Postal Services Act 2011

24 U.K. After section 89 insert—

“89A Powers of OFCOM in relation to schemes

(1) A postal operator may not make a scheme under section 89 unless—

(a) the operator has notified OFCOM of the scheme that the operator is proposing to make, and

(b) the operator has carried out a consultation exercise in relation to the proposed scheme in accordance with requirements contained in a notification published by OFCOM.

(2) OFCOM may give a direction to a postal operator who has notified a scheme to them under subsection (1)(a) requiring the operator to make such modifications of the scheme as are specified in the direction.

(3) Before giving a direction under subsection (2), OFCOM must publish a notification—

(a) setting out the terms of the scheme that the operator proposes to make,

(b) stating that OFCOM are proposing to give a direction under subsection (2) modifying the scheme,

(c) setting out the effect of the proposed modification,

(d) giving reasons for making the proposed modification, and

(e) specifying the period within which representations may be made to them about the proposed modification.

(4) The specified period must be at least one month beginning with the day after the day the notification under subsection (3) is published.

(5) OFCOM may not give a direction under subsection (2) unless they have considered every representation and proposal made to them during the period specified in that notification.

(6) If the scheme is not in force at the time at which that notification is published, the operator may not bring the scheme into force until such time as OFCOM may direct.

(7) OFCOM must publish a notification of any direction that they make under subsection (2).

(8) The publication of a notification under this section must be in such manner as OFCOM consider appropriate for bringing its contents to the attention of such persons as they consider appropriate.

(9) An obligation imposed on a postal operator by a direction under subsection (2) is enforceable by OFCOM under Schedule 7 to the Postal Services Act 2011 (enforcement of regulatory requirements).”

Commencement Information

I1 Sch. 12 para. 24 in force at 1.10.2011 by S.I. 2011/2329, art. 3