Postal Services Bill (HL Bill 70)

(a) must be paid to OFCOM, and

(b) if not paid within the period fixed by them, is to be recoverable by
15them accordingly.

7 (1) The amount of a penalty imposed under paragraph 6 on a person is to be
such amount as OFCOM determine to be—

(a) appropriate, and

(b) proportionate to the contravention in respect of which it is imposed.

(2) 20The amount must not be more than 10% of the turnover of the person’s
postal services business for the relevant period, calculated in accordance
with such rules as may be set out by order made by the Secretary of State.

(3) For the purposes of this paragraph—

• “the person’s postal services business” means so much of any business
  25carried on by the person as consists in the provision of postal
  services, and

• “the relevant period” means—

  (a)

  except in a case within paragraph (b) or (c), the period of one
  year ending with the 31 March next before the time when
  30notification of the contravention was given under paragraph
  2,

  (b)

  in the case of a person who at that time has been carrying on
  postal services business for under a year, the period, ending
  with that time, during which the person has been carrying it
  35on, and

  (c)

  in the case of a person who at that time has ceased to carry on
  postal services business, the period of one year ending with
  the time when the person ceased to carry it on.

(4) In making the determination of the amount of the penalty OFCOM must
40have regard to—

(a) any representations made to them by the person,

(b) any steps taken by the person towards complying with the
requirements contraventions of which have been notified to the
person under paragraph 2, and

(c) 45any steps taken by the person for remedying the consequences of
those contraventions.