Postal Services Act 2011

Power to deal with urgent cases U.K.

8 (1) This paragraph applies if OFCOM determine— U.K.

(a) that they are entitled to give a notification under paragraph 2 with respect to a contravention by a person (“the contravening person”) of a regulatory requirement,

(b) that there are reasonable grounds for suspecting that the case is urgent, and

(c) that the urgency of the case makes it appropriate for them to act under this paragraph.

(2) A case is urgent for the purposes of this paragraph if the contravention has resulted in or creates an immediate risk of—

(a) a serious threat to the safety of the public, to public health or to national security,

(b) serious economic or operational problems for persons providing postal services (other than the contravening person), or

(c) serious economic or operational problems for users of postal services.

(3) OFCOM may, in a notification under paragraph 2 with respect to the contravention, specify a period of less than one month for doing the things mentioned in sub-paragraph (3) of that paragraph.

(4) OFCOM may also give to the contravening person a direction that the entitlement of the contravening person to provide postal services—

(a) is suspended (either generally or in relation to particular services), or

(b) is restricted in the respects set out in the direction.

Commencement Information

I1 Sch. 7 para. 8 in force at 1.10.2011 by S.I. 2011/2329, art. 3

9 (1) Unless it provides otherwise, a direction under paragraph 8 takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given. U.K.

(2) A direction under paragraph 8—

(a) in providing for the effect of a suspension or restriction to be postponed, may provide for it to take effect only at a time determined by or in accordance with the terms of the direction, and

(b) in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening person as appear to OFCOM to be appropriate for the purpose of protecting the users of that person's services.

(3) Those conditions may include a condition requiring the making of payments—

(a) by way of compensation for loss or damage suffered by those users as a result of the direction, or

(b) in respect of annoyance, inconvenience or anxiety to which those users have been put in consequence of the direction.

(4) OFCOM may revoke a direction under this paragraph or modify its conditions—

(a) with effect from such time as they may direct,

(b) subject to compliance with such requirements as they may specify, and

(c) to such extent and in relation to such services, or parts of a service, as they may determine.

Commencement Information

I2 Sch. 7 para. 9 in force at 1.10.2011 by S.I. 2011/2329, art. 3

10 (1) As soon as reasonably practicable after giving a direction under paragraph 8 to a person, OFCOM must give the person— U.K.

(a) an opportunity of making representations to them about the grounds on which it was given, and

(b) an opportunity of proposing steps to remedy the situation.

(2) As soon as reasonably practicable after the period allowed by OFCOM for making those representations has ended, OFCOM must determine—

(a) whether the contravention did occur, and

(b) whether the circumstances made it an urgent case justifying the giving of the direction.

(3) If they decide that the contravention did occur and that the direction was justified, they may confirm the direction.

(4) If not, they must revoke the direction or modify its conditions.

(5) As soon as reasonably practicable after determining whether to confirm the direction, OFCOM must notify their decision to the person to whom the direction was given.

(6) Conditions included in a direction as a result of paragraph 9(3) have effect only if the direction is confirmed.

Commencement Information

I3 Sch. 7 para. 10 in force at 1.10.2011 by S.I. 2011/2329, art. 3