Postal Services Bill (HL Bill 70)

(a) appropriate, and

(b) 5proportionate to the seriousness (when repeated as they have been)
of the contraventions.

8 (1) Unless it provides otherwise, a direction under paragraph 7 takes effect for
an indefinite period beginning with the time at which it is notified to the
person to whom it is given.

(2) 10A direction under paragraph 7—

(a) in providing for the effect of a suspension or restriction to be
postponed may provide for it to take effect only at a time determined
by or in accordance with the terms of the direction, and

(b) in connection with the suspension or restriction contained in the
15direction or with the postponement of its effect, may impose such
conditions on the contravening operator as appear to OFCOM to be
appropriate for the purpose of protecting the users of that operator’s
services.

(3) Those conditions may include a condition requiring the making of
20payments—

(a) by way of compensation for loss or damage suffered by those users
as a result of the direction, or

(b) in respect of annoyance, inconvenience or anxiety to which those
users have been put in consequence of the direction.

(4) 25OFCOM are not to give a direction under paragraph 7 unless they have—

(a) notified the contravening operator of the proposed direction and of
the conditions (if any) which they are proposing to impose by that
direction,

(b) provided the contravening operator with an opportunity of making
30representations about the proposals and of proposing steps for
remedying the situation, and

(c) considered every representation and proposal made to them during
the period allowed by them for the contravening operator to take
advantage of that opportunity.

(5) 35That period must be at least one month beginning with the day after the day
the notification is given.

(6) OFCOM may revoke a direction under paragraph 7 or modify its
conditions—

(a) with effect from such time as they may direct,

(b) 40subject to compliance with such requirements as they may specify,
and

(c) to such extent and in relation to such services, or parts of a service, as
they may determine.

(7) For the purposes of paragraph 7 there are repeated contraventions by a
45person of requirements to pay administrative charges to the extent that—

(a) in the case of a previous notification given to that person under
paragraph 4, OFCOM have determined for the purposes of
paragraph 6(2) that a contravention did occur, and