|
| |
|
immediately before the appointed day were, according to section 7A |
| |
of that Act, not outside the scope of the universal postal service in the |
| |
| |
Provisional designation of the universal service provider |
| |
3 (1) | OFCOM may before the appointed day designate provisionally, with effect |
| 5 |
from that date, the universal service provider. |
| |
(2) | Any such provisional designation must be— |
| |
(a) | notified to the person designated, |
| |
(b) | published in such manner as OFCOM consider appropriate for |
| |
bringing it to the attention of the persons who, in their opinion, are |
| 10 |
likely to be affected by it, and |
| |
(c) | notified to the European Commission. |
| |
(3) | Whilst in force a provisional designation has the same effect as designation |
| |
| |
(4) | A provisional designation ceases to have effect on the making of the first |
| 15 |
designation under that section. |
| |
Regulatory conditions applicable as from appointed day |
| |
4 (1) | OFCOM must determine before the end of the transitional period what |
| |
regulatory conditions (“initial conditions”) are to apply to postal operators |
| |
on and after the appointed day. |
| 20 |
(2) | The initial conditions applicable to— |
| |
(a) | the universal service provider, and |
| |
(b) | other postal operators, |
| |
| must be to substantially the same effect as the licence conditions applying |
| |
immediately before the appointed day to the universal service provider or, |
| 25 |
as the case may be, in relation to the corresponding description of operator, |
| |
except so far as it appears to OFCOM unnecessary to maintain the existing |
| |
| |
(3) | The provisions of Part 3 of this Act as to what regulatory conditions may be |
| |
| 30 |
(a) | have effect subject to sub-paragraph (2) in their application to the |
| |
imposition of initial conditions, and |
| |
(b) | do not apply in relation to the modification of initial conditions. |
| |
(4) | If OFCOM modify the initial conditions, they may not impose any |
| |
conditions that could not have been imposed under Part 2 of the Postal |
| 35 |
| |
(5) | The provisions of Part 3 of this Act about— |
| |
(a) | the procedure for imposing, modifying or revoking regulatory |
| |
| |
(b) | appeals against price control decisions, |
| 40 |
| apply to initial conditions as to other regulatory conditions. |
| |
Power to extend operation of time-limited licence condition |
| |
5 (1) | If it appears to the Secretary of State— |
| |
|
| |
|
| |
|
(a) | that a licence condition applicable before the appointed day to the |
| |
universal service provider depends for its continuing operation on |
| |
forecast figures indicating the volume of business in future periods |
| |
(“index years”) set out in the condition, and |
| |
(b) | that the index years and forecast figures set out in the condition do |
| 5 |
not extend beyond the index year ending 31st March 2010, |
| |
| the Secretary of State may by order amend that condition so as to specify a |
| |
forecast figure for the index year ending 31st March 2011. |
| |
(2) | The power of the Secretary of State is limited to inserting a forecast figure |
| |
produced by applying the same methods as were used by the Postal Services |
| 10 |
Commission to determine the forecast figure for the index years presently |
| |
set out in the condition. |
| |
(3) | If it appears to the Secretary of State that the Postal Services Commission has |
| |
produced, using those methods, a forecast figure for the index year ending |
| |
31st March 2011, the Secretary of State may adopt the Commission’s figure |
| 15 |
and need not repeat, or examine the basis of, the work done by the |
| |
Commission in producing that figure. |
| |
(4) | Before making an order under this paragraph the Secretary of State must— |
| |
(a) | consult the universal service provider and such other persons as the |
| |
Secretary of State considers appropriate, and |
| 20 |
(b) | consider any representations made before the end of the consultation |
| |
| |
| The consultation period, in relation to a person, is the period of 21 days |
| |
beginning with the day on which that person is consulted. |
| |
(5) | The requirements of sub-paragraph (4) may be met by consultation and |
| 25 |
consideration before the passing of this Act. |
| |
(6) | If an order under this paragraph is made before the appointed day, the |
| |
reference in paragraph 4(2) to the licence conditions applicable immediately |
| |
before that day is to be read accordingly as a reference to the conditions as |
| |
| 30 |
Anticipatory exercise of powers |
| |
6 (1) | During the transitional period the provisions of Part 3 of this Act relating |
| |
| |
(a) | the making of the universal postal service order, |
| |
(b) | the designation of the universal service provider, and |
| 35 |
(c) | the imposition of conditions on postal operators, |
| |
| have effect so far as necessary to enable OFCOM to undertake work with a |
| |
view to making an order or designation, or imposing conditions, under that |
| |
Part as soon as practicable on or after the appointed day. |
| |
(2) | The work referred to in sub-paragraph (1) includes, in particular— |
| 40 |
(a) | the assessment required by section 32(2) of the extent to which the |
| |
market for the provision of postal services in the United Kingdom is |
| |
meeting the reasonable needs of the users of the those services, and |
| |
(b) | consultation with existing licensed operators and others in |
| |
connection with that assessment. |
| 45 |
|
| |
|
| |
|
7 | The provisions of Part 3 of this Act also come into force at the beginning of |
| |
the transitional period so far as necessary to enable the making of any |
| |
regulations, order or scheme by OFCOM or the Secretary of State. |
| |
8 (1) | The provisions of section 54 and Schedule 8 (information) have effect during |
| |
the transitional period so far as necessary for the purposes of the carrying |
| 5 |
out by OFCOM of their functions during or after that period. |
| |
(2) | The provisions of section 55 (general restriction on disclosure of |
| |
information) have effect accordingly. |
| |
Consultation on exercise of existing regulatory functions |
| |
9 | During the transitional period the Postal Services Commission must consult |
| 10 |
OFCOM before taking any step with a view to modifying or revoking the |
| |
conditions of a licence under Part 2 of the Postal Services Act 2000 (c. 26). |
| |
References to universal service provider |
| |
10 | References in this Schedule to the universal service provider, in relation to |
| |
periods before the appointed day, are to the operator whose identity is for |
| 15 |
the time being notified to the European Commission as being the provider |
| |
of a universal postal service in the United Kingdom. |
| |
| |
11 | Nothing in this Schedule is to be read as impliedly restricting the generality |
| |
of the power to make transitional provision by order under section 64(4). |
| 20 |
| |
| |
Minor and consequential amendments and repeals |
| |
| |
Amendments of the Postal Services Act 2000 (c. 26) |
| |
1 | The Postal Services Act 2000 is amended as follows. |
| 25 |
2 | Omit sections 1 and 3 to 5 (introductory). |
| |
3 | Omit sections 6 to 41 (licences for postal services). |
| |
4 | Omit sections 42 to 50 (the Postal Services Commission). |
| |
5 | Omit sections 60 to 61A (the Postal Services Commission and the Council). |
| |
6 | In section 62 (transfer of property etc to nominated company), omit |
| 30 |
subsections (1) to (5), (7) and (8). |
| |
7 | Omit sections 63 to 67 (reorganisation of the Post Office). |
| |
8 (1) | Section 68 (loans by the Secretary of State to the Post Office company etc) is |
| |
| |
|
| |
|
| |
|
(2) | In the title, for “the Post Office company and its subsidiaries” substitute |
| |
| |
(3) | In subsection (1), for “the Post Office company or any of its subsidiaries” |
| |
substitute “a relevant company”. |
| |
(4) | After that subsection insert— |
| 5 |
“(1A) | In this Part “relevant company” means— |
| |
(a) | a Post Office company, |
| |
(b) | a Royal Mail company, or |
| |
(c) | a company in the same group as a company within |
| |
| 10 |
9 (1) | Section 69 (guarantees by the Secretary of State for the Post Office company |
| |
etc) is amended as follows. |
| |
(2) | In the title, for “the Post Office company and its subsidiaries” substitute |
| |
| |
(3) | In subsection (1), for “the Post Office company or any of its subsidiaries” |
| 15 |
substitute “a relevant company”. |
| |
(4) | In subsection (3), for “the Post Office company or the subsidiary concerned” |
| |
substitute “the relevant company”. |
| |
10 (1) | Section 70 (extinguishment of certain liabilities) is amended as follows. |
| |
(2) | In subsections (1) and (2), for “the Post Office company or of any of its |
| 20 |
subsidiaries” substitute “a relevant company”. |
| |
(3) | For subsections (3) and (4) substitute— |
| |
“(3) | Before exercising a power under subsection (1) or (2), the Secretary |
| |
| |
(a) | the relevant company, and |
| 25 |
(b) | if the relevant company has one or more parent companies, |
| |
the parent company that does not itself have a parent |
| |
| |
11 | In section 71(1) and (2) (limit on loans and other arrangements with |
| |
government), for “the Post Office company and any of its subsidiaries” |
| 30 |
substitute “relevant companies”. |
| |
12 (1) | Section 72 (reserves of the Post Office company and its subsidiaries) is |
| |
| |
(2) | In the title, for “the Post Office company and its subsidiaries” substitute |
| |
| 35 |
| |
(a) | for “the Post Office company”, in the first place it occurs, substitute |
| |
“a relevant company that does not have a parent company (“the |
| |
| |
(b) | in paragraphs (a), (b) and (c), for “the Post Office company” |
| 40 |
substitute “the relevant company”. |
| |
|
| |
|
| |
|
(4) | For subsection (6) substitute— |
| |
“(5A) | No direction under this section may be given to, or in respect of, a |
| |
company that is not owned in its entirety by the Crown. |
| |
(6) | Before giving a direction under this section to a company, the |
| |
Secretary of State must consult the company.” |
| 5 |
13 | In section 73 (statutory accounts of the Post Office company), for “the Post |
| |
Office company” (in each place) substitute “the original holding company”. |
| |
14 (1) | Section 74 (further provisions relating to the capital structure of the Post |
| |
Office company) is amended as follows. |
| |
(2) | In the title, for “the Post Office company” substitute “certain relevant |
| 10 |
| |
(3) | In subsection (1), for “the Post Office company” substitute “a relevant |
| |
company within subsection (1A)”. |
| |
(4) | After that subsection insert— |
| |
“(1A) | A relevant company is within this subsection if— |
| 15 |
(a) | it is owned in its entirety by the Crown, and |
| |
(b) | it does not have a parent company.” |
| |
| |
(a) | for “The Post Office company” substitute “A relevant company |
| |
| 20 |
(b) | at the end insert “(or their nominees)”. |
| |
(6) | In subsection (5), for “section 63” substitute “section 5 of the Postal Services |
| |
| |
(7) | In subsection (7)(b), for “the Post Office company” substitute “the relevant |
| |
| 25 |
15 | Omit section 75 (dissolution of the Post Office). |
| |
16 (1) | Section 77 (publicity requirements for certain accounts and reports of the |
| |
Post Office company) is amended as follows. |
| |
(2) | In the title, omit “of the Post Office company”. |
| |
(3) | In subsections (1) and (2), for “The Post Office company” substitute “A |
| 30 |
company to which this section applies”. |
| |
(4) | After subsection (3) insert— |
| |
“(3A) | This section applies to the following companies— |
| |
(a) | the original holding company; |
| |
(b) | a Post Office company; |
| 35 |
(c) | a Royal Mail company.” |
| |
17 (1) | Section 78 (information requirements on the Post Office company) is |
| |
| |
(2) | In the title, for “the Post Office company” substitute “certain relevant |
| |
| 40 |
|
| |
|
| |
|
(3) | In subsection (1), for “, on or after the appointed day, serve notice on the Post |
| |
Office company” substitute “serve notice on a relevant company that does |
| |
not have a parent company”. |
| |
18 | Omit section 79 (exercise of functions through nominees). |
| |
19 | In section 80(1) (shadow directors), for “the Post Office company” substitute |
| 5 |
| |
20 | In section 82(1) (interpretation of Part 4)— |
| |
(a) | after the definition of “the appointed day” insert— |
| |
““company” includes any body corporate,”; |
| |
(b) | for the definitions of “the Post Office company” and “relevant |
| 10 |
| |
“any reference to a company being in the same “group” |
| |
as another company is to be read in accordance with |
| |
section 1161(5) of the Companies Act 2006, |
| |
“the original holding company” has the meaning given |
| 15 |
by section 17 of the Postal Services Act 2009, |
| |
“owned in its entirety by the Crown”, in relation to a |
| |
company, has the meaning given by section 10 of that |
| |
| |
any reference to a company being a “parent” of another |
| 20 |
company is to be read in accordance with section 1162 |
| |
of the Companies Act 2006, |
| |
“Post Office company” has the meaning given by section |
| |
2 of the Postal Services Act 2009, |
| |
“relevant company” has the meaning given by section |
| 25 |
| |
“Royal Mail company” has the meaning given by section |
| |
4 of the Postal Services Act 2009,”; |
| |
(c) | omit the definition of “share rights”; |
| |
(d) | omit the definition of “wholly owned by the Crown”. |
| 30 |
21 | For the title of Part 6 substitute “Postal services: supplementary”. |
| |
22 (1) | Section 89 (schemes as to terms and conditions for provision of a universal |
| |
postal service) is amended as follows. |
| |
(2) | In the title, for “a universal postal service” substitute “postal services”. |
| |
(3) | For subsection (1) substitute— |
| 35 |
“(1) | A postal operator may make a scheme under this section in relation |
| |
to any or all of the postal services provided by the operator.” |
| |
| |
(a) | at the end of paragraph (a), insert “and”; |
| |
(b) | omit paragraph (c) (together with the “and” immediately before it). |
| 40 |
(5) | In subsections (3)(a), (4)(a) and (7), for “the universal service provider |
| |
concerned” substitute “the postal operator”. |
| |
|
| |
|
| |
|
23 | After section 89 insert— |
| |
“89A | Powers of OFCOM in relation to schemes |
| |
(1) | A postal operator may not make a scheme under section 89 unless— |
| |
(a) | the operator has notified OFCOM of the scheme that the |
| |
operator is proposing to make, and |
| 5 |
(b) | the operator has carried out a consultation exercise in relation |
| |
to the proposed scheme in accordance with requirements |
| |
contained in a notification published by OFCOM. |
| |
(2) | OFCOM may give a direction to a postal operator who has notified a |
| |
scheme to them under subsection (1)(a) requiring the operator to |
| 10 |
make such modifications of the scheme as are specified in the |
| |
| |
(3) | Before giving a direction under subsection (2), OFCOM must publish |
| |
| |
(a) | setting out the terms of the scheme that the operator proposes |
| 15 |
| |
(b) | stating that OFCOM are proposing to give a direction under |
| |
subsection (2) modifying the scheme, |
| |
(c) | setting out the effect of the proposed modification, |
| |
(d) | giving reasons for making the proposed modification, and |
| 20 |
(e) | specifying the period within which representations may be |
| |
made to them about the proposed modification. |
| |
(4) | The 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 |
| 25 |
have considered every representation and proposal made to them |
| |
during the period specified in that notification. |
| |
(6) | If 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. |
| 30 |
(7) | OFCOM must publish a notification of any direction that they make |
| |
| |
(8) | The 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. |
| 35 |
(9) | An obligation imposed on a postal operator by a direction under |
| |
subsection (2) is enforceable by OFCOM under Schedule 7 to the |
| |
Postal Services Act 2009 (enforcement of regulatory requirements).” |
| |
24 (1) | Section 90 (exclusion of liability) is amended as follows. |
| |
(2) | Before subsection (1) insert— |
| 40 |
“(A1) | This section applies in relation to— |
| |
(a) | the provision by the universal service provider of a universal |
| |
| |
|
| |
|