The Postal Services (Universal Postal Service) Order 2012

Citation and commencementU.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

I1Art. 1 in force at 1.4.2012, see art. 1

InterpretationU.K.

2.  In this Order—

F1...

“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) [F2or as severely sight-impaired under the provisions of Part 1 of the Care Act 2014 (care and support);]

“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;

F3...

“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[F4.]

F5...

Textual Amendments

Commencement Information

I2Art. 2 in force at 1.4.2012, see art. 1

Routing timesU.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.

[F6(2A) “Working day” means any day which is not—

(a)a Sunday; or

(b)a public holiday in the place of collection or the place of delivery of the postal packet concerned.]

(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.

Textual Amendments

Commencement Information

I3Art. 3 in force at 1.4.2012, see art. 1

DeliveryU.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

I4Art. 4 in force at 1.4.2012, see art. 1

The universal postal serviceU.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 F7... requirements (if any) set out in this Order for the provision of the service in question.

[F8(3) Nothing in this Order requires the doing of anything in relation to a postal packet of a type falling within section 33(1)(a) or (b) Postal Services Act 2011.]

Textual Amendments

Commencement Information

I5Art. 5 in force at 1.4.2012, see art. 1

Delivery servicesU.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

I6Art. 6 in force at 1.4.2012, see art. 1

Collection servicesU.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

I7Art. 7 in force at 1.4.2012, see art. 1

End-to-end services at affordable pricesU.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

I8Art. 8 in force at 1.4.2012, see art. 1

Free end-to-end servicesU.K.

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

(a)free of charge throughout the United Kingdom F9...;

(b)on fair and reasonable terms; and

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

Textual Amendments

Commencement Information

I9Art. 9 in force at 1.4.2012, see art. 1

Addressee servicesU.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 F10... day [F11excluding any day which is a Sunday or a public holiday in the place of acquisition].

Textual Amendments

Commencement Information

I10Art. 10 in force at 1.4.2012, see art. 1

[F1211.  Nothing in this Order is to be read—

(a)as requiring a service to continue without interruption, suspension or restriction in an emergency; or

(b)as preventing individual agreements as to prices from being concluded with customers.]

Textual Amendments

Ed Richards

Chief Executive of the Office of Communications

For and by authority of the Office of Communications