The Postal Services (Universal Postal Service) Order 2012

Citation and commencement U.K.

1.  This Order may be cited as the Postal Services (Universal Postal Service) Order 2012 and shall come into force on 1st April 2012.

Commencement Information

I1 Art. 1 in force at 1.4.2012, see art. 1

Interpretation U.K.

2.  In this Order—

“Act” means the Postal Services Act 2011;

“addressee services” has the meaning given in article 5(1)(e);

“blind” means registered as blind under the provisions of the National Assistance Act 1948(1);

“Certificate of Posting” means a document issued or validated by a post office affirming that a postal packet has been deposited at the office for conveyance;

“deemed date of collection” has the meaning given in article 3(2);

“delivery office” means an office managed by a universal service provider for the purposes of processing postal packets immediately prior to the activity of delivery to the addressee;

“domestic”, in relation to a postal service, means the service is for the conveyance of postal packets from access points in the United Kingdom to addresses in the United Kingdom;

“eligible items” has the meaning given in paragraph 2 of Schedule 2;

“end-to-end services at affordable prices” has the meaning given in article 5(1)(c);

“EU office of exchange” means a facility for—

(a)

the collection by a universal service provider of postal packets originating from a country within the European Union other than the United Kingdom, for onward conveyance and delivery within the United Kingdom; or

(b)

the deposit by a universal service provider of postal packets originating from the United Kingdom, for onward conveyance and delivery to a country within the European Union other than the United Kingdom;

“free end-to-end services” has the meaning given in article 5(1)(d);

“insured item” means a postal packet the value of which has been declared to a universal service provider and in respect of which, in the event of its theft or loss or damage in the course of its conveyance by post, the universal service provider has agreed to pay to the sender the declared value or such lesser sum as is consistent with the provision of the service at affordable prices;

“letter box” includes any pillar box, wall box, or other box or receptacle provided by a postal operator for the purpose of receiving postal packets, or any class of postal packets, for onwards conveyance by post;

“meter” means a method of evidencing payment for postal services provided by a universal service provider which involve the conveyance of a postal packet, through which the sender having paid in advance for postage applies an impression to a visible surface of the postal packet using a franking machine licensed by the universal service provider;

“partially sighted” means certified by an ophthalmologist, doctor or ophthalmic optician as having vision which cannot be improved using optical aids (including magnifiers) or additional illumination to allow 12 point sized print to be read at a comfortable reading distance;

“post office” means any premises or vehicle in the United Kingdom from which postal services are provided directly to the public;

“proof of delivery” means a copy of a signature, or other evidence from the recipient in confirmation of receipt, obtained on delivery of a postal packet;

“registered item” means a postal packet which has been registered with a universal service provider in connection with its conveyance by post and for which an amount determined by the universal service provider is payable by the universal service provider to the sender in the event of theft or loss of or damage to it in the course of its conveyance by post;

“routing time” means the target maximum time for conveying postal packets from the access point to the delivery point in the provision of a postal service;

“ROW office of exchange” means a facility for—

(a)

the collection by a universal service provider of postal packets originating from a country outside the European Union, for onward conveyance and delivery within the United Kingdom; or

(b)

the deposit by a universal service provider of postal packets originating from the United Kingdom, for onward conveyance and delivery to a country outside the European Union;

“single piece service” has the meaning given in paragraph 1 of Schedule 1;

“tracking facility” means a facility enabling a sender to monitor the progress of a postal packet through the postal network; and

“working day” means any day which is not a Sunday or a public holiday.

Commencement Information

I2 Art. 2 in force at 1.4.2012, see art. 1

Routing times U.K.

3.—(1) Routing times are expressed using the formula D + n, where—

(a) “D” means the deemed date of collection; and

(b) “n” means the number of working days between D and the delivery date, including the delivery date.

(2) “Deemed date of collection” means—

(a) in the case of a postal packet deposited at an access point in the United Kingdom on a day on which no collection is required under article 7, the next day on which a collection is required under article 7;

(b) (i) in the case of a postal packet deposited in the United Kingdom as described in sub-paragraph (ii), the next day on which a collection is required under article 7;

(ii) sub-paragraph (i) applies where the postal packet is deposited at a letter box on which, or at a post office at which, a time for last collection is advertised, after that time on a day on which a collection is required under article 7;

(c) in any other case where the access point is in the United Kingdom, the date of deposit;

(d) in the case of a postal packet deposited at an access point outside the United Kingdom after a last collection time notified in accordance with the rules of the country in question, the next day on which a collection is required under the rules of that country; and

(e) in any other case where the access point is outside the United Kingdom, the date of deposit.

(3) Where the formula as applied to the delivery of a particular postal packet results in delivery being required—

(a) in the United Kingdom, on a day on which a delivery is not required under article 6; or

(b) outside the United Kingdom, on a day on which under the rules of the country of delivery no delivery is required;

compliance with the routing time shall be achieved if delivery is effected on the next day on which a delivery is required.

Commencement Information

I3 Art. 3 in force at 1.4.2012, see art. 1

Delivery U.K.

4.  Where a service described in this Order requires delivery of a postal packet, delivery shall be effected if—

(a) the postal packet has been delivered to the postal address marked on the postal packet;

(b) the postal packet has been delivered to a person named as an addressee on the postal packet;

(c) the postal packet has been delivered to another delivery point requested by the addressee or approved by OFCOM for the purposes of this paragraph; or

(d) an unsuccessful attempt has been made to deliver the postal packet in accordance with sub-paragraph (a), (b), or (c) and a universal service provider offers the addressee a choice of redelivery within a reasonable period and an opportunity to collect the postal packet from any of the following places—

(i) a post office;

(ii) a delivery office; or

(iii) another collection point approved by OFCOM for the purposes of this paragraph.

Commencement Information

I4 Art. 4 in force at 1.4.2012, see art. 1

The universal postal service U.K.

5.—(1) The universal postal service shall comprise—

(a) the delivery services described in article 6;

(b) the collection services described in article 7;

(c) the services described in Schedule 1 (“end-to-end services at affordable prices”);

(d) the services described in Schedule 2 (“free end-to-end services”); and

(e) the services described in Schedule 3 (“addressee services”).

(2) It is a characteristic of the universal postal service that its component services are available for all postal packets which meet the qualifying requirements (if any) set out in this Order for the provision of the service in question.

Commencement Information

I5 Art. 5 in force at 1.4.2012, see art. 1

Delivery services U.K.

6.—(1) At least one delivery every Monday to Saturday of letters originating from anywhere in the world—

(a) to the home or premises of every individual or other person in the United Kingdom; and

(b) to delivery points approved by OFCOM for the purposes of this paragraph.

(2) At least one delivery every Monday to Friday of other postal packets originating from anywhere in the world—

(a) to the home or premises of every individual or other person in the United Kingdom; and

(b) to delivery points approved by OFCOM for the purposes of this paragraph.

(3) The requirements in paragraphs (1) and (2) do not need to be met on any day which is (in the part of the United Kingdom concerned) a public holiday.

Commencement Information

I6 Art. 6 in force at 1.4.2012, see art. 1

Collection services U.K.

7.—(1) At least one collection—

(a) every Monday to Saturday, from access points for letters for the end-to-end services at affordable prices and the free end-to-end services; and

(b) every Monday to Friday, from access points for other postal packets for the end-to-end services at affordable prices and the free end-to-end services.

(2) The requirements in paragraph (1) do not need to be met on any day which is (in the part of the United Kingdom concerned) a public holiday.

Commencement Information

I7 Art. 7 in force at 1.4.2012, see art. 1

End-to-end services at affordable prices U.K.

8.  The end-to-end services at affordable prices shall be provided—

(a) at affordable prices determined in accordance with a public tariff which is uniform throughout the United Kingdom;

(b) on fair and reasonable terms; and

(c) every day on which a collection is required by article 7.

Commencement Information

I8 Art. 8 in force at 1.4.2012, see art. 1

Free end-to-end services U.K.

9.  The free end-to-end services shall be provided—

(a) free of charge throughout the United Kingdom, save as specified in paragraph 4(6) of Schedule 2;

(b) on fair and reasonable terms; and

(c) every day on which a collection is required by article 7.

Commencement Information

I9 Art. 9 in force at 1.4.2012, see art. 1

Addressee services U.K.

10.  The addressee services shall be provided—

(a) at affordable prices determined in accordance with a public tariff which is uniform throughout the United Kingdom, save as specified in paragraph 2 of Schedule 3;

(b) on fair and reasonable terms;

and shall be available for acquisition every working day.

Commencement Information

I10 Art. 10 in force at 1.4.2012, see art. 1

Ed Richards

Chief Executive of the Office of Communications

For and by authority of the Office of Communications