(10) The Secretary of State must publish every modification or revocation of a
regulatory condition made under this section.
(11) The publication must be in such manner as the Secretary of State considers
appropriate.
(12) The provisions of Part 3 (including section 29) other than—
(a) sections 57 to 60 (appeals), and
(b) paragraph 3 of Schedule 6 (procedure for modifying or revoking
regulatory conditions),
apply in relation to the modification or revocation by the Secretary of State of
regulatory conditions as they apply in relation to the modification or
revocation by OFCOM of regulatory conditions.
(13) The power conferred by subsection (2) or (5) may not be exercised at any time
after the postal administration order has ceased to be in force.
(14) Any duty to consult under this section may be met by consultation before the
making of the postal administration order.
83 Regulatory conditions to secure funding of postal administration order
(1) The modifications that may be made under section 82 include, in particular,
modifications of any price control provision contained in a regulatory
condition for the purpose of raising such amounts as may be determined by the
Secretary of State.
(2) The modified condition may require the person on whom it is imposed to pay
those amounts to such persons as may be so determined for the purpose of—
(a) their applying those amounts in making good any shortfall in the
property available for meeting the expenses of the postal
administration, or
(b) enabling those persons to secure that those amounts are so applied.
(3) The modified condition may require the person on whom it is imposed to
apply amounts paid to it as result of this section in making good any shortfall
in the property available for meeting the expenses of the postal administration.
(4) For the purposes of this section “price control provision” means—
(a) provision as to the tariffs that are to be used as mentioned in section
36(4) (designated USP condition: tariffs), or
(b) provision as to prices that may be charged for the giving of access
under an access condition (within the meaning of Part 3).
(5) For the purposes of this section—
(a) there is a shortfall in the property available for meeting the costs of a
postal administration if the property available (apart from this section)
for meeting relevant debts is insufficient for meeting them, and
(b) amounts are applied in making good that shortfall if they are paid in or
towards discharging so much of a relevant debt as cannot be met out of
the property otherwise available for meeting relevant debts.
(6) In this section “relevant debt”, in relation to a case in which a company is or has
been subject to a postal administration order, means an obligation—
(a) to make payments in respect of the expenses or remuneration of any
person as the postal administrator of the company,Postal Services Act 2011 (c. 5)
Part 4 — Special administration regime
54
(b) to make a payment in discharge of a debt or other liability of the
company arising out of a contract entered into at a time when the order
was in force by the person who at that time was the postal
administrator of the company,
(c) to repay the whole or a part of a grant made to the company under
section 79,
(d) to repay a loan made to the company under section 79 or to pay interest
on such a loan,
(e) to make a payment under section 80(5), or
(f) to make a payment under section 81(5).
Supplementary provisions
84 Modification of Part 4 under Enterprise Act 2002
The power to modify or apply enactments conferred on the Secretary of State
by—
(a) sections 248 and 277 of the Enterprise Act 2002 (amendments
consequential on that Act), and
(b) section 254 of that Act (power to apply insolvency law to foreign
companies),
includes power to make such consequential modifications of this Part as the
Secretary of State considers appropriate in connection with any other provision
made under any of those sections.
85 Interpretation of Part 4
(1) In this Part—
“the 1986 Act” means the Insolvency Act 1986,
“business”, “member”, “property” and “security” have the same meaning
as in the 1986 Act,
“company” means—
(a) a company registered under the Companies Act 2006, or
(b) an unregistered company,
“the court”, in relation to a company, means the court having jurisdiction
to wind up the company,
“foreign company” means a company incorporated outside the United
Kingdom,
“objective of the postal administration” is to be read in accordance with
section 69,
“postal administration order” has the meaning given by section 68(1),
“postal administration rules” means rules made under section 411 of the
1986 Act as a result of section 73 above,
“postal administrator” has the meaning given by section 68(2) and is to be
read in accordance with subsection (3) below,
“Scottish firm” means a firm constituted under the law of Scotland,
“UK affairs, business and property”, in relation to a company, means—
(a) its affairs and business so far as carried on in the United
Kingdom, and
(b) its property in the United Kingdom, andPostal Services Act 2011 (c. 5)
Part 4 — Special administration regime
55
“unregistered company” means a company that is not registered under
the Companies Act 2006.
(2) Any expression which is used in this Part and in Part 3 has the same meaning
in this Part as in that Part.
(3) In this Part references to the postal administrator of a company—
(a) include a person appointed under paragraph 91 or 103 of Schedule B1
to the 1986 Act, as applied by Part 1 of Schedule 10 to this Act, to be the
postal administrator of the company, and
(b) if two or more persons are appointed as the postal administrator of the
company, are to be read in accordance with the provision made under
section 72(5).
(4) References in this Part to a person qualified to act as an insolvency practitioner
in relation to a company are to be read in accordance with Part 13 of the 1986
Act, but as if references in that Part to a company included a company
registered under the Companies Act 2006 in Northern Ireland.
(5) For the purposes of this Part an application made to the court is outstanding if
it—
(a) has not yet been granted or dismissed, and
(b) has not been withdrawn.
(6) An application is not to be taken as having been dismissed if an appeal against
the dismissal of the application, or a subsequent appeal, is pending.
(7) An appeal is to be treated as pending for this purpose if—
(a) an appeal has been brought and has not been determined or
withdrawn,
(b) an application for permission to appeal has been made but has not been
determined or withdrawn, or
(c) no appeal has been brought and the period for bringing one is still
running.
(8) References in this Part to Schedule B1 to the 1986 Act, or to a provision of that
Schedule (except the references in subsection (2) above), are to that Schedule or
that provision without the modifications made by Part 1 of Schedule 10 to this
Act.
86 Partnerships
(1) The Lord Chancellor may, by order made with the concurrence of the Secretary
of State and the Lord Chief Justice, apply (with or without modifications) any
provision of this Part in relation to partnerships.
(2) An order under subsection (1) is subject to negative resolution procedure.
(3) Subsection (1) does not apply in relation to Scottish firms.
(4) The Lord Chief Justice may nominate a judicial office holder (as defined in
section 109(4) of the Constitutional Reform Act 2005) to exercise the function of
the Lord Chief Justice under subsection (1).
(5) The Secretary of State may by order apply (with or without modifications) any
provision of this Part in relation to Scottish firms.
(6) An order under subsection (5) is subject to negative resolution procedure.