SCHEDULES

SCHEDULE 4Recovery of administrative charges incurred by OFCOM

Suspending service provision for non-payment

7

1

OFCOM may give a direction under this paragraph to any postal operator who is providing one or more postal services (“the contravening operator”).

2

A direction under this paragraph is a direction that the entitlement of the contravening operator 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.

3

OFCOM may give a direction under this paragraph only if they are satisfied that conditions A to D are met.

4

Condition A is that the contravening operator is or has been in serious and repeated contravention of requirements to pay administrative charges fixed under paragraph 1 (whether in respect of the whole or a part of the charges).

5

Condition B is that the bringing of proceedings for the recovery of the amounts outstanding—

a

has failed to secure complete compliance by the contravening operator with the requirements to pay the charges, or

b

has no reasonable prospect of securing such compliance.

6

Condition C is that an attempt, by the imposition of penalties under paragraph 6, to secure such compliance has failed.

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Condition D is that the giving of the direction is—

a

appropriate, and

b

proportionate to the seriousness (when repeated as they have been) of the contraventions.