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.
(7)
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.