6 Restriction on provision of postal services.U.K.
(1)Subject to section 7, no person shall convey a letter from one place to another unless—
(a)he holds a licence authorising him to do so, or
(b)he is acting as an employee or agent of a person who is authorised by a licence to do so.
(2)A person who contravenes subsection (1) commits an offence and shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum,
(b)on conviction on indictment, to a fine.
(3)No proceedings shall be instituted in England and Wales or Northern Ireland in respect of an offence under subsection (2) except by or on behalf of the Commission or the Secretary of State.
(4)Without prejudice to subsection (2), compliance with subsection (1) shall be enforceable by civil proceedings by or on behalf of the Commission or the Secretary of State for an injunction or interdict or for any other appropriate relief or remedy.
(5)Without prejudice to subsections (2) and (4)—
(a)the obligation to comply with subsection (1) shall be a duty owed to any person who may be affected by a contravention of subsection (1), and
(b)where a duty is owed by virtue of paragraph (a) to any person, any breach of that duty which causes that person to sustain loss or damage shall be actionable at the suit or instance of that person.
(6)Any reference in this section [F1or section 7(1) or (1A)] to conveying a letter from one place to another, or the conveyance of a letter, includes a reference to performing, or the performance of, any of the incidental services of receiving, collecting and delivering a letter.
(7)For the purposes of this Part references to a licence are to a licence under this Part and references to a licence holder shall be construed accordingly.
Textual Amendments
F1Words in s. 6(6) substituted (1.1.2003) by S.I. 2002/3050, reg. 2