|
| |
|
Requirement 6: services to blind or partially sighted |
| |
| The provision free of charge of such postal services as are specified |
| |
in the universal postal service order to such descriptions of blind or |
| |
partially sighted persons as are so specified. |
| |
Requirement 7: legislative petitions and addresses |
| 5 |
| A service of conveying free of charge qualifying legislative petitions |
| |
| |
31 | Section 30: definitions |
| |
(1) | “Insured items service” means a service of conveying postal packets from one |
| |
place to another by post which, in the event of the theft or loss of or damage to |
| 10 |
the packets, provides for the payment of an amount up to the value of the |
| |
packets as declared by the sender. |
| |
(2) | “Legislative petitions and addresses” means— |
| |
(a) | petitions and addresses to Her Majesty meeting the weight and covers |
| |
requirements which are sent by post to a member of a legislative body, |
| 15 |
(b) | petitions meeting those requirements which are addressed to a |
| |
legislative body and are sent by post to a member of such a body or to |
| |
the Clerk of the Scottish Parliament, or |
| |
(c) | petitions and addresses forwarded to Her Majesty or, in Northern |
| |
Ireland, to the Secretary of State. |
| 20 |
(3) | For the purposes of subsection (2)— |
| |
(a) | a “legislative body” means either House of Parliament, the Scottish |
| |
Parliament, the National Assembly for Wales or the Northern Ireland |
| |
| |
(b) | petitions or addresses meet the “weight and covers requirements” if |
| 25 |
they do not exceed 1 kilogram in weight and are sent without covers or |
| |
in covers open at the sides. |
| |
(4) | “Registered items service” means a service of conveying postal packets from |
| |
one place to another by post which provides— |
| |
(a) | for the registration of the packets in connection with their conveyance |
| 30 |
| |
(b) | for the payment of an amount determined by the person providing the |
| |
service in the event of the theft or loss of or damage to the packets. |
| |
(5) | In this section references to conveying postal packets from one place to another |
| |
| 35 |
(a) | the incidental services of receiving, collecting, sorting and delivering |
| |
| |
(b) | conveying them to places outside the United Kingdom. |
| |
32 | Exceptions to minimum requirements |
| |
(1) | Nothing in section 30 requires the doing of anything in relation to a letter or |
| 40 |
| |
(a) | whose weight exceeds 20 kilograms, or |
| |
|
| |
|
| |
|
(b) | whose dimensions fall outside the minimum and maximum |
| |
dimensions laid down in the Convention and the Agreement |
| |
concerning Postal Parcels adopted by the Universal Postal Union. |
| |
(2) | The requirements in section 30 in respect of the delivery or collection of letters |
| |
or other postal packets (requirements 1 and 2)— |
| 5 |
(a) | do not need to be met on any day which is (in the part of the United |
| |
Kingdom concerned) a public holiday, and |
| |
(b) | do not need to be met in such geographical conditions or other |
| |
circumstances as OFCOM consider to be exceptional. |
| |
(3) | Nothing in section 30 is to be read— |
| 10 |
(a) | as requiring a service to continue without interruption, suspension or |
| |
restriction in an emergency, or |
| |
(b) | as preventing individual agreements as to prices from being concluded |
| |
| |
33 | Review of minimum requirements |
| 15 |
(1) | OFCOM may from time to time review the extent to which the provision made |
| |
by section 30 reflects the reasonable needs of the users of postal services |
| |
provided in the United Kingdom. |
| |
(2) | A review under subsection (1) may, in particular, consider whether the |
| |
requirements imposed by that section could be altered so as better to reflect |
| 20 |
| |
(3) | OFCOM must send a copy of each review under subsection (1) to the Secretary |
| |
| |
(4) | The Secretary of State may at any time direct OFCOM to carry out a review |
| |
| 25 |
(5) | Where OFCOM have carried out a review under subsection (1), the Secretary |
| |
of State may by order amend section 30. |
| |
(6) | The provision that may be made by an order under subsection (5) does not |
| |
include the making of different provision in relation to different places in the |
| |
| 30 |
(7) | An order under subsection (5)— |
| |
(a) | is subject to affirmative resolution procedure, and |
| |
(b) | may include such amendments of this Part as the Secretary of State |
| |
considers necessary or expedient in consequence of any provision |
| |
| 35 |
Universal service providers |
| |
34 | Designation of universal service providers |
| |
(1) | OFCOM may designate one or more postal operators as universal service |
| |
| |
(2) | But there are only two cases in which there may be more than one postal |
| 40 |
operator designated as a universal service provider. |
| |
(3) | The first case is where— |
| |
|
| |
|
| |
|
(a) | OFCOM have made a procurement determination under section 43 |
| |
(fairness of bearing burden of universal service obligations), and |
| |
(b) | in the light of that determination, OFCOM consider it appropriate for |
| |
the number of postal operators designated as universal service |
| |
providers to be greater than one. |
| 5 |
(4) | The second case is where— |
| |
(a) | a postal administration order has been made under Part 4, and |
| |
(b) | OFCOM consider it appropriate for the number of postal operators |
| |
designated as universal service providers to be greater than one for, or |
| |
in connection with, achieving the objective of the postal administration. |
| 10 |
(5) | OFCOM must publish each designation in such way as they consider |
| |
appropriate for bringing it to the attention of members of the public. |
| |
(6) | The procedure to be followed for the making of a designation under this |
| |
section must be provided for in regulations made by OFCOM. |
| |
| 15 |
(a) | review the designations for the time being in force, and |
| |
(b) | consider what (if any) designated USP conditions should continue to |
| |
apply to each of the universal service providers. |
| |
(8) | The procedure to be followed on a review must be provided for in regulations |
| |
| 20 |
(9) | Regulations made by OFCOM must provide for a postal operator’s |
| |
designation to cease to have effect where, in any case described in the |
| |
regulations, the operator is no longer subject to any universal service |
| |
| |
(10) | Both the procedure for designations and the procedure for the conduct of |
| 25 |
review of designations provided for by regulations under this section must be |
| |
| |
(a) | to be efficient, objective, proportionate and transparent, and |
| |
(b) | not to involve, or to tend to give rise to, any undue discrimination |
| |
against any person or description of persons. |
| 30 |
(11) | OFCOM must notify the European Commission of the designations and of any |
| |
case where a designation ceases to have effect (and the notification must |
| |
identify the postal operator designated or ceasing to be designated). |
| |
35 | Designated USP conditions |
| |
(1) | OFCOM may impose a designated USP condition on a universal service |
| 35 |
| |
(2) | A designated USP condition is a condition requiring the provider to do one or |
| |
| |
(a) | to provide a universal postal service, or part of a universal postal |
| |
service, throughout the United Kingdom, or in a specified area of the |
| 40 |
United Kingdom, in accordance with the standards set out in the |
| |
universal postal service order, |
| |
(b) | to provide, or make arrangements for the provision of, access points for |
| |
the purposes of a universal postal service, |
| |
|
| |
|
| |
|
(c) | to provide specified information (at such times and in such manner as |
| |
OFCOM may direct) to other postal operators and users of postal |
| |
services about the services within paragraph (a) that it is required to |
| |
| |
(d) | to do anything else that OFCOM consider appropriate for the purposes |
| 5 |
of, or in consequence of, the obligations imposed under any of |
| |
| |
| In this subsection “specified” means specified in the condition. |
| |
(3) | OFCOM may impose a designated USP condition only if they consider it is |
| |
necessary to do so in order to secure the provision of a service of a description |
| 10 |
set out in the universal postal service order in accordance with the standards |
| |
| |
(4) | A designated USP condition may make provision as to the tariffs to be used for |
| |
determining prices in accordance with which a universal postal service, or part |
| |
of a universal postal service, is provided. |
| 15 |
(5) | In exercising the power conferred by subsection (4), OFCOM must seek to |
| |
| |
(a) | the prices are affordable, |
| |
(b) | the prices take account of the costs of providing the service or part of a |
| |
| 20 |
(c) | the prices provide incentives to provide the service or part of a service |
| |
| |
(6) | A designated USP condition may impose performance targets. |
| |
(7) | If there are two or more universal service providers— |
| |
(a) | OFCOM must secure that there is no overlap in the universal service |
| 25 |
obligations imposed on the providers, and |
| |
(b) | designated USP conditions may require the providers to make |
| |
arrangements for securing that a universal postal service operates |
| |
uniformly and effectively throughout the United Kingdom. |
| |
(8) | In this Part “universal service obligations”, in relation to a universal service |
| 30 |
provider, means the obligations imposed on the provider by any designated |
| |
| |
36 | Publication of information about performance |
| |
(1) | A designated USP condition must include provision requiring the universal |
| |
service provider concerned— |
| 35 |
(a) | to publish information about the extent to which it is providing |
| |
specified postal services in accordance with specified standards, and |
| |
(b) | to publish annually an independently audited performance report. |
| |
(2) | The reference here to an independently audited performance report is to a |
| |
| 40 |
(a) | contains information about the provider’s performance in complying |
| |
with specified requirements under the designated USP condition, and |
| |
(b) | is audited by an independent person for accuracy and, if there are two |
| |
or more universal service providers, for its usefulness in comparing |
| |
information published by other universal service providers. |
| 45 |
|
| |
|
| |
|
(3) | An “independent person” means a person who is independent of both OFCOM |
| |
and universal service providers. |
| |
(4) | OFCOM must notify the European Commission of anything contained in a |
| |
designated USP condition as a result of subsection (1). |
| |
(5) | A designated USP condition may require the universal service provider |
| 5 |
concerned to meet the costs of the audit required as a result of subsection (1)(b). |
| |
(6) | A designated USP condition may include other provision requiring the |
| |
universal service provider concerned to publish information about its |
| |
performance in complying with specified requirements under the designated |
| |
| 10 |
(7) | The provision made as a result of this section— |
| |
(a) | must include provision— |
| |
(i) | requiring information previously published to be updated and |
| |
| |
(ii) | requiring the published information to satisfy requirements |
| 15 |
that OFCOM consider appropriate to secure its adequacy, and |
| |
(b) | may include requirements as to the times at which, and the manner in |
| |
which, the information is to be published. |
| |
(8) | In this section “specified” means specified in the designated USP condition. |
| |
| 20 |
(1) | OFCOM may impose a USP access condition on a universal service provider. |
| |
(2) | A USP access condition is a condition requiring the provider to do either or |
| |
| |
(a) | to give access to its postal network to other postal operators or users of |
| |
| 25 |
(b) | to maintain a separation for accounting purposes between such |
| |
different matters relating to access (including proposed or potential |
| |
access) to its postal network as OFCOM may direct. |
| |
(3) | The provider’s “postal network” means the systems and all the resources used |
| |
by the provider for the purpose of complying with its universal service |
| 30 |
obligations (and, accordingly, includes arrangements made with others for the |
| |
provision of any service). |
| |
(4) | OFCOM may not impose a USP access condition unless it appears to them that |
| |
the condition is appropriate for each of the following purposes— |
| |
(a) | promoting efficiency, |
| 35 |
(b) | promoting effective competition, and |
| |
(c) | conferring significant benefits on the users of postal services. |
| |
(5) | In addition, OFCOM may not impose any price controls on a universal service |
| |
provider in a USP access condition unless it appears to them that the provider |
| |
| 40 |
(a) | might otherwise fix and maintain some or all of its prices at an |
| |
excessively high level with adverse consequences for users of postal |
| |
| |
(b) | might otherwise impose a price squeeze with adverse consequences for |
| |
users of postal services. |
| 45 |
|
| |
|
| |
|
(6) | In imposing price controls in a USP access condition in connection with the |
| |
giving of access to a universal service provider’s postal network or to part of |
| |
that network, OFCOM must have regard to such of the costs incurred in the |
| |
provision of that network, or part of that network, as OFCOM consider |
| |
| 5 |
(7) | In imposing price controls in a USP access condition OFCOM may— |
| |
(a) | have regard to the prices at which services are available in comparable |
| |
| |
(b) | determine what they consider to represent efficiency by using cost |
| |
| 10 |
(8) | In deciding what obligations to impose in a USP access condition in a particular |
| |
case, OFCOM must (in addition to taking into account anything relevant for |
| |
the purpose of performing their duty under section 28) take into account, in |
| |
particular, the following factors— |
| |
(a) | the technical and economic viability, having regard to the state of |
| 15 |
market development, of installing and using facilities that would make |
| |
the proposed access unnecessary, |
| |
(b) | the feasibility of giving the proposed access, |
| |
(c) | the investment made by the universal service provider concerned in |
| |
relation to the matters in respect of which access is proposed, |
| 20 |
(d) | the need to secure effective competition in the long term, and |
| |
(e) | any rights to intellectual property that are relevant to the proposal. |
| |
(9) | For the purposes of this section references to giving a person access to a |
| |
provider’s postal network include giving a person an entitlement to use, be |
| |
provided with or become a party to any services, facilities or arrangements |
| 25 |
comprised in the postal network. |
| |
| |
(a) | Part 1 makes provision about the kind of matters that may be included |
| |
in a USP access condition, and |
| |
(b) | Part 2 makes provision about the resolution of access disputes by |
| 30 |
| |
38 | USP accounting conditions |
| |
(1) | OFCOM may impose a USP accounting condition on a universal service |
| |
| |
(2) | A USP accounting condition is a condition requiring the provider to do one or |
| 35 |
| |
(a) | to maintain a separation for accounting purposes between such |
| |
different matters as OFCOM may direct for such purposes as they may |
| |
| |
(b) | to comply with rules made by OFCOM in relation to those matters |
| 40 |
about the identification of costs and cost orientation, |
| |
(c) | to comply with rules made by OFCOM about the use of cost accounting |
| |
systems in relation to those matters, and |
| |
(d) | to secure that its compliance with those systems is audited annually by |
| |
a qualified independent auditor. |
| 45 |
(3) | An obligation within subsection (2)(a)— |
| |
|
| |
|
| |
|
(a) | may require the separation to be maintained in relation to different |
| |
services, facilities or products or in relation to services, facilities or |
| |
products provided in different areas, and |
| |
(b) | may impose requirements about the accounting methods to be used in |
| |
maintaining the separation. |
| 5 |
(4) | An obligation within subsection (2)(b) or (c)— |
| |
(a) | may include conditions requiring the application of presumptions in |
| |
the fixing and determination of costs and charges for any purpose, and |
| |
(b) | may require the universal service provider concerned to publish such |
| |
accounts and other information relating to anything required to be |
| 10 |
done as a result of those provisions as OFCOM consider appropriate. |
| |
(5) | An obligation within subsection (2)(d) may require the universal service |
| |
provider concerned to meet the costs of the audit. |
| |
(6) | If a USP accounting condition imposes rules on a universal service provider |
| |
about the use of cost accounting systems, OFCOM may secure that the |
| 15 |
condition also imposes an obligation on the provider to make arrangements for |
| |
a description to be made available to the public of the cost accounting system |
| |
| |
(7) | If OFCOM impose an obligation under subsection (6), the description of |
| |
information to be made available must include details of— |
| 20 |
(a) | the main categories under which costs are brought into account for the |
| |
purposes of that system, and |
| |
(b) | the rules applied for the purposes of that system with respect to the |
| |
| |
(8) | In this section “qualified independent auditor” means a person who— |
| 25 |
(a) | is eligible for appointment as a statutory auditor under Part 42 of the |
| |
| |
(b) | if the appointment were an appointment as a statutory auditor, would |
| |
not be prohibited from acting by section 1214 of that Act (independence |
| |
| 30 |
Persons providing services within scope of universal postal service |
| |
39 | Services within scope of the universal postal service |
| |
(1) | A postal service is within the scope of the universal postal service if— |
| |
(a) | the service falls within the description of a service set out in the |
| |
universal postal service order, or |
| 35 |
(b) | the service would fall within the description of a service set out in that |
| |
order but for the fact that— |
| |
(i) | in the case of a service consisting of the delivery or collection of |
| |
letters or other postal packets, the delivery or collection is not |
| |
made on each of the days required by section 30 (see |
| 40 |
| |
(ii) | the service is not provided throughout the United Kingdom, or |
| |
(iii) | the service is not provided at an affordable price in accordance |
| |
with a public tariff which is uniform throughout the United |
| |
| 45 |
|
| |
|