|
| |
|
(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 |
| |
| |
(ii) | the service is not provided throughout the United Kingdom, or |
| 5 |
(iii) | the service is not provided at an affordable price in accordance |
| |
with a public tariff which is uniform throughout the United |
| |
| |
(c) | in the opinion of OFCOM the service is of a kind that, from the point of |
| |
view of users of postal services, could reasonably be said to be |
| 10 |
interchangeable with a service of a description set out in that order. |
| |
(2) | In this section any reference to a service includes a part of a service. |
| |
40 | General universal service conditions |
| |
(1) | OFCOM may impose a general universal service condition on— |
| |
(a) | every postal operator providing a service within the scope of the |
| 15 |
universal postal service, or |
| |
(b) | every postal operator providing a service within the scope of the |
| |
universal postal service of a description specified in the condition. |
| |
(2) | A general universal service condition is— |
| |
(a) | a condition containing such obligations as OFCOM consider necessary |
| 20 |
to impose for, or in connection with, securing the provision of a |
| |
universal postal service in accordance with the standards set out in the |
| |
universal postal service order, or |
| |
(b) | a condition containing such obligations as OFCOM consider necessary |
| |
to impose for the purposes of section 44. |
| 25 |
(3) | A general universal service condition may require a person— |
| |
(a) | to make contributions in accordance with any scheme established |
| |
| |
(b) | to take such steps as may be required by any such scheme as regards |
| |
contributions made by users of services within the scope of the |
| 30 |
universal postal service. |
| |
(4) | At any time when there is a universal service provider, nothing in subsection |
| |
(2)(a) is to be read as authorising the imposition of a condition requiring a |
| |
| |
(a) | to deliver or collect letters or other postal packets as mentioned in |
| 35 |
| |
(b) | to provide a service throughout the United Kingdom, or |
| |
(c) | to provide a service at an affordable price in accordance with a public |
| |
tariff which is uniform throughout the United Kingdom. |
| |
41 | Recovery of administrative charges incurred by OFCOM |
| 40 |
Schedule 4 makes provision authorising OFCOM to impose charges on postal |
| |
operators providing services within the scope of the universal postal service to |
| |
meet costs incurred by OFCOM in carrying out their functions in relation to |
| |
| |
|
| |
|
| |
|
Financial support for universal postal service |
| |
42 | Review of costs of universal service obligations |
| |
(1) | OFCOM may from time to time review the extent (if any) of the financial |
| |
burden for a universal service provider of complying with its universal service |
| |
| 5 |
(2) | In carrying out a review under this section OFCOM must consider the extent |
| |
to which, in their opinion, the provider is complying with its universal service |
| |
obligations in a cost-efficient manner. |
| |
| |
(a) | regulations under section 34 require the financial burden of complying |
| 10 |
with universal service obligations (or proposed universal service |
| |
obligations) to be taken into account in determining whom to |
| |
| |
(b) | the regulations provide for a particular method of calculating that |
| |
burden to be used for the purposes of that determination, |
| 15 |
| that must be the method of calculation applied on a review under this section. |
| |
(4) | If subsection (3) does not apply, the financial burden of complying is to be |
| |
taken to be the amount calculated by OFCOM to be the net cost of compliance |
| |
after allowing for market benefits accruing to the universal service provider |
| |
| 20 |
(a) | the provider’s designation, and |
| |
(b) | the application to the provider of universal service obligations. |
| |
(5) | After carrying out a review under this section OFCOM must either— |
| |
(a) | ensure that the calculations made by them on the review are audited by |
| |
a person who appears to them to be independent of universal service |
| 25 |
| |
(b) | carry out an audit of those calculations themselves. |
| |
(6) | OFCOM must ensure that a report on the audit— |
| |
| |
(b) | if not prepared by OFCOM, is provided to them. |
| 30 |
| |
(a) | their conclusions on the review, and |
| |
(b) | a summary of the report of the audit which was carried out as respects |
| |
the calculations made for the purposes of that review. |
| |
(8) | The publication must be in such manner as OFCOM consider appropriate for |
| 35 |
bringing it to the attention of the persons who, in their opinion, are likely to be |
| |
| |
(9) | The Secretary of State may at any time direct OFCOM to carry out a review |
| |
| |
(10) | Unless directed to do so by the Secretary of State, OFCOM may not carry out a |
| 40 |
review under this section before the end of the period of 3 years beginning with |
| |
the day on which this section comes into force. |
| |
|
| |
|
| |
|
43 | Fairness of bearing burden of universal service obligations |
| |
(1) | This section applies if OFCOM— |
| |
(a) | have concluded on a review under section 42 that complying with its |
| |
universal service obligations imposes a financial burden on a universal |
| |
| 5 |
(b) | have published that conclusion in accordance with that section. |
| |
(2) | OFCOM must determine whether they consider it is or would be unfair for the |
| |
provider to bear, or to continue to bear, the whole or a part of the burden of |
| |
complying with its universal service obligations. |
| |
(3) | The determination by OFCOM of— |
| 10 |
(a) | whether it is or would be unfair for the provider to bear, or to continue |
| |
| |
(b) | the extent (if any) to which that is or would be unfair, |
| |
| must be made in accordance with regulations made by OFCOM. |
| |
(4) | OFCOM must publish the determination. |
| 15 |
(5) | The publication must be in such manner as OFCOM consider appropriate for |
| |
bringing it to the attention of the persons who, in their opinion, are likely to be |
| |
| |
(6) | If OFCOM determine that it is or would be unfair for the provider to bear, or |
| |
to continue to bear, the whole or a part of that burden, they must submit a |
| 20 |
report to the Secretary of State setting out their recommendations as to the |
| |
action (if any) that they consider ought to be taken to deal with the burden. |
| |
(7) | The report may make recommendations— |
| |
(a) | about the order in which action ought to be taken, and |
| |
(b) | as to whether the taking of action ought to be contingent on the success |
| 25 |
or otherwise of the taking of other action. |
| |
(8) | The recommended action may consist of one or more of the following— |
| |
(a) | the carrying out of a review under section 33 (review of minimum |
| |
| |
(b) | requiring contributions to be made in accordance with section 44 for |
| 30 |
meeting some or all of that burden, and |
| |
(c) | the making of a procurement determination. |
| |
(9) | A procurement determination is a determination by OFCOM as to whether, in |
| |
their opinion, any particular postal operator or operators (which may include |
| |
the provider) could provide any of the postal services required to be provided |
| 35 |
by the universal service obligations concerned in a way which would mean |
| |
| |
(a) | no unfair financial burden would be imposed on any person (or |
| |
persons) in complying with those obligations, or |
| |
(b) | the financial burden imposed on any person (or persons) in complying |
| 40 |
with those obligations would be less unfair than the one mentioned in |
| |
| |
(10) | A procurement determination must be made in accordance with regulations |
| |
| |
|
| |
|
| |
|
(11) | After receiving the report under subsection (6), the Secretary of State must |
| |
determine what action (if any) the Secretary of State considers ought to be |
| |
taken by OFCOM to deal with the burden. |
| |
(12) | The Secretary of State may then direct OFCOM to take that action. |
| |
(13) | A direction under subsection (12) may make provision— |
| 5 |
(a) | about the order in which specified action is to be taken, and |
| |
(b) | for the taking of specified action to be contingent on the success or |
| |
otherwise of the taking of other specified action. |
| |
| In this subsection “specified” means specified in the direction. |
| |
44 | Contributions for meeting burden |
| 10 |
(1) | This section applies where the Secretary of State has directed OFCOM to |
| |
require contributions to be made for meeting some or all of the burden |
| |
| |
(2) | The contributions are to be made by either or both of the following— |
| |
(a) | postal operators providing services within the scope of the universal |
| 15 |
| |
(b) | users of services within the scope of the universal postal service (by |
| |
way of the charges paid by them). |
| |
(3) | OFCOM may determine that the contributions under this section are to be |
| |
made only by a description of postal operator or user. |
| 20 |
(4) | The assessment, collection and distribution of the contributions must be |
| |
carried out in accordance with a mechanism provided for in a scheme |
| |
contained in regulations made by OFCOM. |
| |
(5) | OFCOM must exercise their power to make the regulations in a way they |
| |
consider will secure the operation of the scheme— |
| 25 |
(a) | in an objective, proportionate and transparent way, |
| |
(b) | in a way that does not involve, or tend to give rise to, any undue |
| |
discrimination against particular postal operators (or a particular |
| |
description of postal operators) or particular users (or a particular |
| |
description of users), and |
| 30 |
(c) | in a way that avoids, or (if that is impracticable) minimises, any |
| |
distortion of competition. |
| |
(6) | The regulations may provide for— |
| |
| |
(b) | any fund set up for the purposes of the scheme, |
| 35 |
| to be administered by OFCOM or some other person specified in the |
| |
| |
(7) | A person may be specified only if OFCOM are satisfied as to the person’s |
| |
| |
(a) | universal service providers, and |
| 40 |
(b) | postal operators providing postal services within the scope of the |
| |
universal postal service. |
| |
(8) | The regulations may not be made unless— |
| |
(a) | the Secretary of State has consented to the making of them and |
| |
|
| |
|
| |
|
(b) | a draft of the statutory instrument containing them has been laid |
| |
before, and approved by a resolution of, each House of Parliament. |
| |
45 | Report on sharing mechanism |
| |
(1) | This section applies where regulations under section 44 provide for a scheme |
| |
for the assessment, collection and distribution of contributions. |
| 5 |
(2) | OFCOM must prepare and publish a report setting out, in relation to the period |
| |
| |
(a) | every determination by OFCOM that has had effect in relation to a time |
| |
in that period as a determination of the costs of providing anything |
| |
required to be provided by a universal service provider to meet its |
| 10 |
universal service obligations, |
| |
(b) | the market benefits for each universal service provider that have |
| |
accrued to the provider during that period from its designation and the |
| |
application to it of universal service obligations, and |
| |
(c) | the contribution made by every person who has made a contribution |
| 15 |
| |
(3) | The first report under this section must be prepared in relation to the period of |
| |
12 months beginning with the coming into force of the first regulations made |
| |
| |
(4) | Subsequent reports must be prepared in relation to the period of 12 months |
| 20 |
beginning with the end of the period to which the previous report applied. |
| |
(5) | A report under this section— |
| |
(a) | must be prepared as soon as practicable after the end of the period to |
| |
which it is to apply, and |
| |
(b) | must be published as soon as practicable after its preparation is |
| 25 |
| |
(6) | OFCOM are not required under this section— |
| |
(a) | to publish any matter that is confidential, or |
| |
(b) | to publish anything that it would not be reasonably practicable to |
| |
publish without disclosing such a matter. |
| 30 |
(7) | A matter is confidential for this purpose— |
| |
(a) | if it relates specifically to the affairs of a particular body and publication |
| |
of the matter would or might, in OFCOM’s opinion, seriously and |
| |
prejudicially affect the interests of the body, and |
| |
(b) | if it relates to the private affairs of an individual and publication of the |
| 35 |
matter would or might, in OFCOM’s opinion, seriously and |
| |
prejudicially affect the interests of the individual. |
| |
(8) | A report under this section must be published in such manner as OFCOM |
| |
consider appropriate for bringing it to the attention of the persons who, in their |
| |
opinion, are affected by the matters to which it relates. |
| 40 |
|
| |
|