The Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018

Statutory Instruments

2018 No. 1417

Exiting The European Union

Postal Services

The Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018

Made

20th December 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018(1).

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 Introduction

Citation and commencement

1.  These Regulations may be cited as the Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018 and come into force on exit day.

PART 2 Amendments to primary legislation

Amendments to the Postal Services Act 2000

2.—(1) The Postal Services Act 2000(2) is amended as follows.

(2) Omit the following—

(a) section 83(2)(b) (and the word “or” preceding it) (interfering with the mail: postal operators); and

(b) section 102 (power to ensure compliance with the Postal Services Directive).

(3) In section 125(1) (interpretation), omit the definition of “the Postal Services Directive”.

Amendments to the Postal Services Act 2011

3.—(1) The Postal Services Act 2011(3) is amended as follows.

(2) In section 20(4) (protection against adverse treatment) before “EU obligation” insert “retained”.

(3) In section 56(2)(g) (general restriction on disclosure of information) for “an EU obligation” substitute “a retained EU obligation”.

(4) Omit the following provisions (which impose duties to notify the European Commission)—

(a) section 30(6);

(b) section 35(11);

(c) section 37(4);

(d) section 82(4); and

(e) paragraph 5(2) of Schedule 6.

PART 3 Amendment to secondary legislation

Revocation of the Postal Services Regulations 1999

4.  The Postal Services Regulations 1999(4) are revoked.

PART 4 Amendments to EU Regulations and Decisions

Revocation of Commission Decision of 10 August 2010 establishing the European Regulators Group for Postal Services

5.  Commission Decision of 10 August 2010 establishing the European Regulators Group for Postal Services(5) is revoked.

Revocation of Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services

6.  Regulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services(6) is revoked.

Kelly Tolhurst

Minister for Small Business, Consumers and Corporate Responsibility

Department for Business, Energy and Industrial Strategy

20th December 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of postal and parcel services. Part 2 makes amendments to the Postal Services Acts 2000 and 2011. Part 3 revokes the Postal Services Regulations 1999. Part 4 revokes EU Regulations and Decisions.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

(1)

2018 c.16.

(2)

2000 c. 26. Relevant amending instruments are the Postal Services Act 2011 (c.5), S.I. 2011/1043 and S.I. 2014/631.

(3)

2011 c. 5. Section 20(4) was amended by S.I. 2014/500, art. 5(3)(b).

(4)

S.I. 1999/2107.

(5)

OJ No C 217 11.8.2010, p 7-9 as it applies in the European Union.

(6)

OJ No L 112 2.5.2018, p 19-28 as it applies in the European Union.