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Postal Services Act 2011

Commentary on Sections

Part 3: Regulation of postal services

Persons providing services within scope of universal postal service

Section 40: Services within scope of the universal postal service

203.This section defines the meaning of “services within the scope of the universal postal service”. This definition is relevant to those who may be subject to general universal service conditions under section 42. This definition is also relevant to those who may be subject to the recovery of administrative charges incurred by OFCOM (section 43) and to general access conditions (section 50).

204.Subsection (1) sets out that a service is within the scope of the universal service, first, if it falls within the description of a service set out in the universal postal service order made under section 30. Second, a service is within the scope of the universal service if it would fall within the description of a service set out in the universal postal service order, but collection and delivery are not provided on each of the days required under section 31, or the service is not provided throughout the UK, or the service is not provided at an affordable uniform price. Finally, a service is also within the scope of the universal postal service if OFCOM believe it is inter-changeable from users’ point of view with one set out in the universal postal service order.

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