Postal Services Bill (HL Bill 66)

(a) a serious threat to the safety of the public, to public health or to
20national security,

(b) serious economic or operational problems for persons providing
postal services (other than the contravening person), or

(c) serious economic or operational problems for users of postal
services.

25Enforcement of directions under paragraph 8

12 (1) A person commits an offence if the person provides any service—

(a) while the person’s entitlement to do so is suspended by a direction
under paragraph 8, or

(b) in contravention of a restriction contained in a direction under that
30paragraph.

(2) A person guilty of an offence under sub-paragraph (1) is liable—

(a) on summary conviction, to a fine not exceeding the statutory
maximum, and

(b) on conviction on indictment, to a fine.

35Offences in connection with information requirements

13 (1) A person who fails to provide information in accordance with a requirement
imposed under paragraph 1 or 3 commits an offence.

(2) A person guilty of an offence under sub-paragraph (1) is liable—

(a) on summary conviction, to a fine not exceeding the statutory
40maximum, and

(b) on conviction on indictment, to a fine.

(3) A person does not commit an offence under sub-paragraph (1) if—

(a) it was not reasonably practicable to comply with the requirement
within the period specified by OFCOM, and

(b) the person has taken all reasonable steps to provide the information
after the end of that period.

(4) A person commits an offence if—

(a) in pursuance of a requirement under paragraph 1 or 3, the person
5provides any information that is false in any material particular, and

(b) at the time the information is provided, the person knows it to be
false or is reckless as to whether or not it is false.

(5) A person guilty of an offence under sub-paragraph (4) is liable—

(a) on summary conviction, to a fine not exceeding the statutory
10maximum, and

(b) on conviction on indictment, to a fine or imprisonment for a term not
exceeding two years or both.

(6) Proceedings for an offence under sub-paragraph (1) may be brought in
respect of a contravention by a person of a requirement imposed under
15paragraph 1 or 3 only if—

(a) OFCOM have given the person a notification under paragraph 5 in
respect of the contravention,

(b) the period allowed under that paragraph for doing the things
mentioned in sub-paragraph (3) of that paragraph has ended
20without the required information having been provided, and

(c) OFCOM have not imposed a financial penalty under paragraph 7 in
respect of the contravention.

Part 3 Supplementary provisions

25Statement of policy on information gathering

14 (1) OFCOM must prepare and publish a statement of their general policy with
respect to—

(a) the exercise of their powers under paragraph 1 or 3, and

(b) the uses to which they are proposing to put information obtained
30under those paragraphs.

(2) OFCOM may from time to time revise the statement.

(3) Where OFCOM make or revise a statement under this paragraph, they must
publish the statement in such manner as they consider appropriate for
bringing it to the attention of the persons who, in their opinion, are likely to
35be affected by it.

(4) In exercising the powers conferred by this Schedule, OFCOM must have
regard to the statement for the time being in force under this paragraph.

Provision of information by OFCOM

15 (1) OFCOM must comply with a request made by a person—

(a) 40to notify the person whether or not a notification is required to be
submitted by the person under regulations made under section 46,