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(a) setting out the terms of the scheme that the operator proposes
to make,

(b) stating that OFCOM are proposing to give a direction under
15subsection (2) modifying the scheme,

(c) setting out the effect of the proposed modification,

(d) giving reasons for making the proposed modification, and

(e) specifying the period within which representations may be
made to them about the proposed modification.

(4) 20The specified period must be at least one month beginning with the
day after the day the notification under subsection (3) is published.

(5) OFCOM may not give a direction under subsection (2) unless they
have considered every representation and proposal made to them
during the period specified in that notification.

(6) 25If the scheme is not in force at the time at which that notification is
published, the operator may not bring the scheme into force until
such time as OFCOM may direct.

(7) OFCOM must publish a notification of any direction that they make
under subsection (2).

(8) 30The publication of a notification under this section must be in such
manner as OFCOM consider appropriate for bringing its contents to
the attention of such persons as they consider appropriate.

(9) An obligation imposed on a postal operator by a direction under
subsection (2) is enforceable by OFCOM under Schedule 7 to the
35Postal Services Act 2011 (enforcement of regulatory requirements).

25 (1) Section 90 (exclusion of liability) is amended as follows.

(2) Before subsection (1) insert—

(A1) This section applies in relation to—

(a) the provision by a universal service provider of a universal
40postal service, and

(b) the provision by a postal operator of a service in relation to
which a scheme under section 89 (made by the operator)
applies.

(A2) In this section—

(a) 45“the operator” means the universal service provider or the
postal operator concerned, and

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Contents page 120-9 130-9 140-9 150-9 160-9 170-9 180-9 190-9 200-9 210-9 220-9 230-9 240-9 250-9 260-9 Last page