SCHEDULES

SCHEDULE 7Enforcement of regulatory requirements

Suspending service provision for contravention of regulatory requirements

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1

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

2

A direction under this paragraph is a direction that the entitlement of the contravening person 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 C are met.

4

Condition A is that the contravening person is or has been in serious and repeated contravention of regulatory requirements.

5

Condition B is that an attempt, by the giving of enforcement notifications under paragraph 5 or the imposition of penalties under paragraph 6 (or both), to secure compliance with the contravened requirements has failed.

6

Condition C 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.