|
| |
|
(5) | In this section “a resolution for voluntary winding up” has the same meaning |
| |
| |
74 | Making of ordinary administration orders |
| |
(1) | This section applies if a person other than the Secretary of State makes an |
| |
ordinary administration application in relation to a company which is a |
| 5 |
universal service provider. |
| |
(2) | The court must dismiss the application if— |
| |
(a) | a postal administration order is in force in relation to the company, or |
| |
(b) | a postal administration order has been made in relation to the company |
| |
| 10 |
(3) | If subsection (2) does not apply, the court, on hearing the application, must not |
| |
exercise its powers under paragraph 13 of Schedule B1 to the 1986 Act (other |
| |
than its power of adjournment) unless— |
| |
(a) | notice of the application has been served on the Secretary of State and |
| |
| 15 |
(b) | a period of at least 14 days has elapsed since the service of the last of |
| |
those notices to be served, and |
| |
(c) | there is no application for a postal administration order which is |
| |
| |
(4) | Paragraph 44 of Schedule B1 to the 1986 Act (interim moratorium) does not |
| 20 |
prevent, or require the permission of the court for, the making of an application |
| |
for a postal administration order. |
| |
(5) | On the making of a postal administration order in relation to a company, the |
| |
court must dismiss any ordinary administration application made in relation |
| |
to the company which is outstanding. |
| 25 |
(6) | In this section “ordinary administration application” means an application in |
| |
accordance with paragraph 12 of Schedule B1 to the 1986 Act. |
| |
75 | Administrator appointments by creditors etc |
| |
(1) | Subsections (2) to (4) make provision about appointments under paragraph 14 |
| |
or 22 of Schedule B1 to the 1986 Act (powers to appoint administrators) in |
| 30 |
relation to a company which is a universal service provider. |
| |
| |
(a) | a postal administration order is in force in relation to the company, |
| |
(b) | a postal administration order has been made in relation to the company |
| |
but is not yet in force, or |
| 35 |
(c) | an application for a postal administration order in relation to the |
| |
| |
| a person may not take any step to make an appointment. |
| |
(3) | In any other case, an appointment takes effect only if each of the following |
| |
| 40 |
| |
(a) | that a copy of every document in relation to the appointment that is |
| |
filed or lodged with the court in accordance with paragraph 18 or 29 of |
| |
|
| |
|
| |
|
Schedule B1 to the 1986 Act has been served on the Secretary of State |
| |
| |
(b) | that a period of 14 days has elapsed since the service of the last of those |
| |
| |
(c) | that there is no outstanding application to the court for a postal |
| 5 |
administration order in relation to the company, and |
| |
(d) | that the making of an application for a postal administration order in |
| |
relation to the company has not resulted in the making of a postal |
| |
administration order which is in force or is still to come into force. |
| |
(5) | Paragraph 44 of Schedule B1 to the 1986 Act (interim moratorium) does not |
| 10 |
prevent, or require the permission of the court for, the making of an application |
| |
for a postal administration order at any time before the appointment takes |
| |
| |
76 | Enforcement of security |
| |
(1) | A person may not take any step to enforce a security over property of a |
| 15 |
company which is a universal service provider unless— |
| |
(a) | notice of the intention to do so has been served on the Secretary of State |
| |
| |
(b) | a period of at least 14 days has elapsed since the service of the last of |
| |
those notices to be served. |
| 20 |
(2) | In the case of a foreign company which is a universal service provider, the |
| |
reference to the property of the company is to its property in the United |
| |
| |
Financial support for companies in administration |
| |
| 25 |
(1) | This section applies if a postal administration order has been made in relation |
| |
| |
(2) | The Secretary of State may, with the consent of the Treasury, make grants or |
| |
loans to the company of such amounts as it appears to the Secretary of State |
| |
appropriate for achieving the objective of the postal administration. |
| 30 |
(3) | The grants or loans may be made in whatever manner, and on whatever terms, |
| |
the Secretary of State considers appropriate. |
| |
(4) | The terms on which the grants may be made include, in particular, terms |
| |
requiring the whole or a part of the grants to be repaid to the Secretary of State |
| |
if there is a contravention of the other terms on which they are made. |
| 35 |
(5) | The terms on which loans may be made include, in particular, terms |
| |
| |
(a) | the loans to be repaid at such times and by such methods as the |
| |
Secretary of State may, with the consent of the Treasury, from time to |
| |
| 40 |
(b) | interest to be paid on the loans at such rates and at such times as the |
| |
Secretary of State may, with the consent of the Treasury, from time to |
| |
| |
|
| |
|
| |
|
(6) | The Secretary of State must pay sums received as a result of this section into the |
| |
| |
| |
(1) | This section applies if a postal administration order has been made in relation |
| |
| 5 |
(2) | The Secretary of State may, with the consent of the Treasury, agree to |
| |
indemnify persons in respect of one or both of the following— |
| |
(a) | liabilities incurred in connection with the exercise and performance of |
| |
powers and duties by the postal administrator, and |
| |
(b) | loss or damage sustained in that connection. |
| 10 |
(3) | The agreement may be made in whatever manner, and on whatever terms, the |
| |
Secretary of State considers appropriate. |
| |
(4) | If sums are paid by the Secretary of State in consequence of an indemnity |
| |
agreed to under this section, the company must pay the Secretary of State— |
| |
(a) | such amounts in or towards the repayment to the Secretary of State of |
| 15 |
those sums as the Secretary of State may, with the consent of the |
| |
| |
(b) | interest on amounts outstanding under this subsection at such rates as |
| |
the Secretary of State may, with the consent of the Treasury, direct. |
| |
(5) | The payments must be made by the company at such times and in such manner |
| 20 |
as the Secretary of State may, with the consent of the Treasury, determine. |
| |
(6) | Subsection (4) does not apply in the case of a sum paid by the Secretary of State |
| |
for indemnifying a person in respect of a liability to the company. |
| |
(7) | The power of the Secretary of State to agree to indemnify persons— |
| |
(a) | is confined to a power to agree to indemnify persons in respect of |
| 25 |
liabilities, loss and damage incurred or sustained by them as relevant |
| |
| |
(b) | includes power to agree to indemnify persons (whether or not they are |
| |
identified or identifiable at the time of the agreement) who |
| |
subsequently become relevant persons. |
| 30 |
(8) | The following are relevant persons for the purposes of this section— |
| |
(a) | the postal administrator, |
| |
(b) | an employee of the postal administrator, |
| |
(c) | a partner or employee of a firm of which the postal administrator is a |
| |
| 35 |
(d) | a partner or employee of a firm of which the postal administrator is an |
| |
| |
(e) | a partner of a firm of which the postal administrator was an employee |
| |
or partner at a time when the order was in force, |
| |
(f) | a body corporate which is the employer of the postal administrator, |
| 40 |
(g) | an officer, employee or member of such a body corporate, and |
| |
(h) | a Scottish firm which is the employer of the postal administrator or of |
| |
which the postal administrator is a partner. |
| |
(9) | For the purposes of subsection (8)— |
| |
|
| |
|
| |
|
(a) | references to the postal administrator are to be read, where two or more |
| |
persons are appointed as the postal administrator, as references to any |
| |
| |
(b) | references to a firm of which a person was a partner or employee at a |
| |
particular time include a firm which holds itself out to be the successor |
| 5 |
of a firm of which the person was a partner or employee at that time. |
| |
(10) | The Secretary of State must pay sums received as a result of subsection (4) into |
| |
| |
79 | Guarantees where postal administration order is made |
| |
(1) | This section applies if a postal administration order has been made in relation |
| 10 |
| |
(2) | The Secretary of State may, with the consent of the Treasury, guarantee— |
| |
(a) | the repayment of any sum borrowed by the company while that order |
| |
| |
(b) | the payment of interest on any sum borrowed by the company while |
| 15 |
that order is in force, and |
| |
(c) | the discharge of any other financial obligation of the company in |
| |
connection with the borrowing of any sum while that order is in force. |
| |
(3) | The Secretary of State may give the guarantees in such manner, and on such |
| |
terms, as the Secretary of State thinks fit. |
| 20 |
(4) | As soon as practicable after giving a guarantee under this section, the Secretary |
| |
of State must lay a statement of the guarantee before Parliament. |
| |
(5) | If sums are paid out by the Secretary of State under a guarantee given under |
| |
this section, the company must pay the Secretary of State— |
| |
(a) | such amounts in or towards the repayment to the Secretary of State of |
| 25 |
those sums as the Secretary of State may, with the consent of the |
| |
| |
(b) | interest on amounts outstanding under this subsection at such rates as |
| |
the Secretary of State may, with the consent of the Treasury, direct. |
| |
(6) | The payments must be made by the company at such times, and in such |
| 30 |
manner, as the Secretary of State may, with the consent of the Treasury, from |
| |
| |
(7) | If a sum has been paid out under a guarantee given under this section, the |
| |
Secretary of State must lay a statement relating to that sum before Parliament— |
| |
(a) | as soon as practicable after the end of the financial year in which the |
| 35 |
| |
(b) | as soon as practicable after the end of each subsequent financial year in |
| |
relation to which the repayment condition has not been met. |
| |
(8) | The repayment condition is met in relation to a financial year if— |
| |
(a) | the whole of the sum has been repaid to the Secretary of State before the |
| 40 |
beginning of the year, and |
| |
(b) | the company was not at any time during the year liable to pay interest |
| |
on amounts that became due in respect of the sum. |
| |
(9) | The Secretary of State must pay sums received as a result of subsection (5) into |
| |
| 45 |
|
| |
|
| |
|
(10) | In this section “financial year” means a period of 12 months ending with 31 |
| |
| |
Modifications of regulatory conditions etc |
| |
80 | Regulatory powers exercisable during postal administration |
| |
(1) | This section applies if a postal administration order has been made. |
| 5 |
(2) | The Secretary of State may by order modify the universal postal service order |
| |
made by OFCOM under section 29. |
| |
(3) | Before modifying that order, the Secretary of State must consult— |
| |
| |
(b) | such other persons as the Secretary of State considers appropriate. |
| 10 |
(4) | If the Secretary of State modifies that order, it is for the Secretary of State |
| |
(rather than OFCOM) to notify the European Commission of the modification. |
| |
(5) | The Secretary of State may by order amend section 30. |
| |
(6) | An order under subsection (5)— |
| |
(a) | is subject to approval after being made, and |
| 15 |
(b) | may include such amendments of Part 3 as the Secretary of State |
| |
considers necessary or expedient in consequence of any provision |
| |
| |
(7) | The Secretary of State may modify or revoke any regulatory condition if the |
| |
Secretary of State considers it appropriate to do so for, or in connection with, |
| 20 |
achieving the objective of the postal administration. |
| |
(8) | The Secretary of State’s power to make modifications includes power to make |
| |
incidental, supplementary, consequential, transitional or transitory |
| |
| |
(9) | Before modifying or revoking a regulatory condition, the Secretary of State |
| 25 |
| |
| |
(b) | the person whose condition is being modified or revoked, and |
| |
(c) | such other persons as the Secretary of State considers appropriate. |
| |
(10) | The Secretary of State must publish every modification or revocation of a |
| 30 |
regulatory condition made under this section. |
| |
(11) | The publication must be in such manner as the Secretary of State considers |
| |
| |
(12) | The provisions of Part 3 (including section 28) other than— |
| |
(a) | sections 55 to 58 (appeals), and |
| 35 |
(b) | paragraph 3 of Schedule 6 (procedure for modifying or revoking |
| |
| |
| apply in relation to the modification or revocation by the Secretary of State of |
| |
regulatory conditions as they apply in relation to the modification or |
| |
revocation by OFCOM of regulatory conditions. |
| 40 |
(13) | The power conferred by subsection (2) or (5) may not be exercised at any time |
| |
after the postal administration order has ceased to be in force. |
| |
|
| |
|
| |
|
(14) | Any duty to consult under this section may be met by consultation before the |
| |
making of the postal administration order. |
| |
81 | Regulatory conditions to secure funding of postal administration order |
| |
(1) | The modifications that may be made under section 80 include, in particular, |
| |
modifications of any price control provision contained in a regulatory |
| 5 |
condition for the purpose of raising such amounts as may be determined by the |
| |
| |
(2) | The modified condition may require the person on whom it is imposed to pay |
| |
those amounts to such persons as may be so determined for the purpose of— |
| |
(a) | their applying those amounts in making good any shortfall in the |
| 10 |
property available for meeting the expenses of the postal |
| |
| |
(b) | enabling those persons to secure that those amounts are so applied. |
| |
(3) | The modified condition may require the person on whom it is imposed to |
| |
apply amounts paid to it as result of this section in making good any shortfall |
| 15 |
in the property available for meeting the expenses of the postal administration. |
| |
(4) | For the purposes of this section “price control provision” means— |
| |
(a) | provision as to the tariffs that are to be used as mentioned in section |
| |
35(4) (designated USP condition: tariffs), or |
| |
(b) | provision as to prices that may be charged for the giving of access |
| 20 |
under an access condition (within the meaning of Part 3). |
| |
(5) | For the purposes of this section— |
| |
(a) | there is a shortfall in the property available for meeting the costs of a |
| |
postal administration if the property available (apart from this section) |
| |
for meeting relevant debts is insufficient for meeting them, and |
| 25 |
(b) | amounts are applied in making good that shortfall if they are paid in or |
| |
towards discharging so much of a relevant debt as cannot be met out of |
| |
the property otherwise available for meeting relevant debts. |
| |
(6) | In this section “relevant debt”, in relation to a case in which a company is or has |
| |
been subject to a postal administration order, means an obligation— |
| 30 |
(a) | to make payments in respect of the expenses or remuneration of any |
| |
person as the postal administrator of the company, |
| |
(b) | to make a payment in discharge of a debt or other liability of the |
| |
company arising out of a contract entered into at a time when the order |
| |
was in force by the person who at that time was the postal |
| 35 |
administrator of the company, |
| |
(c) | to repay the whole or a part of a grant made to the company under |
| |
| |
(d) | to repay a loan made to the company under section 77 or to pay interest |
| |
| 40 |
(e) | to make a payment under section 78(4), or |
| |
(f) | to make a payment under section 79(5). |
| |
|
| |
|