Consignia plc Scheme OL7/2002

[This note is not part of the Scheme]

Note: The Scheme which follows this note has been made under section 89 of the Postal Services Act 2000 and amends the Successor Postal Services Company Overseas Letter Post Scheme 2001. The Scheme, which comes into operation on 31st October 2002 introduces the Airsure service, the International Signed For service and revises the Swiftair service. In addition, the Scheme abolishes the outgoing insured letter facility, the outgoing registered packet facility, the Swiftair plus Registered facility and the Swiftair plus Recorded facility. The Scheme also includes editorial changes regarding the price schedules for the Airmail Small Packets and Printed Papers services.

CONSIGNIA PLC OVERSEAS LETTER POST (AMENDMENT No. 5) SCHEME 2002

Made21st October 2002

Coming into operation 31st October 2002

Consignia plc(a) by virtue of the powers conferred upon it by section 89 of the Postal Services Act 2000 and all other powers enabling it in this behalf, hereby makes the following Scheme:

Commencement, citation and interpretation

1.	(1)	This Scheme shall come into operation on 31st October 2002 and may be cited as the Consignia plc Company Overseas Letter Post Amendment (No.5) Scheme 2002.
(2)	This Scheme shall be read as one with the Successor Postal Services Company Overseas Letter Post Scheme 2001(b) (hereinafter called “the Scheme”), as amended by the Consignia plc Overseas Letter Post Amendment (No.1) Scheme 2001(c), the Consignia plc Overseas Letter Post Amendment (No.2) Scheme 2001(d) and the Consignia plc Overseas Letter Post Amendment (No.3) Scheme 2001(e) and the Consignia plc Overseas Letter Post Amendment (No.4) Scheme 2002 (f).
2.	A reference in the Scheme to the Successor Postal Services Company shall be read as a reference to Consignia plc.
Interpretation
3.	In sub-paragraph (1) of paragraph 3 of the Scheme, the following definition shall be added following the definition of “Airpack”
““ Airsure packet ” means a prepaid outgoing postal packet bearing a special label provided by the Post Office to indicate the desire of the sender that the packet should receive accelerated treatment within the United Kingdom and the destination country and that the delivery of the packet shall be electronically recorded in the destination country”.
4.	In sub-paragraph (1) of paragraph 3 of the Scheme, the following definition shall be added following the definition of ‘Airsure packet’:
““Airsure pack” means a prepaid outgoing postal packet consisting of a specially designated envelope provided by the Post Office, use of which indicates the desire of the sender that the packet should receive accelerated treatment within the United Kingdom and the destination country and that the delivery of the packet shall be electronically recorded in the destination country.”
5.	In sub-paragraph (1) of paragraph 3 of the Scheme, in the definition of “insured letter” the word “incoming” shall be inserted following the word “any” and the phrase “and which facility is advertised under the trading name of “International Registered” shall be deleted;
6.	In sub-paragraph (1) of paragraph 3 of the Scheme, the following definition shall be added following the definition of “International Response Services”
““ International Signed For packet” means a prepaid outgoing postal packet bearing a special label to indicate the desire of the sender that the packet shall be signed for by the recipient on delivery in the destination country.”
7.	In sub-paragraph (1) of paragraph 3 of the Scheme, in the definition of ”Registered packet” the word “incoming” shall be inserted following the word “any” and the phrase “and which facility is advertised under the trading name of International Recorded” shall be deleted;
8.	In sub-paragraph (1) of paragraph 3 of the Scheme, in the definition of “Swiftair packet” the following phrase shall be inserted following the words ‘destination country;’
“and that the packet shall be signed for by the recipient on delivery in the destination country;”
9.	In sub-paragraph (1) of paragraph 3 of the Scheme, the heading “Swiftpack” shall be deleted and substituted by”‘Swiftair pack’ and the following phrase shall be inserted following the words ‘destination country;’
“and that the packet shall be signed for by the recipient on delivery in the destination country;”
10.	In sub-paragraph (1) of paragraph 3 of the Scheme, the definition “Swiftair plus Registered” shall be deleted’.
11.	In sub-paragraph (1) of paragraph 3 of the Scheme, the definition “Swiftair plus Recorded” shall be deleted’
Prohibitions
12.	In sub-paragraph (4) of paragraph 11 of the Scheme, the phrase “(other than an insured letter or, where the law or regulations of the country or place of destination allow, an outgoing uninsured registered letter)” shall be deleted and the following substituted:
“(other than an Airsure letter or small packet, an Airsure pack, an International Signed For letter or small packet, a Swiftair letter or small packet or a Swiftair pack)”
Unpaid or underpaid postage
13.	In sub-paragraph (1) of paragraph 17 of the Scheme, the words “an insured letter or other registered postal packet ” shall be deleted and the following substituted:
“ an Airsure packet, an Airsure pack, an International Signed For packet, a Swiftair packet or Swiftair pack”
Late posted packets
14.	– (1) In sub-paragraph (1) of paragraph 29 of the Scheme, the phrase–“(in the case of a registered postal packet)” shall be deleted and the following substituted:
“(in the case of an Airsure packet, an Airsure pack, an International Signed For packet, a Swiftair packet or Swiftair pack)”
(2) In sub-paragraph (2) of paragraph 29 of the Scheme, the words “a registered packet” shall be deleted and the following substituted:
“an Airsure packet, an Airsure pack, an International Signed For packet, a Swiftair packet or Swiftair pack”

Accelerated treatment – Swiftair packets, Swiftair plus Registered packets, Swiftair plus Recorded packets and Swiftpacks

15.	Paragraph 30 of the Scheme shall be deleted and the following substituted:

“Airsure packets, Airsure packs, Swiftair packets and Swiftair packs, International Signed For packets – fees and compensation levels

30.	–(1)	Upon every Airsure packet, there shall be charged and paid the fees specified in Part 1 of Schedule 7 to obtain compensation up to the levels set out in that Part of the Schedule, in addition to postage and any other fees charged and payable thereon.
(2)	Upon every Airsure pack, there shall be charged and paid the fees specified in Part 2 of Schedule 7 to obtain compensation up to the levels set out in that Part of the Schedule, in addition to postage and any other fees charged and payable thereon.
(3)	Upon every Swiftair packet, there shall be charged and paid the fees specified in Part 3 of Schedule 7 to obtain compensation up to the levels set out in that Part of the Schedule, in addition to postage and any other fees charged and payable thereon.
(4)	Upon every Swiftair pack, there shall be charged and paid the fees specified in Part 4 of Schedule 7 to obtain compensation up to the levels set out in that Part of the Schedule, in addition to postage and any other fees charged and payable thereon.
(5)	Upon every International Signed For packet, there shall be charged and paid the fees specified in Part 5 of Schedule 7 to obtain compensation up to the levels set out in that Part of the Schedule, in addition to postage and any other fees charged and payable thereon.
Registration
16.	(1)	Sub-paragraphs 1 and 2 of paragraph 32 of the Scheme shall be deleted.
(2)	The indicator ‘(3)’ in sub-paragraph (3) shall be deleted.

Sending Airsure packets, Airsure packs, Swiftair packets, Swiftair packs and International Signed For packs

17.	The following new paragraph shall be inserted in the Scheme:

“Sending Airsure packets, Airsure packs, Swiftair packets, Swiftair packs and International Signed For packets

32A.	– (1)	Subject to the provisions of this Scheme, any outgoing postal packet other than a packet for transmission through a British Forces Post Office may be sent as an Airsure packet, an Airsure pack, a Swiftair packet, a Swiftair pack or an International Signed For pack, depending on the service availability for such packets to particular destinations which the Post Office may from time to time determine.
(2)	The following rules apply when sending the packets and packs mentioned in sub-paragraph (1):
(a)	The packet or pack shall not be addressed to an addressee identified by initials only, or addressed by means of a pencil.
(b)	Packets or packs containing coin, bank notes, currency notes, securities or instruments payable to bearer, platinum, gold or silver manufactured or not, precious stones, jewels or other valuable articles may not be sent as printed packets and:
(i)	The sender shall mark on the cover of the packet or pack (by means other than a pencil) the words “Insured For” followed by the amount in words and figures for which the packet or pack is to be insured which amount shall not exceed whichever shall be the lower of the following limits:
(ii)	the real value of the packet or pack with its contents or;
(iii)	the sum of £250 or £500 depending on the amount of compensation payable which the Post Office may from time to time determine for such packets to particular destinations
(c)	The packet or pack shall be posted by being delivered to an officer of the Post Office on duty at a post office or delivered to an officer of the Post Office authorised to receive such packets or packs though not on duty at a post office.
(d)	There shall be charged and paid for the items mentioned in sub-paragraph (1) the appropriate fees specified in Schedule 7,
(e)	on the posting of the packet or pack, the Post Office shall provide the sender the portion of the appropriate service label, bearing a certificate of posting in acknowledgement that the item has been posted.
(3)	The following rules apply when sending Swiftair packets and International Signed For packets which are sealed by means of adhesive tape:
(a)	where packets are to be sealed by means of transparent adhesive tape, the sender must sign across the flap or join of the packet before applying the tape,
(b)	where packets are to be sealed by means of opaque adhesive tape, the sender must sign across the tape once it has been applied to the packet.

Compensation for registered packets

18.– (1)	The heading of paragraph 33 of the Scheme shall be deleted and substituted by the heading “Compensation for incoming registered packets”.
(2)	In sub-paragraph (1) of paragraph 33 of the Scheme, the word “a” shall be deleted and the words “an incoming” shall be inserted following the word “of”.
(3)	In sub-paragraph (2) of paragraph 33 of the Scheme, the word “incoming” shall be inserted following the word “one”, and the words ”“shall not exceed £28” shall be deleted and substituted by”“shall be an amount as determined from time to time by the Universal Postal Union.”
(4)	In sub-paragraph (3) of paragraph 33 of the Scheme the word “incoming” shall be inserted following the word “any”.
(5)	In sub-paragraph (4) of paragraph 33 of the Scheme, the word “a” shall be deleted and the words “an incoming” inserted following the word”“of”.
(6)	In sub-paragraph (5) of paragraph 33 of the Scheme, the word “incoming” shall be inserted following the word “any”.
(7)	In sub-paragraph (6) of paragraph 33 of the Scheme the word “incoming” shall be inserted following the word “any”.
(8)	In sub-paragraph (7)(a) of paragraph 33 of the Scheme, the semi-colon shall be deleted and substituted with a full stop; and sub-paragraph (7)(b) of paragraph 33 of the Scheme shall be deleted.

Compulsory registration and insurance

19.	Paragraph 35 of the Scheme shall be deleted and the following substituted:

““Compulsory use of Airsure, Swiftair and International Signed For on outgoing items and Special Delivery for incoming items

35. – (1)	An outgoing postal packet containing coin, bank notes, currency notes, securities or instruments payable to bearer, platinum, gold or silver manufactured or not, precious stones, jewels or other valuable articles which is found in the post, not having been sent as an Airsure packet, Swiftair packet or International Signed For packet, shall not be forwarded but returned to the sender so that it may be sent again as an Airsure packet, Swiftair packet or International Signed For packet.
(2)	An incoming postal packet containing such articles which is found in the post may be forwarded to the addressee as a Special Delivery packet and delivered to him on payment of the Special Delivery fee, or may be returned to the Postal Administration of the country or place of origin”.
Insured letters
20.	Paragraph 36 of the Scheme shall be deleted and the following substituted:
“Insured letters

On the delivery of an incoming insured letter the recipient shall give a written receipt therefor in the prescribed form. Where such a receipt is not obtained, the letter may nevertheless be delivered, or may be withheld and dealt with as the Post Office may think fit”.

Compensation for insured letters

21.	- (1) The heading to paragraph 37 of the Scheme shall be deleted and substituted by “Compensation for incoming insured letters”
(2) Sub-paragraph (2) of paragraph 37 of the Scheme shall be deleted.
(3) In sub-paragraph (6) of paragraph 37 of the Scheme, the words “and in the case of an outgoing insured letter paragraph 36(1) (c) of the Scheme, have been complied with in the case of that insured letter” shall be deleted.
(5) In sub-paragraph (10)(a) of paragraph 37 of the Scheme, the semi-colon shall be deleted and substituted with a full stop; and sub-paragraph (10)(b) of paragraph 37 of the Scheme shall be deleted.

Compensation for Airsure packets, Airsure packs, Swiftair packets, Swiftair packs and International Signed For packets

22.	The following new paragraph shall be inserted in the Scheme:
“Compensation for Airsure packets, Airsure packs, Swiftair packets, Swiftair packs and International Signed For packets
37A	-(1)	The sum payable by way of compensation for an Airsure packet, an Airsure pack, a Swiftair packet, a Swiftair pack and an International Signed For packet shall not exceed the sum of £250 or £500, depending on the amount of compensation payable which the Post Office may from time to time determine for such packets to particular destinations.
(2)	Subject to paragraph (1) the maximum amount of compensation which the Post Office may pay in respect of any article enclosed in or forming part of an Airsure packet, an Airsure pack, a Swiftair packet, a Swiftair pack and an International Signed For packet shall be of such sum as, in its opinion, represents
(a)	in a case where the Post office is satisfied that the article has been lost or rendered valueless in the post, the market value thereof (excluding the value of any message or communication) at the time of posting;
(b)	in any other case, the amount which such value has been diminished by damage suffered in the post.
(3)	Where the Post office pays compensation in respect of an Airsure packet, an Airsure pack, a Swiftair packet, a Swiftair pack and an International Signed For packet in accordance with the foregoing sub-paragraphs, it may additionally pay an amount equivalent to the amount of postage and the product fee paid by the sender of the packet or pack.
(4)	No compensation may be paid in respect of any Airsure packet, Airsure pack, Swiftair packet, Swiftair pack or International Signed For packet or its contents unless the Post Office is satisfied that the conditions set out in paragraphs 3, 4, 5 and 6 of Schedule 12 of the Scheme.
(5)	No compensation may be paid in respect of any Airsure packet, Airsure pack, Swiftair packet, Swiftair pack or International Signed For packet or its contents if the letter has been destroyed or otherwise dealt with or disposed of by the Post Office pursuant to section 8 (3) of the Act or sub-paragraph (1) of paragraph 18 of the Scheme or by another Postal Administration under a provision of the law of the country or place of that Postal Administration.
(6)	No compensation may be paid in respect of any Airsure packet, Airsure pack, Swiftair packet, Swiftair pack or International Signed For packet or its contents if the letter was lost, damaged or destroyed in circumstances beyond the control of the Postal Administration in whose service the loss, damage or destruction occurred.
(7)	No compensation may be paid in respect of any Airsure packet, Airsure pack, Swiftair packet, Swiftair pack or International Signed For packet or its contents unless:
(a)	a claim for compensation is made by the sender or the addressee within a period of six months beginning with the date on which the packet or pack was posted.
(b)	the appropriate service label, bearing a certificate of posting referred to in paragraph 32A(2)(e) was obtained at the time of posting.
(8)	If compensation has been paid to any person in respect of the loss of an Airsure packet, Airsure pack, Swiftair packet, Swiftair pack or International Signed For packet, which the sender has insured for a sum exceeding the real value of the contents and packing and the packet or pack subsequently comes into the possession of the Post Office, then upon the tender of the packet or pack to that person (whether or not he accepts it), he shall repay to the Post Office the sum paid by way of compensation or such part thereof as the Post Office may require.”

Compensation for certain other postal packets

23.	- In sub-paragraph (1) of paragraph 38 of the Scheme, the words “ a registered letter, an insured letter” shall be deleted and substituted by”“ an Airsure packet, Airsure pack, Swiftair packet, Swiftair pack or International Signed For packet”.

Advice of delivery, enquiries and claims for compensation

24.	- (1) In sub-paragraph (1) of paragraph 39 of the Scheme, the words “an outgoing registered postal packet” shall be deleted and substituted by”“a Swiftair packet, Swiftair pack or International Signed For packet”
(2) In sub-paragraph (2) of paragraph 39 of the Scheme, the words “an outgoing registered postal packet” shall be deleted and substituted by”“an Airsure packet, Airsure pack, Swiftair packet, Swiftair pack or International Signed For packet”.

  Postal packets posted on ships or by Forces abroad

25.	(1)	In sub-paragraph (1) of paragraph 43 of the Scheme, the word “Unregistered” shall be deleted
(2)	In sub-paragraph (1) of paragraph 43 of the Scheme, the words “other than Airsure packets, Airsure packs, Swiftair packets, Swiftair packs or International Signed For packets” shall be inserted following the words “postal packets”.
(3)	In sub-paragraph (3)(b) of paragraph 43 of the Scheme, the words “as a registered packet or insured packet” shall be deleted and substituted by”“by a service providing a signature upon delivery or, providing a signature upon delivery in addition to compensation of up to £2500 for lost or damaged items”.
Schedule 2
26.	– Sections 1, 2 and 3 of Part 2 of Schedule 3 to the Scheme shall be deleted and the following substituted:
“Part 2
1.	Airmail Printed Packet to Zone 1: £

 (a) Not exceeding 100g in weight 1.20

exceeding 100g but not exceeding 120g in weight 1.37

exceeding 120g but not exceeding 140g in weight 1.54

exceeding 140g but not exceeding 160g in weight 1.71

each additional 20g or part thereof up to a weight not

exceeding 1240g 0.18

exceeding 1240g but not exceeding1260g in weight 11.60

each additional 20g or part thereof up to a maximum

weight of 2kg 0.17

(b) Printed packet complying with paragraph 14 (3)

Exceeding 2kg but not exceeding 2020g in weight 18.06

Each additional 20g or part thereof up to a maximum

weight of 5kg 0.17

2. Airmail Printed Packet to Zone 2

(a) Not exceeding 100g in weight 1.21

exceeding 100g but not exceeding 120g in weight 1.41

each additional 20g or part thereof up to a maximum

weight of 2kg 0.20

(b) Printed packet complying with paragraph 14 (3)

Exceeding 2kg but not exceeding 2020g in weight 20.41

Each additional 20g or part thereof up to a maximum

weight of 5kg 0.20

3. Airmail Small Packet to Zone 1

Not exceeding 100g in weight 1.20

exceeding 100g but not exceeding 120g in weight 1.37

exceeding 120g but not exceeding 140g in weight 1.54

exceeding 140g but not exceeding 160g in weight 1.71

each additional 20g or part thereof up to a weight

not exceeding 1240g 0.18

exceeding 1240g but not exceeding1260g in weight 11.60

each additional 20g or part thereof up to a maximum

weight of 2kg 0.17

Schedule 7

 27. –Schedule 7 to the Scheme shall be deleted and the following substituted:

 “Schedule 7

Paragraph 30

Airsure packets, Airsure packs, Swiftair packets, Swiftair packs, International Signed For packets – fees and compensation levels

Part 1. Airsure packets.

Fee: £4.00, inclusive of compensation not exceeding £30

Fee for additional compensation: £1.00, for compensation not exceeding £250 or not exceeding £500, depending on destination.

Part 2 Airsure packs, C4 size prepaid up to 300g to all destinations

Fee: £6.00, inclusive of compensation not exceeding £30.

Fee for additional compensation £1.00, for compensation not exceeding £250 or not exceeding £500, depending on destination.

Part 3 Swiftair packets.

Fee: £3.30, inclusive of compensation not exceeding £30.

Fee for additional compensation £1.00, for compensation not exceeding £250 or not exceeding £500, depending on destination.

Part 4 Swiftair packs, C4 size prepaid up to 300g to all destinations.

Fee: £5.50, inclusive of compensation not exceeding £30.

Fee for additional compensation £1.00, for compensation not exceeding £250 or not exceeding £500, depending on destination.

Part 5 International Signed For packets

Fee: £2.85, inclusive of compensation not exceeding £30.

Fee for additional compensation £1.00, for compensation not exceeding £250 or not exceeding £500, depending on destination.

Schedule 9

28. Schedule 9 to the Scheme shall be deleted.

Signed on behalf of Consignia plc by R L Trundell ( a person authorised by Consignia plc to act in that behalf).

21st October 2002

(a)	Consignia plc (a company registered in England and Wales under number 4138203) is a universal service provider as defined in section 4(3)(a) of the Postal Services Act 2000. Consignia plc is the successor postal services Company referred to in article 40 of the Postal Services Act 2000 (Commencement No.4 and Transitional and Saving Provisions) Order 2001 (2001/1148 (C.37)).
(b)	The Post Office Overseas Letter Post Scheme 2001 was amended, renamed the Successor Postal Services Company Overseas Letter Post Scheme 2001 and treated as made under section 89 of the Postal Services Act 2000 by article 40 of the Postal Services Act 2000 (Commencement No.4 and Transitional and Saving Provisions) Order 2001 (2001/1148 (C.37)).
(c)	Published in the Belfast Gazette dated 29th June 2001.
(d)	Published in the Belfast Gazette dated 17th August 2001.
(e)	Published in the Belfast Gazette dated 14th December 2001.
(f)	Published in the Belfast Gazette dated 28th June 2002

(2201/90

Determination relating to Controlled

Premium Rate Services under Condition 22 of Part 2 of Schedule 1 to the Public

Telecommunications Operator (“PTO”) Licences and under Condition 26 of Part 2 of Schedule 1 to the Class Licences to run Branch Systems to provide

Telecommunications Services (“TSL”) and International Simple Voice Resale Services (“Isvr”)

1. The Director General of Telecommunications (the “Director General”) hereby gives notice that he has decided to make a determination under sub-paragraph 22.5 of Condition 22 of the PTO licences and sub-paragraph 26.5 of Condition 26 of the TSL and ISVR licences. The Director General further gives notice that he has decided to revoke the previous determination made on 8th February 2002 under sub-paragraph 22.5 of Condition 22 of the PTO licences and sub-paragraph 26.5 of Condition 26 of the TSL and ISVR licences. The effect of this will be to recognise a revised code of practice, to be issued by the Independent Committee for the Supervision of Standards of Telephone Information Services (“ICSTIS”), governing the provision of Controlled Premium Rate Service for the purposes of sub-paragraphs 22.3 and 26.3 of those respective licences. The ninth edition of the ICSTIS Code of Practice (as amended) is annexed to the Director General’s determination.

2. The text of the determination together with the Explanatory Memorandum is available via Oftel’s website (www.oftel.gov.uk) or may be obtained from Oftel’s Research and Intelligence Unit (telephone number 020 7634 8761; fax number 020 7634 8946).

David Edmonds, Director General of Telecommunications.

Dated: 25th October, 2002.