(b) “the service” means the service mentioned in subsection
(A1)(a) or (b) (as the case may be).”

(3) In subsection (1)—

(a) for “a universal service provider” substitute “the operator”, and

(b) 5for “a universal postal service” substitute “the service”.

(4) In subsection (2)—

(a) for “a universal service provider” substitute “the operator”,

(b) for “the provider”, in both places, substitute “the operator”, and

(c) in paragraph (b), for “an inland packet” substitute “a postal packet”.

(5) 10In subsection (3)—

(a) for “the universal service provider concerned” substitute “the
operator”,

(b) for “the provider” substitute “the operator”, and

(c) in paragraph (b), for “an inland packet” substitute “a postal packet”.

26 (1) 15Section 91 (limited liability for registered inland packets) is amended as
follows.

(2) In the heading, for “registered inland packets” substitute “postal packets”.

(3) In subsection (1)—

(a) for “a universal service provider” substitute “a postal operator”,

(b) 20for “an inland packet” substitute “a postal packet”, and

(c) for “the universal service provider” substitute “the operator”.

(4) In subsection (2), for “the universal service provider” substitute “the postal
operator”.

(5) In subsection (4), for “universal service provider” substitute “postal
25operator”.

(6) Omit subsection (6).

27 In section 93(2) (power to modify sections 89 to 92 of that Act), for “the
Commission” substitute “OFCOM”.

28 (1) Section 97 (harbour charges on mail-bags) is amended as follows.

(2) 30In subsection (1)—

(a) in paragraph (a), for “a universal service provider in connection with
the provision of a universal postal service” substitute “a postal
operator in connection with the provision of postal services”, and

(b) in paragraphs (b) and (c), for “such a provider in connection with the
35provision of such a service” substitute “a postal operator in
connection with the provision of postal services”.

(3) In subsection (2)(b), for “a universal service provider in connection with the
provision of a universal postal service” substitute “a postal operator in
connection with the provision of postal services”.

29 40In section 98 (mail-bags not to be subject to control by harbour authorities)—

(a) in paragraph (a), for “a universal service provider in connection with
the provision of a universal postal service” substitute “a postal
operator in connection with the provision of postal services”,

(b) in paragraph (b), for “such a provider in the provision of such a
service” substitute “a postal operator in connection with the
provision of postal services”,

(c) in paragraph (c), for “such a provider in connection with the
5provision of such a service” substitute “a postal operator in
connection with the provision of postal services”, and

(d) in paragraph (d), for “a universal service provider in connection with
the provision of a universal postal service” substitute “a postal
operator in connection with the provision of postal services”.

30 10In section 99 (common carriers)—

(a) for “universal service provider” substitute “postal operator”, and

(b) for “a universal postal service” substitute “postal services”.

31 (1) Section 100 (certain exemptions from postage etc.) is amended as follows.

(2) Omit subsections (1) to (3).

(3) 15In subsection (4)—

(a) for “universal service provider” substitute “postal operator”, and

(b) for “a universal postal service” substitute “postal services”.

(4) In subsection (5), for “universal service provider” substitute “postal
operator”.

32 (1) 20Section 101 (directions in interests of national security etc) is amended as
follows.

(2) In subsection (1), for the words from “such directions” to “functions”
substitute “a direction to OFCOM in connection with the exercise of their
functions relating to postal services”.

(3) 25In subsection (2), for “the Commission” substitute “OFCOM”.

(4) In subsection (3), for the words from “such directions” to the end substitute
“a direction (relating to the provision of postal services) to—

“(a) a postal operator,

(b) a description of postal operators, or

(c) 30all postal operators.”

(5) In subsection (4), for “licence holder” substitute “postal operator”.

(6) In subsection (5), for “the Commission” substitute “OFCOM”.

(7) For subsection (6) substitute—

“(6) Before giving a direction under subsection (3) to a particular postal
35operator (as opposed to all postal operators or a description of them),
the Secretary of State must consult the operator.”

(8) In subsection (7)(a), for “the Commission” substitute “OFCOM”.

33 (1) Section 102 (power to ensure compliance with the Postal Services Directive)
is amended as follows.

(2) 40In subsection (1)(a)(i), for “a Community obligation” substitute “an EU
obligation”.

(3) In subsection (3)(a), for “the Commission” substitute “OFCOM”.

34 In section 104(3) (inviolability of mails)—

(a) omit paragraphs (a) and (b), and

(b) before paragraph (c) insert—

“(ba) a power conferred by section 104A,”.

35 5After section 104 insert—

“104A Power to detain packets in respect of unpaid or underpaid postage

(1) A postal operator—

(a) may detain any postal packet in respect of which there has
been no payment, or an underpayment, for postage, and

(b) 10may impose a surcharge in respect of that non-payment or
underpayment.

(2) A postal operator may detain the packet until the correct postage and
any surcharge have been paid.

(3) OFCOM may give a direction to a postal operator—

(a) 15limiting the amount of any surcharge, and

(b) limiting the length of time for which a postal packet may be
detained under subsection (2) (and, if a direction is given
under this paragraph, that subsection has effect subject to the
direction).

(4) 20Where a direction is given to an operator limiting the amount of a
surcharge, subsection (2) has effect in relation to the operator (in any
case where the surcharge would otherwise exceed the amount
specified in the direction) as if the surcharge were equal to the
amount specified in the direction.

(5) 25Before giving a direction to a postal operator under this section,
OFCOM must—

(a) inform the operator that they propose to give it a direction,
and

(b) allow the operator an opportunity to make representations
30about the proposal.”

36 In section 105 (application of customs and excise enactments to certain
postal packets), after subsection (4) insert—

“(4A) A postal operator may detain a postal packet to which this section
applies until any duties and charges in respect of the packet that are
35recoverable by virtue of subsection (3) have been paid.”

37 After section 105 insert—

“105A Section 105: limit on handling charges etc

(1) OFCOM may give a direction to a postal operator—

(a) limiting the amount of any handling charge, and

(b) 40limiting the length of time for which a postal packet may be
detained under section 105(4A) (and, if a direction is given
under this paragraph, that subsection has effect subject to the
direction).

(2) Where a direction is given to an operator limiting the amount of a
45handling charge, section 105(3) to (4A) have effect in relation to the

operator (in any case where the charge would otherwise exceed the
amount specified in the direction) as if the charge were equal to the
amount specified in the direction.

(3) Before giving a direction to a postal operator under this section,
5OFCOM must—

(a) inform the operator that they propose to give it a direction,
and

(b) allow the operator an opportunity to make representations
about the proposal.

(4) 10In this section “handling charge” means a charge payable to a postal
operator, in respect of a postal packet, for the performance by the
operator of all or any of the duties mentioned in section 105(2)(c).”

38 (1) Section 111 (exclusion of liability in relation to postal and money orders) is
amended as follows.

(2) 15In subsection (1)—

(a) for “the Post Office company”, in the first place, substitute “a Post
Office company”, and

(b) in paragraphs (a) and (b), for “the Post Office company” substitute
“the company”.

(3) 20In subsections (2) and (3), for “the Post Office company” substitute “a Post
Office company”.

(4) In subsection (4)—

(a) for “the Post Office company”, in the first place, substitute “a Post
Office company”, and

(b) 25for “the Post Office company”, in the second place, substitute “the
company”.

(5) In subsection (5)—

(a) for “the Post Office company”, in the first place, substitute “a Post
Office company”, and

(b) 30for “the Post Office company”, in the second place, substitute “the
company”.

(6) In subsection (6)—

(a) for “the Post Office company”, in the first place, substitute “a Post
Office company”, and

(b) 35for “the Post Office company”, in the second and third places,
substitute “the company”.

(7) In subsection (7), for “the Post Office company” substitute “a Post Office
company”.

(8) After subsection (8) insert—

“(8A) 40In this section and sections 112 to 114 “Post Office company” has the
meaning given by section 6 of the Postal Services Act 2011.”

39 (1) Section 112 (schemes in relation to postal and money orders) is amended as
follows.

(2) In subsections (1) and (2), for “The Post Office company” substitute “A Post
45Office company”.

(3) In subsections (5) and (8), for “the Post Office company” substitute “a Post
Office company”.

40 (1) Section 113 (recoupment of losses on wrongly paid money orders) is
amended as follows.

(2) 5In subsection (1)—

(a) in paragraph (a), for “the Post Office company” substitute “a Post
Office company”, and

(b) in paragraph (b), for “the Post Office company” substitute “a Post
Office company (“the company”)”.

(3) 10In subsection (2), for “the Post Office company” substitute “the company”.

41 (1) Section 114 (special arrangements with other countries or territories) is
amended as follows.

(2) In subsection (1), for “the Post Office company” substitute “a Post Office
company”.

(3) 15In subsection (2)—

(a) for “the Post Office company”, in the first place, substitute “a Post
Office company”, and

(b) for “the Post Office company”, in the second place, substitute “the
company”.

42 (1) 20Section 116 (the Postcode Address File) is amended as follows.

(2) In subsection (2), for “the Commission” substitute “OFCOM”.

(3) After that subsection insert—

“(2A) OFCOM may give a direction to the owner for the time being of the
Postcode Address File requiring the owner—

(a) 25to issue, and comply with, a code of practice dealing with the
making of revisions to the File, or

(b) to make such modifications of the code as are specified in the
direction.

(2B) A direction under subsection (2A) is enforceable under Schedule 7 to
30the Postal Services Act 2011; but, where it is given to a person who is
not providing a postal service, that Schedule has effect with the
omission of paragraphs 7(2) and (3), 8(4) and 11.”

(4) After subsection (4) insert—

“(5) OFCOM may give a direction to the owner of the Postcode Address
35File as to the terms that may be imposed under subsection (1)(b).

(6) If it does so, no term that contravenes the direction may be imposed
under that provision.”

43 Omit section 117 (records of the former Postmaster General’s department).

44 Omit section 118 (supplementary provisions about the Council).

45 40Omit section 119 (general restriction on disclosure of information).

46 (1) Section 122 (orders and regulations) is amended as follows.

(2) In subsection (3), omit “9, 10,”.

(3) In subsection (5), omit “8,”.

(4) In subsection (10), omit “10, 38(8), 58(7), 59(2),” and “, paragraph 4 of
Schedule 7”.

(5) 5In subsection (12), omit “8, 9, 30(2),”.

47 In section 123 (directions), at the end insert—

“(4) OFCOM may give a direction under this Act only if they are satisfied
that the direction—

(a) is objectively justifiable,

(b) 10does not discriminate unduly against particular persons or a
particular description of persons,

(c) is proportionate to what it is intended to achieve, and

(d) is transparent in relation to what it is intended to achieve.”

48 In section 124(1) (general financial provision), omit paragraph (a).

49 (1) 15Section 125(1) (interpretation) is amended as follows.

(2) After the definition of “notice” insert—

• ““OFCOM” means the Office of Communications,”.

(3) For the definition of “postal operator” substitute—

• ““postal operator” has the same meaning as in Part 3 of the
  20Postal Services Act 2011 (see section 27(3) to (5) of that Act)),”.

(4) In the definition of “the Postal Services Directive”, for the words from
“implementation” to the end substitute “improvement of quality of service,
as amended from time to time,”.

(5) After the definition of “public holiday” insert—

• 25““public post office” means any post office from which any
  postal services are provided directly to the public (whether or
  not together with other services),”.

(6) After the definition of “subordinate legislation” insert—

• “references to the provision of a “universal postal service” are to
  30be read in accordance with sections 30 to 33 and section 65(3)
  of the Postal Services Act 2011,

• “universal postal service letter box” has the meaning given by
  section 86 of this Act,

• “universal postal service post office” has the meaning given by
  35that section,

• “universal service provider” has the meaning given by section
  65(1) of the Postal Services Act 2011,”.

50 Omit section 126 (index).

51 Omit Schedule 1 (the Postal Services Commission).

52 (1) 40Schedule 3 (transfer to the Post Office company: supplementary provisions)
is amended as follows.

(2) Omit paragraphs 6(1), 7, 9 and 10.

(3) In the other provisions, for “the Post Office company”, in each place,
substitute “the original holding company”.

53 In Schedule 4 (transfer to the Post Office company: tax), omit paragraphs 5
and 9.

54 (1) 5Schedule 5 (acquisition of land) is amended as follows.

(2) In paragraph 1(1), for “required for any purpose in connection with the
provision of a universal postal service” substitute “where it is necessary to
do so for the purpose of providing a universal postal service”.

(3) In paragraph 2(1), for “required for any purpose in connection with the
10provision of a universal postal service” substitute “where it is necessary to
do so for the purpose of providing a universal postal service”.

(4) In paragraph 3(1), for paragraphs (a) and (b) substitute—

“(a) which it is necessary to acquire for the purpose of
providing a universal postal service, or

(b) 15as to which it can reasonably be foreseen that it will be so
necessary,”.

55 Omit Schedule 7 (disclosure of information).

Part 2 Communications Act 2003

56 20The Communications Act 2003 is amended as follows.

57 In section 3 (general duties of OFCOM), after subsection (6) insert—

“(6A) Where it appears to OFCOM, in relation to the carrying out of any of
their functions in relation to postal services, that any of their general
duties conflict with their duty under section 29 of the Postal Services
25Act 2011 (duty to secure provision of universal postal service),
priority must be given to their duty under that section.”

58 In section 14 (consumer research), after subsection (6) insert—

“(6A) OFCOM must make arrangements for ascertaining—

(a) the state of public opinion from time to time about the way in
30which postal services are provided;

(b) the experiences of consumers in the markets for postal
services, in relation to the way in which those services are
provided;

(c) the experiences of such consumers in relation to the handling,
35by persons providing postal services, of complaints made to
them by such consumers;

(d) the experiences of such consumers in relation to the
resolution of disputes with persons providing postal
services;

(e) 40the interests and experiences of such consumers in relation to
matters that are incidental to or otherwise connected with
their experiences of the provision of postal services.”

59 (1) Section 16 (consumer consultation) is amended as follows.

(2) In subsection (1)(b), at the end insert “(other than postal services)”.

(3) In subsection (3)—

(a) in paragraph (c), for “any such services or facilities” substitute “a
service or facility mentioned in subsection (4)(a) to (e)”, and

(b) 5in paragraph (e), for “such services or facilities” substitute “services
or facilities mentioned in subsection (4)”.

(4) In subsection (4)—

(a) omit “and” at the end of paragraph (d), and

(b) after paragraph (e) insert—

“(f) 10postal services.”

(5) In subsection (13), in paragraph (a) of the definition of “domestic and small
business consumer”, for “any such services or facilities” substitute “a service
or facility mentioned in subsection (4)(a) to (e)”.

60 (1) Section 22(5) (representation on international and other bodies) is amended
15as follows.

(2) In the definition of “communication functions”, omit the “and” at the end of
paragraph and after that paragraph insert—

• “( ba)

  functions relating to postal services; and”.

(3) In the definition of “international meetings about communication”, after
20paragraph (b) insert—

• “( ba)

  the regulation of postal services;”.

61 (1) Section 26 (publication of information and advice for consumers etc) is
amended as follows.

(2) In subsection (2)—

(a) 25omit the “and” at the end of paragraph (c), and

(b) after paragraph (d) insert—

“(e) the customers of persons who provide postal
services.”

(3) After that subsection insert—

“(2A) 30In subsection (2)(e) the reference to customers of persons who
provide postal services includes—

(a) persons who wish to be provided with such services,

(b) persons who are likely to seek to be provided with such
services, and

(c) 35addressees.”

62 In section 369(1) (matters in relation to which OFCOM have competition
functions), after paragraph (e) insert—

“(f) the provision of postal services.”

63 (1) Section 370 (OFCOM’s functions under Part 4 of the Enterprise Act 2002) is
40amended as follows.

(2) In subsection (11), for “section 3 does not” substitute “section 3 of this Act
(general duties) and section 29 of the Postal Services Act 2011 (duty to secure
provision of universal postal service) do not”.

(3) In subsection (12), for “section 3(1) to (4)” substitute “section 3(1) to (4) of this
Act or section 29 of the Postal Services Act 2011”.

64 (1) Section 371 (OFCOM’s functions under Competition Act 1998) is amended
as follows.

(2) 5In subsection (11), for “section 3 does not” substitute “section 3 of this Act
(general duties) and section 29 of the Postal Services Act 2011 (duty to secure
provision of universal postal service) do not”.

(3) In subsection (12), for “section 3(1) to (4)” substitute “section 3(1) to (4) of this
Act or section 29 of the Postal Services Act 2011”.

65 10In section 394(2) (service of notifications and other documents)—

(a) omit the “and” at the end of paragraph (e), and

(b) at the end insert—

“(g) Part 3 of the Postal Services Act 2011.”

66 In section 400(1) (destination of licence fees and penalties), at the end
15insert—

“(i) an amount paid to OFCOM in respect of a penalty imposed
by them under Part 3 of the Postal Services Act 2011.”

67 In section 404(4) (criminal liability of company directors etc.)—

(a) omit the “or” at the end of paragraph (d), and

(b) 20at the end insert “; or

(f) Part 3 of the Postal Services Act 2011.”

68 (1) Section 405 (general interpretation) is amended as follows.

(2) In subsection (1), after the definition of “other member State” insert—

• ““postal services” has the meaning given by section 27 of the
  25Postal Services Act 2011;”.

(3) After subsection (5) insert—

“(5A) References in this Act to consumers in a market for a service include,
where the service is a postal service, addressees.”