87 Northern Ireland
(1) This section makes provision about the application of this Part to Northern
Ireland.
(2) Any reference to any provision of the 1986 Act is to have effect as a reference
to the corresponding provision of the Insolvency (Northern Ireland) Order
1989.
(3) Section 85(4) is to have effect as if the reference to Northern Ireland were to
England and Wales or Scotland.
(4) Section 86 is to have effect as if—
(a) in subsection (1)—
(i) the reference to the Secretary of State were to the Department of
Enterprise, Trade and Investment, and
(ii) the reference to the Lord Chief Justice were to the Lord Chief
Justice of Northern Ireland, and
(b) for subsection (4) there were substituted—
“(4) The Lord Chief Justice of Northern Ireland may nominate—
(a) the holder of one of the offices listed in Schedule 1 to the
Justice (Northern Ireland) Act 2002, or
(b) a Lord Justice of Appeal (as defined in section 88 of that
Act),
to exercise the function of the Lord Chief Justice of Northern
Ireland under subsection (1).”
88 Review of Part 4
(1) As soon as reasonably practicable after the end of the review period, the
Secretary of State must—
(a) carry out a review of the provisions of this Part, and
(b) set out the conclusions of the review in a report.
(2) The report must, in particular—
(a) set out the objectives intended to be achieved by the regulatory system
established by those provisions,
(b) assess the extent to which those objectives have been achieved, and
(c) assess whether those objectives remain appropriate and, if so, the
extent to which they could be achieved with a system that imposed less
regulation.
(3) The review period is the period of 5 years beginning with the day on which the
provisions of this Part come generally into force.
(4) The Secretary of State must lay the report before Parliament.Postal Services Act 2011 (c. 5)
Part 5 — General
57
PART 5
GENERAL
89 Orders and regulations made by Ministers of Crown
(1) This section applies to orders and regulations under this Act made by the
Secretary of State, the Treasury or the Lord Chancellor.
(2) Any order or regulations may—
(a) contain incidental, supplementary, consequential, transitional,
transitory or saving provision, and
(b) make different provision for different cases or circumstances or for
different areas.
(3) Any order or regulations are to be made by statutory instrument.
(4) Where any order or regulations are subject to “affirmative resolution
procedure” the order or regulations may not be made unless a draft of the
statutory instrument containing the order or regulations has been laid before,
and approved by a resolution of, each House of Parliament.
(5) Where any order is subject to “approval after being made”, the order—
(a) must be laid before Parliament after being made, and
(b) ceases to have effect at the end of the period of 28 days beginning with
the day on which it was made unless, during that period, it is approved
by a resolution of each House of Parliament.
(6) In reckoning the period of 28 days no account is to be taken of any time—
(a) during which Parliament is dissolved or adjourned, or
(b) during which both Houses are adjourned for more than 4 days.
(7) The order ceasing to have effect does not affect—
(a) anything previously done under it, or
(b) the making of a new order.
(8) Where any order or regulations are subject to “negative resolution procedure”
the statutory instrument containing the order or regulations is subject to
annulment in pursuance of a resolution of either House of Parliament.
(9) Any provision that may be made by any order or regulations subject to
negative resolution procedure may be included in an order or regulations
subject to affirmative resolution procedure (in which case negative resolution
procedure does not apply to the order or regulations).
90 Minor definitions
In this Act—
“enactment” includes—
(a) an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978,
(b) an enactment contained in, or in an instrument made under, an
Act of the Scottish Parliament,
(c) an enactment contained in, or in an instrument made under,
Northern Ireland legislation, andPostal Services Act 2011 (c. 5)
Part 5 — General
58
(d) an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales, and
“OFCOM” means the Office of Communications.
91 Minor and consequential amendments
(1) Schedule 12 contains minor and consequential amendments (including
repeals).
(2) In that Schedule—
Part 1 makes provision in relation to the Postal Services Act 2000,
Part 2 makes provision in relation to the Communications Act 2003, and
Part 3 makes provision in relation to other enactments.
(3) The Secretary of State or the Treasury may by order make such other provision
amending, repealing, revoking or otherwise modifying any enactment as they
consider necessary or expedient in consequence of any provision made by this
Act.
(4) An order under subsection (3) is subject to negative resolution procedure.
92 Financial provisions
There is to be paid out of money provided by Parliament—
(a) any expenditure incurred by a Minister of the Crown or the Postal
Services Commission by virtue of this Act, and
(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.
93 Short title, commencement and extent
(1) This Act may be cited as the Postal Services Act 2011.
(2) The following provisions of this Act come into force on the day on which this
Act is passed—
(a) section 43 and Schedule 4 (recovery of administrative charges incurred
by OFCOM),
(b) section 66 and Schedule 9 (transitional provisions for Part 3) and the
provisions mentioned in that Schedule (to the extent provided),
(c) sections 89 and 90,
(d) section 91(3) and (4),
(e) section 92,
(f) this section, and
(g) any other provisions of this Act so far as necessary for the purposes of
any of the provisions mentioned above.
(3) The remaining provisions of this Act come into force on such day as the
Secretary of State may by order appoint (and different days may be appointed
for different purposes).
(4) The Secretary of State may by order make such transitional provision and
savings as the Secretary of State considers necessary or expedient in connection
with the commencement of any provision made by this Act.