Post Office Limited

POST OFFICE LIMITED SCHEME P1/2013

(These notes are not part of the Scheme)

(1 )   This Scheme will come into operation on 29 July 2013, when it will replace the Royal Mail Holdings Plc (Postal Order) Scheme 2006 and the Consignia Holdings Plc (Postal Order) Scheme 2001.

(2 )   This Scheme makes provision for:

(a)  the issue, payment and treatment of Postal Orders by Post Office Limited in the United Kingdom;

(b)  the issue and payment of Postal Orders with the authority of Post Office Limited and on its behalf by Overseas Postal Authorities; and

(c)  the issue and payment of Postal Orders under the authority of Post Office Limited outside the United Kingdom in a Royal Navy ship or at a British Forces Postal Office.

POST OFFICE LIMITED (POSTAL ORDER) SCHEME 2013

Made. . . . . . . . . .24 July 2013

Coming into Operation. . . . . . . . . .29 July 2013

Post Office Limited, which is the company designated by the Secretary of State as a Post Office company1 in accordance with section 6 of the Postal Services Act 20112, by virtue of the powers conferred upon it by section 112 of the Postal Services Act 20003 and all other powers enabling it in this behalf, hereby makes the following Scheme:

1  Commencement and citation

This Scheme shall come into operation on 29 July 2013 and may be cited as the Post Office Limited (Postal Order) Scheme 2013.

2  Interpretation

2.1   In this Scheme:

2.1.1   “ the Act ” means the Postal Services Act 2000;

2.1.2   “ Consignia Scheme ” means the Consignia Holdings Plc (Postal Order) Scheme 2001 which came into operation on 26 March 2001;

2.1.3   “ encashment ” means the payment by a Post Office Representative of the issue value of a Postal Order to a Payee (or person purporting to be the Payee), an agent authorised to accept payment on the Payee’s behalf (or person purporting to be such person), or a banker. To “ encash ” will be construed accordingly.

2.1.4   “ Overseas Postal Authority ” means a non UK postal authority which organises collection and delivery of post within its area of control;

2.1.5   “ Payee ” means the person entitled to receive the amount of a Postal Order;

2.1.6   “ Post Office Representative ” means a person engaged in the business of:

(i)  Post Office Limited; or

(ii)  any company appointed by Post Office Limited as its agent;

2.1.7   “ Postal Order ” means a postal order issued as a postal order by Post Office Limited or by an Overseas Postal Authority in pursuance of such an arrangement as mentioned in section 114(2) of the Act;

2.1.8   “ Royal Mail Scheme ” means the Royal Mail Holdings Plc (Postal Order) Scheme 2006 which came into operation on 10 April 2006; and

2.1.9   “ subsidiary ” has the meaning ascribed to it by section 1159 of the Companies Act 20064.

3  The Royal Mail Scheme and the Consignia Scheme

3.1   Subject to the provisions of paragraph 3.2 below, the Royal Mail Scheme and the Consignia Scheme are hereby revoked.

3.2   If and to the extent that a postal order was issued under the Royal Mail Scheme or the Consignia Scheme prior to the date of commencement of this Scheme, the provisions of the Royal Mail Scheme or the Consignia Scheme (as applicable) (and not, for the avoidance of doubt, this Scheme) shall apply in relation to that postal order.

4  Issue and amounts of Postal Order

4.1   The minimum permitted issue value of a Postal Order is one pence sterling (£0.01) and the maximum permitted issue value of a Postal Order is two hundred and fifty pounds sterling (£250).

4.2   Post Office Limited will determine the minimum permitted issue value of Postal Orders available for purchase from Post Office Representatives from time to time.

4.3   The issue value of a Postal Order is the figure security printed or handwritten on the face of the Postal Order.

5  Circumstances in which payment may be refused

5.1   A Post Office Representative may refuse payment and impound a Postal Order when that order is presented for payment, and may refuse to make payment thereon if:

5.1.1   the Postal Order is:

(i)  cut, defaced or mutilated; or

(ii)  contains an erasure or alteration;

5.1.2   the Post Office Representative is unable to validate the validity of the Postal Order against Post Office Limited’s record of issued Postal Orders;

5.1.3   the Post Office Representative is not satisfied that the person presenting the Postal Order for payment is the Payee or an agent authorised to accept payment on the Payee’s behalf;

5.1.4   the Post Office Representative has reasonable grounds to believe that the personal identity document provided by the person presenting the Postal Order for payment is not genuine and correct;

5.1.5   the Post Office Representative has reasonable grounds to suspect that the Postal Order has not been properly issued, is fraudulent or stolen; and/or

5.1.6   the Postal Order is presented for payment after the expiration of a period of six calendar months, starting on the date it was issued (in these circumstances paragraph 12 below shall apply).

6  Fee on issue of a Postal Order

The fee payable for a Postal Order shall be such fee as Post Office Limited may from time to time determine.

7  Prepayment

The purchaser must pay the amount for which a Postal Order is to be issued, together with the fee for issuing the Postal Order, in full before the Postal Order is issued.

8  Name of Payee

8.1   The blank space in a Postal Order for the name of the Payee may be filled in before or after issue.

8.2   Where the Payee’s name is not inserted before the Postal Order is issued, the purchaser must insert the Payee’s name in the marked space on the face of the Postal Order (whether or not the Postal Order is crossed with a view to payment through a banker).

8.3   Notwithstanding paragraph 8.2 above, where a Postal Order is presented for payment without a Payee name stated on the face of the Postal Order, the Postal Order may be paid to the person or banker presenting it for payment.

8.4   No alteration shall be made to the name of the Payee appearing on a Postal Order, except by the direction of Post Office Limited.

9  Crossing of Postal Orders

9.1   A Postal Order may be crossed generally by the addition on its face of two parallel transverse lines.

9.2   A Postal Order may be crossed specially by the addition on its face of the name of a banker, in which case the Postal Order may only be presented for payment to Post Office Limited by that banker.

9.3   A Postal Order which is crossed generally may be crossed specially.

9.4   A banker to whom a Postal Order is crossed may cross it specially to another banker as his agent for collection.

9.5   Where a Postal Order is crossed generally, it shall not be paid except to:

9.5.1   a banker; or

9.5.2   Post Office Limited where the Postal Order is presented at a Post Office branch by the Payee in settlement, whether in full or in part, of a bill capable being paid through Post Office Limited.

9.6   Where a Postal Order is crossed specially, it shall not be paid except to the banker to whom it is crossed, or to his agent for collection.

9.7   Where a Postal Order is crossed specially to more than one banker, except when crossed to an agent for the purpose of collection, Post Office Limited may refuse payment of the Postal Order.

10  Payment of Postal Orders otherwise than to bankers

10.1   Paragraphs 10.2 to 10.6 below apply in relation to the payment of a Postal Order presented for payment otherwise than by a banker to whom it has been delivered for collection.

10.2   Where a Payee’s name appears on the face of the Postal Order in the correct space, the Postal Order shall not be paid unless the Payee (or a person purporting to be the Payee) or a person acting on behalf of the Payee (or a person purporting to act on behalf of the Payee) signs the Postal Order.

10.3   Where no Payee’s name has been inserted on the face of a Postal Order, the paying Post Office Representative may require the person presenting the order to sign the Postal Order before payment is made.

10.4   A Post Office Representative to whom a Postal Order is presented for payment may, before making payment, make reasonable enquiries to confirm that the person presenting the Postal Order is either the Payee or an agent authorised to accept payment on the Payee’s behalf.

10.5   A Post Office Representative may refuse payment of a Postal Order if:

10.5.1   unsatisfied that the person presenting the Postal Order for payment is the Payee or an agent authorised to accept payment on the Payee’s behalf;

10.5.2   the Postal Order is presented for payment more than six months after the issue date; and/or

10.5.3   the Postal Order is not signed in the Post Office Representative’s presence.

10.6   The paying Post Office Representative may refuse or delay the payment of a Postal Order when it appears to him reasonable to do so in cases other than those mentioned in this Scheme.

11  Payment of Postal Orders to bankers

11.1   All Postal Orders must be presented for payment by a banker who is a member of the Cheque and Credit Clearing Company Limited (“CCCL”) and shall be cleared in accordance with the rules, procedures and standards of CCCL.

11.2   Where a banker is not a member of the CCCL, the Postal Order must be presented for payment by the CCCL agent for that banker and shall be cleared by the banker’s CCCL agent in accordance with the rules, procedures and standards of CCCL.

11.3   A crossed Postal Order presented for payment by a banker to an Overseas Postal Authority may be paid at any office of that Overseas Postal Authority that is permitted to encash Postal Orders.

11.4   Where Post Office Limited has paid a banker the value of a Postal Order when it should not have done so including, but without limitation to, Postal Orders which:

11.4.1   have been presented for payment by the banker after a period of six calendar months, starting on the date of issue of the Postal Order, has expired;

11.4.2   have not been validly issued by Post Office Limited;

11.4.3   have been cut, defaced or mutilated; and/or

11.4.4   contain an erasure or alteration,

the amount shall be repayable to Post Office Limited on demand by the banker, or where relevant, the banker’s CCCL agent, in accordance with the rules, procedures and standards of CCCL.

12  Payment of Postal Orders after expiration of six months after the date of issue

12.1   If a Postal Order is presented for payment after the expiration of a period of six calendar months, starting on the date it was issued, but within nine calendar months of the date of issue, it shall not be encashed unless the Postal Order is sent to Post Office Limited and then only when Post Office Limited is satisfied, at its own discretion, that the Postal Order was validly issued and ought to be paid.

12.2   Where a Postal Order is presented for payment after the expiration of a period of nine months after the date it was issued, it shall not be encashed unless the Postal Order is sent to Post Office Limited with the required investigation fee as determined by Post Office Limited from time to time and Post Office Limited has conducted an investigation and is satisfied, at its own discretion, that the Postal Order was validly issued and ought to be paid.

13  Remission of fees

Post Office Limited may remit in whole or in part any fee payable under this Scheme in such cases or classes of case as it may determine.

14  Application of Scheme to Overseas Postal Authorities and other special cases

14.1   Except as provided by this paragraph, this Scheme shall apply only to the issue, payment and treatment of Postal Orders within the United Kingdom.

14.2   The provisions of this Scheme relating to the issue and payment of Postal Orders shall apply to the issue and payment of Postal Orders under the authority of Post Office Limited:

14.2.1   outside the United Kingdom in a ship of the Royal Navy (whether on the high seas or in any port or place) or at a British Forces’ Post Office; and

14.2.2   by an Overseas Postal Authority authorised by the Post Office Limited to encash and/or issue Postal Orders on its behalf

as they apply to the issue and encashment of Postal Orders by a Post Office Representative.

Signed by Susan Crichton, a duly authorised signatory for and on behalf of Post Office Limited.

1  The Post Office Limited (Designation) Order 2001 No. 3001, which came into force on 15 December 2011, designated Post Office Limited (registered No 02154540) for this purpose.

2  2011 c.5.

3  2000 c.26 as amended by Schedule 12, paragraphs 38(8) and 39 of the Postal Services Act 2011 c.5.

4  2006 c.46.