The Postal Services Act 2011 (Disclosure of Information) Order 2012 No. 1128

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Statutory Instruments

2012 No. 1128

Postal Services

The Postal Services Act 2011 (Disclosure of Information) Order 2012

Made

19th April 2012

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by section 56(2) and (3) of the Postal Services Act 2011(1).

In accordance with sections 56(4) and 89(4) of that Act a draft of this Order was laid before and approved by a resolution of each House of Parliament.

Citation and Commencement

1.-(1) This Order may be cited as the Postal Services Act 2011 (Disclosure of Information) Order 2012.

(2) This Order comes into force on the day following the day on which it is made.

Interpretation

2. In this Order, "the Act" means the Postal Services Act 2011.

Prescription of bodies and persons

3. Each of the following is a prescribed body or other person for the purposes of section 56(2)(d) of the Act-

Prescription of enactments

4. Each of the following is a prescribed enactment for the purposes of section 56(2)(d) or (f) of the Act-

Prescription of other circumstances and purposes

5. Each of the following is a prescribed circumstance or purpose for the purposes of section 56(2)(h) of the Act-

(a)the carrying out by the Comptroller and Auditor General, or the Comptroller and Auditor General for Northern Ireland, of any of their functions under any enactment;

(b)complying with any international obligation of the United Kingdom;

(c)the conduct of negotiations by the Secretary of State with representatives of the government of a country outside the United Kingdom;

(d)the provision of information, by or with the consent of the Secretary of State, to any international organisation of which the United Kingdom is a member.

Mark Prisk

Minister of State for Business and Enterprise

Department for Business, Innovation and Skills

19th April 2012

EXPLANATORY NOTE

(This note is not part of the Order)

Section 56 of the Postal Services Act 2011 (c.5) ("the Act") imposes a general prohibition on the disclosure of information that relates to an individual or particular business and is obtained by virtue of Part 3 (Regulation of Postal Services) of the Act ("information"), except as permitted by the section.

Subsection (2) provides certain exemptions to the general prohibition. Subsections (2)(a), (b) and (c) have the effect of permitting disclosure of information with the consent of those concerned and to facilitate the carrying out of functions of OFCOM, the Secretary of State, the Treasury or the Competition Commission under the Act. Subsections (2)(d), (f) and (h) give the Secretary of State the power to prescribe, by Order, further persons, enactments, circumstances or purposes so as to permit disclosure of information under those subsections.

This Order provides that the Secretary of State prescribes bodies and other persons, enactments, circumstances or purposes for the purposes of disclosure of information permitted under section 56 of the Act.

Taken together with the exemptions to the general prohibition on disclosure provided in section 56(2), the provisions of this Order have the effect of creating a disclosure regime comparable to the (now repealed) permitted disclosure regime in Schedule 7 to the Postal Services Act 2000 (c.26).

Article 1 provides that the Order shall come into force on the day following that on which it is made.

Article 3 prescribes certain bodies and other persons ("prescribed persons"), with the effect that disclosure of information is permitted under section 56(2)(d) of the 2011 Act, for the purposes of facilitating their carrying out of any functions under enactments prescribed by article 4.

Article 4 prescribes enactments so as to permit, under section 56(2)(d), disclosure of information by prescribed persons to facilitate the carrying out of their functions under those enactments. Disclosure of information for the purposes of civil proceedings brought under those enactments is also permitted, under subsection (2)(f) of the Act.

Article 5 prescribes certain other circumstances and purposes, with the effect that disclosure of information in and for those circumstances and purposes is permitted under section 56(2)(h) of the Act.

(3)

1965 c.12. The Act will be re-named the Co-operative and Community Benefit Societies and Credit Unions Act 1965 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c.7).

(4)

1967 c.48. The Act will be re-named the Co-operative and Community Benefit Societies and Credit Unions Act 1967 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010.

(6)

1968 c.55. The Act will be re-named the Co-operative and Community Benefit Societies and Credit Unions Act 1968 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010.

(10)

1974 c.46.

(11)

1975 c.41. The Act will be re-named the Co-operative and Community Benefit Societies Act 1975 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010.

(12)

1978 c.34. The Act will be re-named the Co-operative and Community Benefit Societies Act 1978 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010.

(13)

1979 c.34.

(14)

1979 c.38.

(15)

1980 c.21.

(16)

1980 c.46.

(17)

1984 c.12.

(18)

1985 c.6.

(19)

1986 c.31.

(20)

1986 c.44.

(21)

1986 c.45.

(22)

1986 c.46.

(23)

1986 c.53.

(24)

1987 c.43.

(25)

1989 c.15.

(26)

1989 c.29.

(27)

1990 c.40.

(28)

1990 c.41.

(29)

1990 c.42.

(30)

1991 c.29.

(31)

1991 c.56.

(32)

1991 c.57.

(33)

1992 c.40.

(34)

1993 c.43.

(35)

1994 c.21.

(36)

1996 c.18.

(37)

1998 c.41.

(38)

2000 c.8.

(39)

2000 c.23.

(40)

2000 c.26.

(41)

2000 c.27.

(42)

2000 c.38.

(43)

2000 c.39.

(45)

2002 c.20. The Act will be renamed the Co-operative and Community Benefit Societies and Credit Unions Act 2002 upon commencement of section 2 of the Co-operative and Community Benefit Societies and Credit Unions Act 2010 (c.7).

(46)

2002 c.40.

(47)

2003 c.21.

(48)

2003 c.37.

(49)

2006 c.14.

(50)

2006 c.46.

(51)

2007 c.17.

(52)

2007 c.29.

(53)

2008 c.28.

(66)

S.I. 2004/1077.

(67)

S.I. 2004/2095.


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