SCHEDULES
SCHEDULE 4Recovery of administrative charges incurred by OFCOM
Suspending service provision for non-payment
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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).
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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.
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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.