Postal Services Bill (HL Bill 70)

(b) the making of representations or observations at an oral hearing.

(3) The rules may make different provision for different cases.

(4) The Commission must publish the rules in such manner as it considers
appropriate for the purpose of bringing them to the attention of those likely to
10be affected by them.

(5) Before making the rules, the Commission must consult such persons as it
considers appropriate.

(6) The Secretary of State may by order—

(a) apply any of sections 109 to 117 of the Enterprise Act 2002
15(investigation powers of the Commission), with or without
modifications, in relation to appeals made under section 59, and

(b) make provision for and in connection with the extension of the period
within which appeals must be determined in cases where requirements
imposed under section 109 of that Act (as applied) have not been
20complied with.

(7) An order under subsection (6) applying an enactment under which a criminal
or civil penalty could be imposed may not provide for the penalty to be greater
than that which could be imposed under the enactment.

(8) An order under subsection (6) is subject to negative resolution procedure.

25Supplementary and consequential provisions

61 Duties in relation to social and environmental matters

(1) The Secretary of State may from time to time give guidance about the making
by OFCOM, in the carrying out of their functions in relation to postal services,
of a contribution towards the attainment of any social or environmental
30policies set out or referred to in the guidance.

(2) OFCOM must, when carrying out their functions in relation to postal services,
have regard to any guidance given under subsection (1).

(3) Before giving any such guidance, the Secretary of State must consult—

(a) OFCOM,

(b) 35the National Consumer Council, and

(c) such other persons as the Secretary of State considers appropriate.

(4) A draft of any guidance proposed to be given under subsection (1) must be laid
before Parliament.

(5) Guidance may not be given under subsection (1) until after the end of the
40period of 40 days beginning with the day on which the draft is laid before