Postal Services Act 2011

General provisions U.K.

53 Imposition, modification or revocation of regulatory conditions U.K.

Schedule 6 contains general provision about the imposition of regulatory conditions and their modification or revocation.

Commencement Information

I1 S. 53 in force at 1.10.2011 by S.I. 2011/2329, art. 3

54 Enforcement of regulatory requirements U.K.

Schedule 7 makes provision for the enforcement of regulatory requirements imposed by OFCOM in carrying out their functions in relation to postal services.

Commencement Information

I2 S. 54 in force at 1.10.2011 by S.I. 2011/2329, art. 3

55 Information U.K.

(1) Schedule 8 makes provision [F1 about the provision of information] to OFCOM for the purpose of carrying out their functions in relation to postal services or for related purposes.

(2) In that Schedule—

(a) Part 1 makes provision authorising OFCOM to require information to be provided to them,

(b) Part 2 makes provision for the enforcement of those requirements F2 ..., and

(c) Part 3 contains supplementary provision.

(3) Nothing in Schedule 7 to the Postal Services Act 2000 (disclosure of information) prevents the Postal Services Commission from disclosing information to OFCOM for the purposes of OFCOM's functions in relation to postal services.

Textual Amendments

F1 Words in s. 55(1) substituted (23.11.2019) by The Cross-border Parcel Delivery Services (EU Information Requirements) Regulations 2019 (S.I. 2019/1429), regs. 1(1), 2(2)

F2 Words in s. 55(2)(b) omitted (31.12.2020) by virtue of The Cross-border Parcel Delivery Services (Amendment) (No.2) (EU Exit) Regulations 2020 (S.I. 2020/1036), regs. 1(2), 3

Commencement Information

I3 S. 55 in force at 1.10.2011 by S.I. 2011/2329, art. 3

56 General restriction on disclosure of information U.K.

(1) Information that—

(a) is obtained as a result of this Part, and

(b) relates to the affairs of an individual or to a particular business,

must not be disclosed during the lifetime of the individual or so long as the business is carried on, except as provided by this section.

(2) Disclosure is permitted—

(a) with the consent of the individual or the person for the time being carrying on the business,

(b) for the purpose of facilitating the carrying out by OFCOM of any of their functions,

(c) for the purpose of facilitating the carrying out by the Secretary of State, the Treasury or the [F3 Competition and Markets Authority] of any of their functions under this Act,

(d) for the purpose of facilitating the carrying out by a prescribed body or other person of any functions under a prescribed enactment,

(e) in connection with the investigation of any criminal offence or for the purposes of any criminal proceedings,

(f) for the purposes of any civil proceedings brought as a result of this Part or any prescribed enactment,

(g) in pursuance of [F4 [F5 an assimilated] obligation], or

(h) in any other prescribed circumstances or for any other prescribed purpose.

(3) In subsection (2) “prescribed” means prescribed by an order of the Secretary of State.

(4) An order under subsection (3) is subject to affirmative resolution procedure.

(5) This section does not apply to information that has been made available to the public by being disclosed in circumstances in which, or for a purpose for which, disclosure is not precluded by this section.

(6) This section also does not apply to information that is subject to the disclosure regime in Part 9 of the Enterprise Act 2002 as a result of—

(a) section 393(8) of the Communications Act 2003 (information obtained by OFCOM in exercise of competition functions), or

(b) section 29(3) of the Consumers, Estate Agents and Redress Act 2007 (information obtained by [F6 Citizens Advice etc]).

[F7 (6A) Nothing in this section prevents the disclosure of information under section 24A or 24B of the Communications Act 2003.]

(7) A person who discloses information in contravention of this section commits an offence.

(8) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

Textual Amendments

F3 Words in s. 56(2)(c) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 186 (with art. 3)

F4 Words in s. 56(2)(g) substituted (31.1.2020) by The Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1417), regs. 1, 3(3); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in s. 56(2)(g) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 73(3)

F6 Words in s. 56(6)(b) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 13(3) (with Sch. 1 para. 28, 2 paras. 13-15)

F7 S. 56(6A) inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 98(6), 118(6); S.I. 2017/765, reg. 2(aa)

Modifications etc. (not altering text)

C1 S. 56(2) disclosure powers extended by 2001 c. 24, Sch. 4 para. 53D (as inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 162(b); S.I. 2011/2329, art. 3)

Commencement Information

I4 S. 56 in force at 1.10.2011 by S.I. 2011/2329, art. 3