SCHEDULE 7 continued
(a) whether the contravention did occur, and
whether the circumstances made it an urgent case justifying the
giving of the direction.
If they decide that the contravention did occur and that the direction was
justified, they may confirm the direction.
(4) If not, they must revoke the direction or modify its conditions.
As soon as reasonably practicable after determining whether to confirm the
direction, OFCOM must notify their decision to the person to whom the
direction was given.
Conditions included in a direction as a result of paragraph 9(3) have effect
only if the direction is confirmed.
OFCOM may give a direction under this paragraph to any person who is
providing one or more postal services (“the contravening person”).
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.
OFCOM may give a direction under this paragraph only if they are satisfied
that conditions A to C are met.
Condition A is that the contravening person is or has been in serious and
repeated contravention of regulatory requirements.
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
proportionate to the seriousness (when repeated as they have been)
of the contraventions.