Session 2010-11
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Postal Services Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT

Clause 2

BARONESS WILCOX

Page 2, line 5, at end insert “, and

(c) the objective intended to be achieved by the undertaking of it.

(3A) The report must—

(a) contain information about the expected commercial relationship, after the proposed disposal, between the Royal Mail company in question and any Post Office company, and

(b) if the proposed disposal would result in shares or share rights being owned by or on behalf of an employee share scheme for the first time, give details of the scheme.

In paragraph (b) “employee share scheme” has the meaning given by section 3.”

Clause 4

BARONESS WILCOX

Page 2, line 43, after “may” insert “by order”

Page 3, line 9, after “has” insert “by order”

Page 3, line 9, at end insert—

“(3A) An order under subsection (2) or (3)(b) is subject to affirmative resolution procedure.”

Clause 5

BARONESS WILCOX

Page 3, line 30, leave out paragraphs (a) and (b) and insert “proposes to make an order under section 4(2) or (3)(b) (order directing or approving issue or transfer of shares or share rights in a Post Office company to a relevant mutual).”

Page 3, line 34, leave out subsection (2) and insert—

“(2) The Secretary of State must lay before Parliament a report on the proposed issue or transfer before making the order.”

Page 3, line 38, leave out paragraph (a) and insert—

“(a) give details of the proposed issue or transfer (including the expected time-scale for the issue or transfer),”

Page 3, line 40, after “are” insert “proposed”

Clause 11

BARONESS WILCOX

Page 6, line 29, at end insert—

“( ) In subsection (2)(b) the reference to postal services includes postal services provided pursuant to arrangements made with a person who provides a universal postal service.”

Page 7, line 5, at end insert—

“( ) A Post Office company’s duties under this section are enforceable in civil proceedings by the Secretary of State—

(a) for an injunction,

(b) for specific performance under section 45 of the Court of Session Act 1988, or

(c) for any other appropriate remedy or relief.”

After Clause 11

BARONESS WILCOX

Insert the following new Clause—

“Annual report on postal museum collection and archive

(1) A Royal Mail company must send to the Secretary of State each year a report on its activities in relation to—

(a) the British Postal Museum Collection, and

(b) the Royal Mail Archive.

(2) Before preparing the report, the company must consult any Post Office company.

(3) The Secretary of State must lay a copy of the report before Parliament.

(4) A Royal Mail company’s duties under this section are enforceable in civil proceedings by the Secretary of State—

(a) for an injunction,

(b) for specific performance under section 45 of the Court of Session Act 1988, or

(c) for any other appropriate remedy or relief.

(5) This section applies irrespective of whether the British Postal Museum Collection or the Royal Mail Archive alters the name by which it is known or forms part of a wider collection or archive.”

Clause 27

BARONESS WILCOX

Page 15, line 34, at end insert—

“(ca) a notification condition (see section (Notification condition)),”

Clause 28

BARONESS WILCOX

Page 16, line 10, at end insert “before the end of a reasonable period and for its provision to continue to be efficient at all subsequent times”

Page 16, line 10, at end insert—

“( ) The reference in subsection (3)(a) to the need for a provision of a universal postal service to be financially sustainable includes the need for a reasonable commercial rate of return for any universal service provider on any expenditure incurred by it for the purpose of, or in connection with, the provision by it of a universal postal service.”

Page 16, line 10, at end insert—

“( ) In subsection (3)(b) “a reasonable period” means such period beginning with the day on which the provisions of this Part come generally into force as OFCOM consider, in all the circumstances, to be reasonable.”

After Clause 39

BARONESS WILCOX

Insert the following new Clause—

“Notification condition

(1) OFCOM may impose a notification condition on—

(a) every person providing, or intending to provide, a service within the scope of the universal postal service, or

(b) every person providing, or intending to provide, a service within the scope of the universal postal service of a specified description.

(2) A notification condition is a condition requiring the person to give OFCOM—

(a) advance notice of the person’s intention to provide a letters business on a specified scale (whether or not the person is currently providing a letters business or any other postal service), and

(b) where the person is already providing a letters business on a specified scale, advance notice of the person’s intention to expand the business by a specified extent.

(3) A specified scale or extent may be determined by reference to any specified factor.

(4) The Secretary of State may at any time direct OFCOM to impose a notification condition.

(5) The direction may (but need not) specify some or all of the provision to be contained in the condition.

(6) Where a notification condition applies to a person at a time when the person is not providing a postal service—

(a) Schedule 7 (enforcement of regulatory conditions) is to have effect as if paragraph 7(2) and (3) were omitted and as if, for the purposes of paragraph 11, the person were providing a postal service, and

(b) Schedule 8 (information provisions) is to have effect as if the person were a person falling within paragraph 1(2) and as if, for the purposes of paragraph 8, the person were providing a postal service.

(7) In this section—

“advance notice” means written notice given at least a specified period of time before the person intends to do as mentioned in subsection (2)(a) or (b),

“a letters business” means a postal service which consists in the delivery of letters, and

“specified” mean specified in the notification condition.”

Clause 42

BARONESS WILCOX

Page 26, line 36, leave out “3” and insert “5”

Clause 43

BARONESS WILCOX

Page 28, line 1, at end insert—

“( ) A direction under subsection (12) may not require OFCOM to make a procurement determination at any time in the period of 10 years beginning with the day on which this section comes into force unless the universal service provider has agreed to the making of the determination.”

Clause 63

BARONESS WILCOX

Page 39, line 35, at end insert—

““notification condition” has the meaning given by section (Notification condition),”