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Postal Services Bill


Postal Services Bill
Schedule 9 — Transitional provisions for Part 3

98

 

(b)   

to notify the person whether a notification submitted for the

purposes of those regulations satisfies the requirements of those

regulations, or

(c)   

to provide the person with such information about the person’s

rights as may be necessary for the purpose of facilitating the

5

negotiation by the person of any right to be provided with access

pursuant to an access condition.

      (2)  

A request for the purposes of this paragraph must be made in such manner

as OFCOM may require.

      (3)  

OFCOM do not have to comply with a request under this paragraph if

10

(without having been asked to do so) they have already given the person the

notification or information for which the person is asking.

      (4)  

Any notification or information which under sub-paragraph (1) must be

given or provided by OFCOM must be given or provided before the end of

the period of one week beginning with the day on which the request was

15

made to them.

Schedule 9

Section 64

 

Transitional provisions for Part 3

Introduction

1          

In this Schedule—

20

“the appointed day” means the day appointed under section 91(3) as

the day on which the provisions of Part 3 come generally into force,

“Postcomm” means the Postal Services Commission,

“the transitional period” means the period beginning with the day on

which this Act is passed and ending immediately before the

25

appointed day, and

“the 2000 Act” means the Postal Services Act 2000.

The universal postal service

2     (1)  

Until the first universal postal service order under section 29 comes into

force—

30

(a)   

references in Part 3 to a universal postal service are to be read as

references to a universal postal service as defined by section 4(1) and

(2) of the 2000 Act, and

(b)   

references in Part 3 to services within the scope of the universal

postal service are to be read as references to services that

35

immediately before the appointed day were, according to section 7A

of the 2000 Act, not outside the scope of the universal postal service

in the United Kingdom.

      (2)  

Section 28 (duty to secure provision of universal postal service) is to have

effect during the transitional period as if the references in that section (other

40

than in subsection (2)) to OFCOM included Postcomm.

 
 

Postal Services Bill
Schedule 9 — Transitional provisions for Part 3

99

 

Provisional designation of universal service providers

3     (1)  

OFCOM may before the appointed day designate provisionally, with effect

from that date, one or more postal operators as universal service providers.

      (2)  

A provisional designation must be—

(a)   

notified to the person designated,

5

(b)   

published in such manner as OFCOM consider appropriate for

bringing it to the attention of the persons who, in their opinion, are

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

10

under section 34.

      (4)  

A provisional designation ceases to have effect on the making of the first

designation under that section.

Regulatory conditions applicable as from appointed day

4     (1)  

OFCOM must determine before the end of the transitional period what

15

regulatory conditions (“initial conditions”) are to apply to postal operators

on and after the appointed day.

      (2)  

Except as mentioned below, the initial conditions applicable to—

(a)   

universal service providers, and

(b)   

other postal operators,

20

           

must be to substantially the same effect as the licence conditions applying

immediately before the appointed day to the universal service provider or

(as the case may be) in relation to the corresponding description of operator.

      (3)  

Sub-paragraph (2) does not apply to consumer protection conditions (and,

accordingly, references elsewhere in this Schedule to initial conditions do

25

not include consumer protection conditions).

      (4)  

If it appears to OFCOM to be unnecessary to maintain any provision made

by the existing licence conditions, sub-paragraph (2) does not require

OFCOM to replicate that provision in the initial conditions.

      (5)  

The provisions of Part 3 as to what regulatory conditions may be imposed—

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.

5     (1)  

This paragraph applies to licence conditions—

(a)   

which apply immediately before the appointed day to the universal

35

service provider or other postal operators, and

(b)   

which contain provision of a kind that (but for this paragraph) could

not be contained in any regulatory condition under Part 3.

      (2)  

The provision made by those licence conditions is to be regarded for the

purposes of Part 3 as being capable of being imposed by a regulatory

40

condition under that Part (to be known as a “transitory condition”).

      (3)  

Accordingly—

(a)   

the references in paragraph 4 to initial conditions include transitory

conditions, and

 
 

Postal Services Bill
Schedule 9 — Transitional provisions for Part 3

100

 

(b)   

paragraph 4(2) and(4) apply in relation to those licence conditions as

they apply in relation to other licence conditions.

      (4)  

A transitory condition is (as a result of this sub-paragraph) to be treated as

revoked at the time when the first universal postal service order under

section 29 comes into force.

5

6     (1)  

If OFCOM modify the initial conditions, they may not impose any

conditions that could not have been imposed under Part 2 of the 2000 Act.

      (2)  

The provisions of Part 3 about—

(a)   

the procedure for imposing, modifying or revoking regulatory

conditions,

10

(b)   

the enforcement of regulatory conditions, and

(c)   

appeals,

           

apply to initial conditions as to other regulatory conditions.

      (3)  

Any decision of OFCOM pursuant to paragraph 4(2) is not to be regarded as

an initial price control decision for the purposes of section 57.

15

      (4)  

This paragraph applies in relation to transitory conditions as it applies in

relation to other initial conditions, except that sub-paragraph (2)(a) does not

apply in relation to the revocation of a transitory condition.

Recovery of administrative charges incurred by OFCOM

7     (1)  

This paragraph applies in relation to the first charging year under Schedule

20

4 (recovery of administrative charges incurred by OFCOM).

      (2)  

OFCOM must prepare a statement of the principles that they are proposing

to apply in fixing administrative charges under paragraph 1 of that Schedule

for that year (and the charges must be fixed in accordance with those

principles), but there is no requirement for the statement to be in force at the

25

beginning of that year or at the time the charges are fixed.

      (3)  

Sub-paragraph (2) has effect instead of paragraph 1(2) of that Schedule.

      (4)  

Paragraph 3(5) of that Schedule has effect as if the reference to the statement

of charging principles in force at the beginning of the charging year were a

reference to the statement of charging principles relating to the charging

30

year.

Power to extend operation of time-limited licence condition

8     (1)  

This paragraph applies 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

35

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

not extend beyond the index year ending 31 March 2011.

      (2)  

The Secretary of State may by order amend that condition so as to specify a

40

forecast figure for the index year ending 31 March 2012.

      (3)  

The power of the Secretary of State is limited to inserting a forecast figure

produced by applying the same methods as were used by Postcomm to

 
 

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Schedule 9 — Transitional provisions for Part 3

101

 

determine the forecast figure for the index years presently set out in the

condition.

      (4)  

If it appears to the Secretary of State that Postcomm has produced, using

those methods, a forecast figure for the index year ending 31 March 2012, the

Secretary of State may adopt its figure and need not repeat, or examine the

5

basis of, the work done by it in producing that figure.

      (5)  

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

(b)   

consider any representations made before the end of the consultation

10

period.

      (6)  

The consultation period, in relation to a person, is the period of 21 days

beginning with the day on which the person is consulted.

      (7)  

The requirements of sub-paragraph (5) may be met by consultation and

consideration before the passing of this Act.

15

      (8)  

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

amended by the order.

Anticipatory exercise of powers

20

9     (1)  

During the transitional period the provisions of Part 3 relating to—

(a)   

the designation of a universal service provider, and

(b)   

the imposition of regulatory conditions on postal operators,

           

have effect so far as necessary to enable OFCOM to undertake work with a

view to making a designation, or imposing regulatory conditions, under that

25

Part as soon as practicable on or after the appointed day.

      (2)  

The work referred to in sub-paragraph (1) includes, in particular,

consultation with existing licensed operators and others in connection with

the imposition of regulatory conditions.

10         

The provisions of Part 3 also come into force at the beginning of the

30

transitional period so far as necessary to enable the making of any

regulations, order or scheme by OFCOM or the Secretary of State.

11    (1)  

The provisions of section 53 and Schedule 8 (information) have effect during

the transitional period so far as necessary for the purposes of the carrying

out by OFCOM of their functions during or after that period.

35

      (2)  

The provisions of section 54 (general restriction on disclosure of

information) have effect accordingly.

Reliance by OFCOM on work done by Postcomm

12         

In carrying out any of their functions under Part 3 OFCOM may rely on

anything done by or in relation to Postcomm at any time before the passing

40

of this Act.

 
 

Postal Services Bill
Schedule 9 — Transitional provisions for Part 3

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Consultation on exercise of existing regulatory functions

13         

During the transitional period Postcomm must consult OFCOM before

taking any step with a view to modifying or revoking the conditions of a

licence under Part 2 of the 2000 Act.

Enforcement action by Postcomm etc

5

14    (1)  

This paragraph applies to a contravention of a condition of a licence under

Part 2 of the 2000 Act in respect of which Postcomm was in the process of

doing something immediately before the day on which paragraph 3 of

Schedule 12 comes into force (repeal of Part 2 of 2000 Act).

      (2)  

OFCOM are to have the power to do anything that they consider

10

appropriate to do in relation to the contravention in question.

      (3)  

In particular, OFCOM may continue or discontinue any legal proceedings

under section 30 of the 2000 Act (financial penalties) begun by Postcomm in

respect of the contravention in question.

      (4)  

References in this paragraph to a contravention include anything that

15

Postcomm considered might be a contravention.

15    (1)  

This paragraph applies if, at any time on or after the day on which

paragraph 3 of Schedule 12 comes into force, OFCOM are satisfied that a

person has contravened a condition of a licence under Part 2 of the 2000 Act.

      (2)  

Despite the repeal of that Part, OFCOM are to have—

20

(a)   

the power to begin legal proceedings under section 30 of the 2000 Act

in respect of the contravention in question, and

(b)   

the power to do anything else that they consider appropriate to do in

relation to it.

References to universal service provider

25

16         

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

the time being notified to the European Commission as being the provider

of a universal postal service in the United Kingdom.

Saving

30

17         

Nothing in this Schedule is to be read as impliedly restricting the generality

of the power to make transitional provision by order under section 91(4).

 
 

 
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