Appendix 1
S.I. 2012/936: memorandum from Ofcom
Postal Services (Universal Postal Service)
Order 2012 (S.I. 2012/936)
1. By a letter dated 20 June 2012, the Committee
sought a memorandum on the following points:
(1) Explain why in article 2—
(a) there is a definition of "Act",
which is a term that does not appear to be used in the Order,
and
(b) there is a definition of "eligible
items", which is a term that appears to be used only in paragraphs
3 and 4 of Schedule 2 where it is defined (by paragraph 2) for
the purposes of those paragraphs.
2. It is acknowledged that the definitions of "Act"
and "eligible items" in article 2 are unnecessary. Ofcom
apologises for the oversight and will rectify the instrument at
the earliest available opportunity. Ofcom has amended its systems
with a view to preventing this error from occurring again.
(2) Given the definition of "working
day" in article 2, explain how article 3 is intended to work
where the days between "D" and "the delivery date"
include days that are public holidays in one part of the United
Kingdom but not in another and how effect is given to that intention.
3. It is acknowledged that the Order does not make
express provision for the application of the formula set out in
article 3 in circumstances where the days between "D"
and "the delivery date" include days that are public
holidays in one part of the United Kingdom but not in another.
Ofcom accepts that this is an error in the formulation of the
drafting and policy instructions when making the Order.
4. The policy intention is that days which are public
holidays (in parts of the UK) should be treated as public holidays
across the UK for the purposes of calculating routing times.
5. Ofcom has considered the different possible interpretations
of the Order as they are drafted, and consider that a court may
interpret the provisions in line with the policy intent, such
that when considering routing times under the Order a public holiday
in part of the United Kingdom is not a working day.
6. Ofcom accepts that the provision drafted however
could have been much clearer and we will put this right with an
amendment to the Order.
Ofcom
26 June 2012
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