Search Legislation

Postal Services Act 2011

Status:

This is the original version (as it was originally enacted).

Persons providing services within scope of universal postal service

40Services within scope of the universal postal service

(1)A postal service is within the scope of the universal postal service if—

(a)the service falls within the description of a service set out in the universal postal service order, or

(b)the service would fall within the description of a service set out in that order but for the fact that—

(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 31 (see requirements 1 and 2),

(ii)the service is not provided throughout the United Kingdom, or

(iii)the service is not provided at an affordable price in accordance with a public tariff which is uniform throughout the United Kingdom, or

(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 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.

41Notification condition

(1)OFCOM may impose a notification condition on—

(a)every person providing, or intending to provide, a service within the scope of the universal postal service, or

(b)every person providing, or intending to provide, a service within the scope of the universal postal service of a specified description.

(2)A notification condition is a condition requiring the person to give OFCOM—

(a)advance notice of the person’s intention to provide a letters business on a specified scale (whether or not the person is currently providing a letters business or any other postal service), and

(b)where the person is already providing a letters business on a specified scale, advance notice of the person’s intention to expand the business by a specified extent.

(3)A specified scale or extent may be determined by reference to any specified factor.

(4)The Secretary of State may at any time direct OFCOM to impose a notification condition.

(5)The direction may (but need not) specify some or all of the provision to be contained in the condition.

(6)Where a notification condition applies to a person at a time when the person is not providing a postal service—

(a)Schedule 7 (enforcement of regulatory conditions) is to have effect as if paragraph 7(2) and (3) were omitted and as if, for the purposes of paragraph 11, the person were providing a postal service, and

(b)Schedule 8 (information provisions) is to have effect as if the person were a person falling within paragraph 1(2) and as if, for the purposes of paragraph 8, the person were providing a postal service.

(7)In this section—

  • “advance notice” means written notice given at least a specified period of time before the person intends to do as mentioned in subsection (2)(a) or (b),

  • “a letters business” means a postal service which consists in the delivery of letters, and

  • “specified” means specified in the notification condition.

42General 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 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 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 46.

(3)A general universal service condition may require a person—

(a)to make contributions in accordance with any scheme established under section 46, and

(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 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 person—

(a)to deliver or collect letters or other postal packets as mentioned in section 31,

(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.

43Recovery of administrative charges incurred by OFCOM

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 postal services.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources