Postal Services Bill (HL Bill 70)

(11) An order under sub-paragraph (10) is subject to affirmative resolution
procedure.

25Suspending service provision for contravention of information requirements

8 (1) OFCOM may give a direction under this paragraph to any person who is
providing one or more postal services (“the contravening person”).

(2) A direction under this paragraph is a direction that the entitlement of the
contravening person to provide postal services—

(a) 30is suspended (either generally or in relation to particular services), or

(b) is restricted in the respects set out in the direction.

(3) OFCOM may give a direction under this paragraph only if they are satisfied
that conditions A to C are met.

(4) Condition A is that the contravening person is or has been in serious and
35repeated contravention of requirements imposed under paragraph 1 or 3.

(5) Condition B is that an attempt, by the imposition of penalties under
paragraph 7 or the bringing of proceedings under paragraph 13, to secure
compliance with the contravened requirements has failed.

(6) Condition C is that the giving of the direction is—

(a) 40appropriate, and

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

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

(2) A direction under paragraph 8—

(a) 5in 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
direction or with the postponement of its effect, may impose such
10conditions on the contravening person 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
payments—

(a) 15by 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) OFCOM may revoke a direction under paragraph 8 or modify its
20conditions—

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

(b) subject 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
25they may determine.

(5) For the purposes of paragraph 8 there are repeated contraventions by a
person of requirements imposed under paragraph 1 or 3 to the extent that—

(a) in the case of a previous notification given to that person under
paragraph 5, OFCOM have determined for the purposes of
30paragraph 7(2) that a contravention did occur, and

(b) in the period of 12 months following the day of the making of that
determination, one or more further notifications have been given to
that person in respect of contraventions of a requirement imposed
under paragraph 1 or 3.

(6) 35For the purposes of sub-paragraph (5) it does not matter whether the
notifications relate to the same contravention or to different contraventions
of the same or different requirements or of requirements under different
paragraphs.

10 (1) OFCOM are not to give a direction under paragraph 8 unless they have—

(a) 40notified the contravening person of the proposed direction and of the
conditions (if any) which they are proposing to impose by that
direction,

(b) provided the contravening person with an opportunity of making
representations about the proposals and of proposing steps for
45remedying the situation, and

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