Part VIF1Postal services: supplementary
Schemes and limitation of liability
I190 Exclusion of liability.
F10A1
This section applies in relation to—
a
the provision by a universal service provider of a universal postal service, and
b
the provision by a postal operator of a service in relation to which a scheme under section 89 (made by the operator) applies.
A2
In this section—
a
“the operator” means the universal service provider or the postal operator concerned, and
b
“the service” means the service mentioned in subsection (A1)(a) or (b) (as the case may be).
1
No proceedings in tort shall lie or, in Scotland, be competent against F2the operator in respect of loss or damage suffered by any person in connection with the provision of F3the service because of—
a
anything done or omitted to be done in relation to any postal packet in the course of transmission by post, or
b
any omission to carry out arrangements for the collection of anything to be conveyed by post.
2
No officer, servant, employee, agent or sub-contractor of F4the operator shall be subject, except at the suit or instance of F5the operator, to any civil liability for—
a
any loss or damage in the case of which liability of F5the operator is excluded by subsection (1), or
b
any loss of, or damage to, F6a postal packet to which section 91 applies.
3
No person engaged in or about the conveyance of postal packets and no officer, servant, employee, agent or sub-contractor of any such person shall be subject, except at the suit or instance of F7the operator, to any civil liability for—
a
any loss or damage in the case of which liability of F8the operator is excluded by subsection (1), or
b
any loss of, or damage to, F9a postal packet to which section 91 applies.
4
In the application of subsection (1) to Scotland, the reference to proceedings in tort shall be construed in the same way as in section 43(b) of the M1Crown Proceedings Act 1947.
5
This section is subject to section 91.
Pt. VI heading substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 22; S.I. 2011/2329, art. 3