Part II Licences for Postal Services
Enforcement orders
23 Provisional orders.
1
If—
a
the Commission is not satisfied that a licence holder is contravening any condition of his licence or is likely to contravene any such condition, but
b
the requirements in subsection (2) are met,
the Commission shall by order make such provision as it considers is needed for the purpose of securing compliance with the licence condition.
2
The requirements are that it appears to the Commission—
a
that the licence holder is contravening any condition of his licence or is likely to contravene any such condition, and
b
that an order under subsection (1) is needed.
3
In deciding whether an order under subsection (1) is needed the Commission shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage as a result of anything likely to be done or omitted in contravention of the licence condition before a final order may be made.
4
An order under subsection (1)—
a
shall require the licence holder to do, or not to do, such things as are specified in the order or are of a description so specified,
b
shall take effect at such time, being the earliest practicable time, as is determined by or under the order, and
c
may be revoked at any time by the Commission.
5
An order under subsection (1) shall, subject to any earlier revocation by the Commission, have effect for such period not exceeding three months as is determined by or under the order and which starts when the order takes effect.
6
An order under subsection (1) shall not be made in any case where a previous such order has been made in respect of the same contravention or apprehended contravention by the licence holder.
7
This section is subject to section 25.
8
In this Act “provisional order” means an order under this section.