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| [seventeenth and eighteenth sittings]
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| | Clauses 30 and 31 Agreed to. |
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| Clause 32, page 18, line 8, leave out sub-paragraph (b). |
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| Clause 32, page 18, line 9, at end insert ‘and are so endorsed by regulation placed |
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| before Parliament by the Secretary of State.’. |
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| Clause 33, page 18, line 16, after ‘may’, insert ‘after five years’. |
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| Clause 33, page 18, line 18, at end insert ‘paying particular regard to the needs of— |
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| | (a) | vulnerable consumers, |
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| | (c) | small and medium enterprises.’. |
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| Clause 33, page 18, line 21, at end insert— |
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| | ‘(2A) | When conducting any review OFCOM must consult— |
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| | (a) | consumer representatives, and |
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| | (b) | representatives of small and medium enterprises.’. |
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| Clause 33, page 18, line 30, at end insert ‘, providing the Secretary of State has |
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| previously ensured that consultation has been undertaken with the devolved, territorial |
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| bodies of Government as are appropriate to the provision.’. |
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| Clause 34, page 18, line 38, leave out ‘may designate one or more postal operators’ |
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| and insert ‘must designate a postal operator’. |
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| Clause 34, page 18, line 40, leave out subsection (2). |
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| Clause 34, page 18, line 42, leave out subsection (3). |
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| Clause 34, page 19, line 6, leave out subsection (4). |
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| Clause 34, page 19, line 17, leave out paragraph (b). |
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| Clause 34, page 19, line 20, at end insert ‘, subject to the Secretary of State placing |
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| these regulations before Parliament for approval.’. |
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| Clause 35, page 19, line 35, leave out ‘may impose a designated USP condition on |
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| a universal service provider’ and insert ‘must impose a designated USP condition on all |
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| designated universal service providers’. |
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| Clause 35, page 19, line 39, leave out ‘or part of a universal postal service’. |
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| Clause 35, page 19, line 40, leave out ‘or in a specified area of the United |
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| Clause 35, page 19, line 44, at end insert ‘including those provided by a Post Office |
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| Clause 35, page 20, line 9, leave out ‘may’ and insert ‘must’. |
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| Clause 35, page 20, line 9, leave out ‘only’. |
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| Clause 35, page 20, line 16, leave out ‘seek to’. |
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| Clause 35, page 20, line 22, at end insert ‘including the need for future investment |
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| Clause 35, page 20, line 23, leave out ‘may’ and insert ‘must’. |
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| Clause 35, page 20, line 24, leave out subsection (7). |
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| Clause 36, page 20, line 38, at end insert— |
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| | ‘(c) | to publish annually an independently audited performance report |
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| | concerning each of the devolved government territories.’. |
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| Clause 36, page 20, line 43, leave out from ‘accuracy’ to end of line 45. |
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| | Negatived on division 106 |
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| Clause 37, page 21, line 36, leave out ‘and’ and insert ‘provided in either case that |
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| such action would not be likely to adversely affect the ability of the provider to provide |
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| the universal postal service in accordance with the service standards specified in the |
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| universal postal service order’. |
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| Clause 37, page 21, line 37, at end insert— |
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| | ‘(4A) | Any USP access condition must— |
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| | (a) | be commercially negotiated, and |
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| | (b) | not undermine the universal service.’. |
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| Clause 37, page 21, line 38, leave out subsections (5) to (7). |
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| Schedule 3, page 65, leave out lines 17 to 37. |
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| Schedule 3, page 65, leave out lines 38 to 41. |
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| Schedule 3, page 66, leave out lines 1 to 10. |
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| Clause 38, page 22, line 33, leave out ‘may’ and insert ‘must’. |
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| | Negatived on division 108 |
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| Clause 40, page 24, line 10, at end insert ‘OFCOM shall exercise its power under |
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| subsection (1) if it considers that the provision of a service within the scope of the |
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| universal postal service by a person other than the designated universal service provider |
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| may impede the ability of the designated universal service provider to comply with its |
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| universal service obligations.’. |
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| | Negatived on division 118 |
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| Clause 42, page 25, line 35, leave out subsection (10). |
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| | Negatived on division 119 |
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| Clause 43, page 26, line 25, leave out from ‘burden’ to end of line 26. |
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| | Negatived on division 120 |
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| Clause 43, page 26, line 27, leave out subsections (9) and (10). |
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| | Negatived on division 109 |
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| Clause 43, page 26, line 36, at end insert— |
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| | ‘(9A) | OFCOM may not make a procurement determination before the end of the period |
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| | of 10 years beginning with the day on which this section comes into force.’. |
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| Clause 43, page 26, line 46, at end add— |
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| | ‘(14) | A direction under subsection (12) must specify that a minimum of three years’ |
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| | notice be provided to a designated provider before any other operator may |
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| | commence providing any of the postal services required to be provided by the |
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| | universal service obligations.’. |
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| [Adjourned until Thursday 9 December at 9.00 am |
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