneys so provided for supply services shall be similarly construed.

(2) There shall be paid into the Fund such sums as may from time to time be provided by Parliament to enable the Postmaster General to make any payments falling to be made by him by virtue of sub-paragraphs (v) and (vi) of paragraph (d of section six of the Commonwealth Telegraphs Act, 1949 (supplementation of pensions payable to or in respect of persons who were employees of certain telegraph companies, and payments to or in respect of such persons who had only expectations of the accruer of pensions).

(3) The Postmaster General shall from time to time pay into the Exchequer of the United Kingdom sums, of such amounts as may be agreed between him and the Treasury, in respect of liabilities accruing to that Exchequer in respect of the payment of pensions, gratuities, allowances and other like benefits, in so far as those liabilities are referable to the service of persons in the Post Office.

16.—(1) Anything which, under the Post Office Act, 1953, may be done by warrant of the Treasury shall be done instead by regulations made by the Postmaster General by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(2) The consent, concurrence or authority of the Treasury shall cease to be requisite to the exercise or discharge by the Postmaster General of any power or duty conferred or imposed on him by or by virtue of any of the following enactments, namely,—

section seven of the Telegraph Act, 1869 (power of Postmaster General to purchase undertakings of telegraph companies);

section two of the Telegraph Act, 1885 (power of Postmaster General to regulate conduct of telegraphic business and fix charges for transmission of telegrams);

paragraph 3 of the First Schedule to the Wireless Telegraphy Act, 1949 (payment, to extent determined by Postmaster General, of expenses incurred by committees advising on suspensions or revocations of authorities to wireless personnel);

section one of the Telephone Act, 1951 (power of Postmaster General to regulate use of telephone system and fix charges in connection with its use);

sections three, five, twenty, twenty-one, forty-seven and forty-eight of, and paragraph 5 of the First Schedule to, the Post Office Act, 1953 (Postmaster General's privilege of conveying letters; postal charges; money orders; postal orders; acquisition of land; disposal of land; procedure for acquiring land).

(3) The powers and duties of the Treasury under paragraphs 6 and 7 of the First Schedule to the Post Office Act, 1953, are hereby transferred to him.

(4) The consent of the Treasury shall not be requisite to the making, under subsection (1) of section two of the Wireless Telegraphy Act, 1949, of regulations prescribing, or authorising the charging of, the sums to be paid to the Postmaster General on the issue or renewal of a licence under section one of that Act, other than a licence of a type falling within paragraph (a) or (b) of subsection (3) of section three of this Act, or at any prescribed time thereafter, or of regulations prescribing under the said subsection (1) a time, after the issue or renewal of such a licence, at which a sum is to be paid to him in respect thereof.

(5) The approval of the Treasury shall not be requisite to the making by the Postmaster General of—

  1. ) an agreement under subsection (3) of section forty-six of the Patents Act, 1949, as originally enacted or as applied by any subsequent enactment, whether passed before or after the commencement of this Act (which subsection relates to the terms upon which patented inventions may be used for the services of the Crown by government departments and persons authorised thereby); or
  2. an agreement under sub-paragraph (3) of paragraph 1 of the First Schedule to the Registered Designs Act, 1949, as originally enacted or as applied by any subsequent enactment, whether passed before or after the commencement of this Act (which sub-paragraph relates to the terms upon which registered designs may be so used).

17. A statutory instrument made after the commencement of this Act containing regulations under section eleven of the Juries Act, 1862, fixing the fee to be paid for the registration under that section of a jury summons to be sent by post or regulations under section two of the Telegraph Act, 1885, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

18. The following enactments shall cease to have effect to the following extent, that is to say,—

  1. section eleven of the Juries Act, 1862, in so far as it fixes twopence as the maximum amount of the fee for the registration under that section of a jury summons to be sent by post;
  2. subsection (2) of section five of the Post Office Act, 1953, in so far as it provides that the inland letter rate shall not be less than one penny;
  3. subsection (2) of section twelve of the said Act of 1953, in so far as it fixes five shillings as the maximum amount of the fee payable in respect of the registration of a publication in the register of newspapers kept at the General Post Office in London;
  4. section twenty-one of the said Act of 1953, in so far as it fixes threepence as the maximum amount of the poundage payable in respect of a postal order for an amount not exceeding twenty-one shillings;
  5. subsection (1) of section one of the Telegraph Act, 1954, in so far as it imposes a maximum rate of charge for an ordinary inland written telegram; and
  6. subsection (3) of section one of the said Act of 1954 (which imposes a maximum rate of charge for certain press telegrams), as to the whole thereof.

19.—(1) The Treasury shall from time to time pay out of the Consolidated Fund to the Postmaster General sums, of such amounts as may be agreed between them, for the performance by him of the functions conferred on him under the National Debt Act, 1958.

(2) The Minister of Pensions and National Insurance shall, out of moneys provided by Parliament, from time to time pay the Postmaster General sums, of such amounts as may be agreed between them, for work done by the Postmaster General in the execution of—

  1. the Family Allowances Acts, 1945 to 1959;
  2. the National Insurance Acts, 1946 to 1959;
  3. the National Insurance (Industrial Injuries) Acts, 1946 to 1959;
  4. the Workmen's Compensation (Supplementation) Act, 1951;
  5. the Industrial Diseases (Benefit) Acts, 1951 and 1954; and
  6. the Workmen's Compensation and Benefit (Supplementation) Act, 1956.

(3) The National Assistance Board shall, out of moneys provided by Parliament, from time to time pay the Postmaster General sums, of such amounts as may be agreed between them, for work done by the Postmaster General in the execution of the Old Age Pensions Act, 1936, and Part II of the National Assistance Act, 1948.

(4) The Minister of Transport shall, out of moneys provided by Parliament, from time to time pay the Postmaster General sums, of such amounts as may be agreed between them, for work done by the Postmaster General in the execution of the Vehicles (Excise) Act, 1949.

(5) The Minister of Housing and Local Government shall, out of moneys provided by Parliament, from time to time pay the Postmaster General sums, of such amounts as may be agreed between them, for work done by the Postmaster General in connection with the issue, in England and Wales, of licences under the Dog Licences Act, 1959, and of licences to deal in game, for killing game and for guns.

(6) The National Debt Commissioners shall from time to time pay the Postmaster General, for work done by him in the execution of the Post Office Savings Bank Act, 1954, sums of such amounts as he and the Treasury may agree; and any payment made by the said Commissioners in pursuance of this subsection shall be defrayed out of money deposited under that Act.

(7) The National Debt Commissioners shall from time to time pay the Postmaster General, for work done by him in the execution of Part II of the Government Annuities Act, 1929, sums of such amounts as he and the Treasury may agree; and any payment made by the said Commissioners in pursuance of this subsection shall be defrayed as part of the expenses of the grant of annuities and insurances under that Act.

20. The Fund which, in pursuance of section thirty-nine of the Finance Act, 1933, was established by the name of the Post Office Fund, and of which the operation ceased by virtue of section sixty-three of the Finance Act, 1940, is hereby abolished.

Miscellaneous Amendments of Law

21. For subsection (2) of section six of the Post Office Act, 1953 (which provides for the stamping, by the Postmaster General or the Commissioners of Inland Revenue under rules made by or with the sanction of the Treasury, with stamps denoting the appropriate postage, of paper to be used as covers or envelopes of postal packets, subject to payment of the amount of the stamps required to be impressed and, except where that amount exceeds ten pounds, of such further fee as the Treasury may direct), there shall be substituted the following subsection:—

(2) The Postmaster General may, in accordance with rules made by him, stamp any paper sent to him for the purpose of being stamped for use as postcards or reply-postcards or covers or envelopes of postal packets with stamps denoting the appropriate postage, on payment of the amount of the stamps required to be impressed and of such fee for the stamping as may be prescribed".

22. Subsection (1) of section twenty-one of the Post Office Act, 1953, shall have effect as if, in lieu of the requirement imposed by paragraph (b) of the proviso thereto that in the circumstances therein mentioned a postal order be not paid except after payment of commission equal to the amount of the original poundage, it conferred power on the Postmaster General in those circumstances to refuse payment except on payment of commission of such amount as may be fixed by regulations made by him under that Act.

23.—(1) Every instrument or document purporting to be executed or signed by or on behalf of the Postmaster General shall be deemed to be so executed or signed unless the contrary is shown.

(2) A certificate signed by the Postmaster General that any instrument or document purporting to be executed or signed on his behalf was so executed or signed shall be conclusive evidence of that fact.

(3) Without prejudice to the foregoing provisions of this section, the Documentary Evidence Act, 1868, shall apply to any document issued by the Postmaster General as it applies to the documents mentioned in that Act and shall, as so applied, have effect as if the Postmaster General were included in the first column of the Schedule to that Act and any person authorised by him to act on his behalf were specified in the second column of that Schedule in connection with him.

24.—(1) Section seventy-four of the Post Office Act, 1953 (which provides for the payment of fines in respect of offences against that Act into the Exchequer of the United Kingdom unless applied as appropriations in aid under section two of the Public Accounts and Charges Act, 1891) is hereby repealed.

(2) Any sums paid to the Secretary of State in pursuance of section twenty-seven of the Justices of the Peace Act, 1949, in respect of fines imposed in respect of offences against the Post Office Act, 1953, shall be deemed to be Exchequer moneys within the meaning of that section.

25.—(1) It shall not be necessary for a person licensed under section three of the Stamp Duties Management Act, 1891, to deal in stamps to give security, and any security given under subsection (3) of that section which is in force at the commencement of this Act is hereby released; and accordingly that subsection and, in subsection (4) of the said section three, the words "and one bond" shall cease to have effect.

(2) Subsection (5) of the said section three (person licensed to deal in stamps to cause his full name together with the words "Licensed to sell stamps" to be painted on some conspicuous place on the outside of the front of the place at which he is so licensed) is hereby repealed.

(3) Section eight of the said Act (allowance, upon the sale of stamps, of such discount as the Treasury may direct) shall, in relation to stamps used to denote either duties of postage only or duties of postage and other duties, have effect with the substitution, for the reference to the Treasury, of a reference to the Postmaster General.

Supplementary

26.—(1) In this Act "financial year" means the twelve months ending with the thirty-first day of March.

(2) References in this Act to any enactment shall be construed as referring to that enactment as amended by or under any subsequent enactment including, except where the context otherwise requires, this Act.

27.—(1) In calculating, for the purposes of section twenty-four of the Government of Ireland Act, 1920 (Northern Ireland residuary share of reserved taxes), the net cost during any year of any reserved services no regard shall be had to any payments made under section thirteen or fifteen of this Act or any payments made by way of pensions, gratuities, allowances or other like benefits out of moneys provided by Parliament for the service of the Post Office.

(2) Any reference in this Act to a government department shall be construed as including a reference to a department of the government of Northern Ireland and any reference in this Act to a public department shall be construed as including a reference to a public department of that government.

(3) Any reference in this Act to the Stamp Act, 1891, shall be construed as including a reference to that Act as it applies to stamp duties chargeable in Northern Ireland, and any reference to Parliamentary taxes or duties shall be construed as including a reference to taxes or duties of the Parliament of Northern Ireland.

(4) In so far as section twenty-five of this Act relates to matters with respect to which the Parliament of Northern Ireland has power to make laws it shall be deemed, for the purposes of section six of the Government of Ireland Act, 1920, to have been passed before the day appointed for the purposes of that section.

28.—(1) The enactments specified in the Schedule to this Act shall have effect subject to the consequential amendments set out in that Schedule.

(2) Any reference in any enactment (other than one mentioned in the Schedule to this Act) which is, or is to be construed as, a reference to Post Office regulations under the Post Office Act, 1953, shall be construed as referring to regulations made under the section substituted by this Act for section eighty-one of that Act.

29.—(1) Any regulation contained in a warrant of the Treasury under section five or seven of the Post Office Act, 1953, or section eighty-one thereof (as originally enacted), or under the corresponding provisions of the enactments repealed by that Act, shall, in so far as it is in force immediately before the commencement of this Act and could be made by the Postmaster General under the section substituted by this Act for the said section eighty-one, have effect as if it had been made by him under the section so substituted.

(2) Any sum which, if this Act had not passed, would by virtue of subsection (3) of section twenty-two of the Post Office Savings Bank Act, 1954, have fallen to be deducted from the amount of the expenses incurred in the execution of that Act shall be paid by the Postmaster General to the National Debt Commissioners and treated for the purposes of that Act as if it were money deposited thereunder which had been paid over to them under subsection (2) of section sixteen thereof.

(3) Nothing in this Act shall be construed as operating to cause a contractual obligation to arise between the Postmaster General and another person in any case in which, apart from this Act, it would not have arisen.

30.—(1) This Act may be cited as the Post Office Act 1961 .

(2) This Act shall extend to the Isle of Man and the Channel Islands.

(3) This Act shall come into operation on the first day of April, nineteen hundred and sixty-one.


S C H E D U L E

CONSEQUENTIAL AMENDMENTS OF ENACTMENTS

Amendments Provision of this Act on which amendment is consequential

The Consolidated Fund Act, 1816 (56 Geo. 3. c. 98).
The revenue and expenditure of the Post Office shall not be included in any annual accounts of the total income and public expenditure of the United Kingdom prepared and made out under section twenty-two for the financial year beginning at the commencement of this Act or any subsequent financial year; but for the purposes of the foregoing provision sums payable under section three or four of this Act shall be treated as not being such revenue. Section twelve.

The Juries Act, 1862 (25 & 26 Vict. c. 107).
In section eleven, the words "(which fee shall in no case exceed twopence over and above the ordinary rate of postage)" shall be repealed. Section eighteen.

The Exchequer and Audit Departments Act, 1866 (29 & 30 Vict. c. 39).
In section ten, for the words "the Commissioners of Inland Revenue and the Postmaster General" there shall be substituted the words "and the Commissioners of Inland Revenue". Section one.
Section twenty-three shall not apply to accounts kept in pursuance of section twelve of this Act. Section twelve.

The Telegraph Act, 1869 (32 & 33 Vict. c. 73).
In section seven, the words "with the consent of the Treasury" shall be repealed. Section sixteen.
Section nineteen shall be repealed Section one.

The Telegraph Act, 1885 (48 & 49 Vict. c. 58).
In section two, the words "with the consent of the Treasury" shall be repealed, and the words from "Section twenty-three of the Telegraph Act, 1868" onwards shall be repealed except in relation to regulations made before the commencement of this Act. Sections sixteen and seventeen.

The Exchequer and Audit Departments Act, 1921 (11 & 12 Geo. 5. c. 52).
In section two, in subsection (1), for the words "Inland Revenue, and Post Office" there shall be substituted the words "and Inland Revenue". Section twelve.
Section three shall not apply to Post Office accounts. Section twelve.
Section four shall not, in the case of the Post Office, have effect as respects any period after the commencement of this Act. Section twelve.
Section five shall not, in the case of the Post Office, have effect in respect of the financial year beginning at the commencement of this Act or any subsequent financial year. Section twelve.

The Post Office (Pneumatic Tubes Acquisition) Act, 1922 (12 & 13 Geo. 5. c. 43).
Section three shall be repealed Section one.

The Government Annuities Act, 1929 (19 & 20 Geo. 5. c. 29).
In section fifty-four, in subsection (4), after the words "by any savings bank" there shall be inserted the words "(other than a post office savings bank)". Section nineteen.

The Finance Act, 1933 (23 & 24 Geo. 5. c. 19).
Sections thirty-eight and thirty-nine shall be repealed. Section twenty.

The Finance Act, 1936 (26 Geo. 5 & 1 Edw. 8. c. 34).
Section thirty-one shall be repealed Section twenty.

The Finance Act, 1937 (1 Edw. 8 & 1 Geo. 6. c. 54).
Section thirty-two shall be repealed Section twenty.

The Imperial Telegraphs Act, 1938 (1 & 2 Geo. 6. c. 57).
Section two shall be repealed Section twenty.

The Post Office and Telegraph Act, 1940 (3 & 4 Geo. 6. c. 25).
In section four, the words from "and any special rate" onwards shall be repealed. Section eighteen.

The Finance Act, 1940 (3 & 4 Geo. 6. c. 29).
Section sixty-three shall be repealed Section twenty.

The Family Allowances Act, 1945 (8 & 9 Geo. 6. c. 41).
In section twenty, the reference to expenses incurred in the administration of the Act shall be construed as not including any expenses incurred by the Postmaster General. Sections one and nineteen.

The Bank of England Act, 1946 (9 & 10 Geo. 6. c. 27).
In the Second Schedule, in paragraph 4, the reference to moneys provided by Parliament shall be construed as including a reference to the Fund. Section one.

The National Insurance (Industrial Injuries) Act, 1946 (9 & 10 Geo. 6. c. 62).
In section sixty, the references in subsections (1) and (2) to expenses incurred by any government department other than the Minister of Pensions and National Insurance shall be construed as not including any expenses incurred by the Postmaster General. Sections one and nineteen.

The National Insurance Act, 1946 (9 & 10 Geo. 6. c. 67).
In section thirty-eight, the references in subsections (1) and (2) to expenses incurred by any government department other than the Minister of Pensions and National Insurance shall be construed as not including any expenses incurred by the Postmaster General. Sections one and nineteen.

The Crown Proceedings Act, 1947 (10 & 11 Geo. 6. c. 44).
In section nine, in subsection (2), in paragraph (c) of the proviso, for the words "the Post Office regulations" there shall be substituted the words "regulations made under section eighty-one of the Post Office Act, 1953", and in paragraph (d) of the proviso, for the words "by Post Office regulations" there shall be substituted the words "by virtue of subsection (5) of this section"; in subsection (5), for the words "Post Office regulations may be made" there shall be substituted the words "Regulations may be made under section eighty-one of the Post Office Act, 1953,"; and, in subsection (7), the definition of "Post Office Regulations" shall be repealed. Section sixteen.

The National Assistance Act, 1948 (11 & 12 Geo. 6. c. 29).
At the end of paragraph (e) of subsection (1) of section sixty-one there shall be added the words "other than the Postmaster General". Sections one and nineteen.

The Commonwealth Telegraphs Act, 1949 (12, 13 & 14 Geo. 6. c. 39).
Section three shall be repealed Section one.
In section six, in subsection (2), in paragraphs (c) and (d), the words "out of moneys provided by Parliament" (wherever occurring) shall be repealed. Section one.
In section seven, in subsection (1), the words "out of moneys provided by Parliament" shall be repealed. Section one.
In section nine, subsection (2) shall be repealed Section one.

The Wireless Telegraphy Act, 1949 (12, 13 & 14 Geo. 6. c. 54).
In section nine, in subsection (7), for the words "paid out of moneys provided by Parliament" there shall be substituted the words "paid by the Postmaster General". Section one.
In section seventeen, in subsection (1), the words from the beginning to "this Act, and" shall be repealed. Section one.
In the First Schedule, in paragraph 3, the words "with the consent of the Treasury" shall be repealed and for the words "paid out of moneys provided by Parliament" there shall be substituted the words "paid by the Postmaster General". Sections one and sixteen.

The Vehicles (Excise) Act, 1949 (12, 13 & 14 Geo. 6. c. 89).
In paragraph (c) of subsection (1) of section twenty-four, after the words "any government department" there shall be inserted the words "(other than the Postmaster General)". Sections one and nineteen.

The Telephone Act, 1951 (14 & 15 Geo. 6. c. 52).
In section one, in subsection (1), the words "with the consent of the Treasury" shall be repealed. Section sixteen.

The Post Office Act, 1953 (1 & 2 Eliz. 2. c. 36).
In section three, in subsection (1), the words "and to the concurrence of the Treasury" shall be repealed. Section sixteen.
In section five, in subsection (1), for the words "as the Treasury may by warrant provide", there shall be substituted the words "as may be prescribed", and, in subsection (2), for the words "A warrant under this section", there shall be substituted the word "Regulations", and the words "with or without the consent of the Treasury" and the words "Provided that the inland letter rate shall not be less than one penny" shall be repealed. Sections sixteen and eighteen.
In section six, in subsection (1), the words "Post Office", where first occurring, shall be repealed. Section sixteen.
In section seven, in subsection (1), in paragraph (i) of the proviso, for the words "as the Treasury may by warrant prescribe", there shall be substituted the words "as may be prescribed", and, in paragraph (ii) of the proviso, for the words "the Treasury may by warrant provide", there shall be substituted the words "regulations may provide" and the words "in the warrant" and "so" shall be repealed, and, in subsection (2), the words "Post Office" shall be repealed. Section sixteen.
In section eight, in subsection (1), the words "Post Office" shall be repealed, and, in subsection (3), the words "warrant or" and the words "Post Office" shall be repealed. Section sixteen.
In section nine, the words "warrant or" shall be repealed. Section sixteen.
In section ten, in subsection (1), for the words "as may be contained in Post Office regulations", there shall be substituted the words "as may be prescribed", and in subsection (4), for the words "purporting to be signed by the Postmaster General or on his behalf by an officer of the Post Office duly authorised by or under section eighty-three of this Act", there shall be substituted the words "signed by or on behalf of the Postmaster General". Sections sixteen and twenty-three.
In section eleven, in subsection (3), for the words "Post Office regulations may be made", there shall be substituted the words "Provision may be made by regulations", and in subsection (4), for the words "made thereunder", there shall be substituted the words "having effect by virtue thereof". Section sixteen.
In section twelve, in subsection (2), for the words "such fee not exceeding five shillings as may be prescribed by Post Office regulations" there shall be substituted the words "such fee as may be prescribed," and, in subsection (3), for the word "warrant" there shall be substituted the word "regulations". Sections sixteen and eighteen.
In section fourteen, the words "Post Office" shall be repealed. Section sixteen.
In section fifteen, for the words "the Treasury may by warrant make such regulations as may seem to them necessary for carrying the arrangement into effect, and may make provision as to the charges", there shall be substituted the words "provision may be made by regulations for such matters as may seem to the Postmaster General necessary to be provided for for carrying the arrangement into effect and as to the charges". Section sixteen.
In section sixteen, in subsection (3), for the words "purporting to be signed by the Postmaster General or on his behalf by an officer of the Post Office duly authorised by or under section eighty-three of this Act", there shall be substituted the words "signed by or on behalf of the Postmaster General". Section twenty-three.
In section nineteen, in subsection (3), for the words "purporting to be signed by the Postmaster General or on his behalf by an officer of the Post Office duly authorised by or under section eighty-three of this Act", there shall be substituted the words "signed by or on behalf of the Postmaster General". Section twenty-three.
In section twenty, in subsection (1), the words "So long as the Treasury think fit" and the words "Post Office", where first occurring, shall be repealed; in subsection (2), the words "Post Office" shall be repealed; in subsection (3), for the words "Subject to the said regulations", there shall be substituted the words "Subject to any regulations having effect by virtue of the last foregoing subsection", and the words "or the Consolidated Fund" shall be repealed; and in subsection (5), for the words "the said regulations", there shall be substituted the words "any regulations having effect by virtue of subsection (2) of this section". Sections one and sixteen.
In section twenty-one, for subsection (1), there shall be substituted the following subsection:—

"(1) The Postmaster General may authorise his officers or any of them to issue money orders in a special form to be determined by him from time to time, and those money orders (in this Act referred to as 'postal orders') shall be paid in the prescribed manner and subject to the prescribed conditions, and the amounts for which they may be issued and the poundage payable in respect thereof shall be such as may be prescribed:

Provided that after the expiration of the prescribed period after the date of the issue of a postal order the Postmaster General may refuse payment of the order except on payment of commission of such amount as may be prescribed";

and, in subsection (2), for the words "If the regulations so provide, the Postmaster General may authorise", there shall be substituted the words "Regulations may empower the Postmaster General to authorise".

Sections sixteen, eighteen and twenty-two.
In section twenty-four, for the words "any modifications prescribed by Post Office regulations", there shall be substituted the words "any prescribed modifications", and the words "Post Office", where thirdly occurring, and the words "by Post Office regulations", where last occurring, shall be repealed. Section sixteen.
In section forty-seven, in subsection (1), the words "with the consent of the Treasury" shall be repealed, and, in subsection (3), the words "with the consent of the Treasury" shall be repealed. Section sixteen.
In section forty-eight, in subsection (1), the words "with the consent of the Treasury" shall be repealed. Section sixteen.
In section forty-nine, subsection (1) shall be repealed. Section sixteen.
In section sixty-three, in subsection (1), the words "by Post Office regulations" shall be repealed. Section sixteen.
In section seventy-two, in subsection (2), for the words "purporting to be executed by him or on his behalf by an officer of the Post Office duly authorised by or under section eighty-three of this Act", there shall be substituted the words "signed by him or on his behalf". Section twenty-three.
In section seventy-seven, in subsection (4), the words "out of moneys provided by Parliament" shall be repealed. Section one.
In section seventy-eight, in subsection (2), for the words "purporting to be signed by the Postmaster General or on his behalf by an officer of the Post Office duly authorised by or under section eighty-three of this Act", there shall be substituted the words "signed by or on behalf of the Postmaster General". Section twenty-three.
Section eighty shall be repealed Section one.
For section eighty-one there shall be substituted the following section:—

"81. The Postmaster General may by statutory instrument (which shall be subject to annulment in pursuance of a resolution of either House of Parliament) make regulations for any purpose for which regulations may be made under this Act (except a purpose mentioned in subsection (2) of section sixteen of this Act) and for prescribing anything which may be prescribed under this Act."

Sections sixteen and twenty-three.
Section eighty-two shall be repealed Section sixteen.
Section eighty-three shall be repealed Section twenty-three.
In section eighty-seven, in subsection (1), in the definition of "parcel", the words "Post Office" shall be repealed, after the definition of "post office letter box", there shall be inserted the following definition:—

"'prescribed' means prescribed by regulations",

and after the definition of "regular mail train services" there shall be inserted the following definition:—

"'regulations' means regulations made under section eighty-one of this Act".

Section sixteen.
In the First Schedule, in paragraph 5, the words "with the consent of the Treasury" shall be repealed, for the words "stating the intention of the Treasury" there shall be substituted the words "stating his intention" and for the words "to forward to the Treasury" there shall be substituted the words "to forward to the Postmaster General"; in paragraph 6, for the words "the Treasury" there shall be substituted the words "the Postmaster General"; and, in paragraph 7, for the words "the Treasury are" there shall be substituted the words "the Postmaster General is", for the word "they" there shall be substituted the word "he", and for the words "the Postmaster General" there shall be substituted the word "him". Section sixteen.

The Telegraph Act, 1954 (2 & 3 Eliz. 2. c. 28).
In section one, in subsection (1), the words from "being, in the case" to "over twelve words" shall be repealed; in subsection (2) the words from "and that a special rate" to "1926" shall be repealed; subsections (3) and (4) shall be repealed; and, in subsection (6), the words from the beginning to "and", where secondly occurring, shall be repealed. Section eighteen.

The Television Act, 1954 (2 & 3 Eliz. 2. c. 55).
Section eighteen shall be repealed Section one.

The Post Office Savings Bank Act, 1954 (2 & 3 Eliz. 2. c. 62).
In section fifteen, for the words "and all the expenses incurred during each year ending on the thirty-first day of December" there shall be substituted the words "all payments made during each year ending on the thirty-first day of December to the Postmaster General in pursuance of subsection (6) of section nineteen of the Post Office Act, 1961, for work done in the execution of this Act, and all expenses incurred during each such year in the execution of this Act (otherwise than by the Postmaster General)". Section nineteen.
In section sixteen, in subsection (1), for the words "and all expenses incurred in the execution of this Act shall be paid out of money so deposited" there shall be substituted the words "and all payments made to the Postmaster General in pursuance of subsection (6) of section nineteen of the Post Office Act, 1961, for work done in the execution of this Act and all expenses incurred in the execution of this Act (otherwise than by the Postmaster General) shall be paid out of money so deposited"; in subsection (2) for the words "to pay the said expenses incurred in the execution of this Act" there shall be substituted the words "to make, under subsection (1) of this section, any payment for or in respect of work done or expenses incurred in the execution of this Act"; and, in subsection (3), for the words "the expenses mentioned in that section" there shall be substituted the words "the expenses incurred in the execution of this Act (otherwise than by the Postmaster General)". Section nineteen.
In section eighteen, in subsection (1), for the words "the expenses incurred in the execution of this Act", there shall be substituted the words "the payments made under subsection (1) of section sixteen of this Act for or in respect of work done or expenses incurred in the execution of this Act". Section nineteen.
In section nineteen, in subsection (1), for paragraph (b) there shall be substituted the following paragraphs:—

"(b) such sum as may be determined by the Treasury to be necessary to provide against depreciation in the value of the securities; and

(c) sums paid during the year under subsection (1) of section sixteen of this Act for or in respect of work done or expenses incurred in the execution of this Act",

and in subsection (2), for paragraphs (a) and (b), there shall be substituted the words "the aggregate of the sums mentioned in paragraphs (a) to (c) of the foregoing subsection".

Section nineteen.
In section twenty-two, in subsection (1), the words "the Postmaster General and", wherever occurring, and the word "respectively", where-ever occurring, shall be repealed; in subsection (2), after the words "expenses incurred" there shall be inserted the words "by the Commissioners"; and subsection (3) shall be repealed. Section nineteen.
In section twenty-three, for the words "incurred in the execution of this Act which are to be defrayed in accordance with section sixteen of this Act" there shall be substituted the words "incurred by the Commissioners in the execution of this Act". Section nineteen.

The Post Office Works Act, 1959 (7 & 8 Eliz. 2. c. 43).
Section six shall be repealed Section one.

Table of Statutes referred to in this Act

Short Title Session and Chapter
Bank of England Act, 1819 59 Geo. 3. c. 76.
Superannuation Act, 1859 22 Vict. c. 26.
Juries Act, 1862 25 & 26 Vict. c. 107.
Documentary Evidence Act, 1868 31 & 32 Vict. c. 37.
Telegraph Act, 1869 32 & 33 Vict. c. 73.
Pensions Commutation Act, 1871 34 & 35 Vict. c. 36.
Telegraph Act, 1885 48 & 49 Vict. c. 58.
Inland Revenue Regulation Act, 1890 53 & 54 Vict. c. 21.
Public Accounts and Charges Act, 1891 54 & 55 Vict. c. 24.
Stamp Duties Management Act, 1891 54 & 55 Vict. c. 38.
Stamp Act, 1891 54 & 55 Vict. c. 39.
Superannuation Act, 1892 55 & 56 Vict. c. 40.
Finance Act, 1911 1 & 2 Geo. 5. c. 48.
Government of Ireland Act, 1920 10 & 11 Geo. 5. c. 67.
Exchequer and Audit Departments Act, 1921 11 & 12 Geo. 5. c. 52.
Government Annuities Act, 1929 19 & 20 Geo. 5. c. 29.
Finance Act, 1933 23 & 24 Geo. 5. c. 19.
Superannuation Act, 1935 25 & 26 Geo. 5. c. 23.
Old Age Pensions Act, 1936 26 Geo. 5 & 1 Edw. 8. c. 31.
Ministers of the Crown Act, 1937 1 Edw. 8 & 1 Geo. 6. c. 38.
National Loans Act, 1939 2 & 3 Geo. 6. c. 117.
Finance Act, 1940 3 & 4 Geo. 6. c. 29.
Superannuation Act, 1946 9 & 10 Geo. 6. c. 60.
National Assistance Act, 1948 11 & 12 Geo. 6. c. 29.
Superannuation (Miscellaneous Provisions) Act, 1948 11 & 12 Geo. 6. c. 33.
Commonwealth Telegraphs Act, 1949 12, 13 & 14 Geo. 6. c. 39.
Superannuation Act, 1949 12, 13 & 14 Geo. 6. c. 44.
Wireless Telegraphy Act, 1949 12, 13 & 14 Geo. 6. c. 54.
Patents Act, 1949 12, 13 & 14 Geo. 6. c. 87.
Registered Designs Act, 1949 12, 13 & 14 Geo. 6. c. 88.
Vehicles (Excise) Act, 1949 12, 13 & 14 Geo. 6. c. 89.
Justices of the Peace Act, 1949 12, 13 & 14 Geo. 6. c. 101.
Workmen's Compensation (Supplementation) Act, 1951 14 & 15 Geo. 6. c. 22.
Telephone Act, 1951 14 & 15 Geo. 6. c. 52.
Post Office Act, 1953 1 & 2 Eliz. 2. c. 36.
Telegraph Act, 1954 2 & 3 Eliz. 2. c. 28.
Television Act, 1954 2 & 3 Eliz. 2. c. 55.
Post Office Savings Bank Act, 1954 2 & 3 Eliz. 2. c. 62.
Workmen's Compensation and Benefit (Supplementation) Act, 1956 4 & 5 Eliz. 2. c. 51.
National Debt Act, 1958 7 & 8 Eliz. 2. c. 6.
Dog Licences Act, 1959 7 & 8 Eliz. 2. c. 55.