Postal Services Act 2011

Penalties for non-payment of charges E+W+S+N.I.

6 (1) This paragraph applies if— E+W+S+N.I.

(a) a person has been given a notification under paragraph 4,

(b) OFCOM have allowed the person an opportunity of making representations about the notified determination, and

(c) the period allowed for the making of the representations has ended.

(2) OFCOM may impose a penalty on the person if the person—

(a) has, in one or more of the respects notified, been in contravention of a requirement to pay an administrative charge fixed under paragraph 1, and

(b) has not, during the period allowed under paragraph 4, paid the whole of the notified amount outstanding.

(3) If a notification under paragraph 4 relates to more than one contravention, a separate penalty may be imposed in respect of each contravention.

(4) If a notification under that paragraph relates to a continuing contravention, no more than one penalty may be imposed in respect of the period of contravention specified in the notification.

(5) The amount of a penalty imposed under this paragraph is to be such amount as OFCOM determine to be—

(a) appropriate, and

(b) proportionate to the contravention in respect of which it is imposed.

(6) The amount must not be more than twice the amount of the charge fixed for the year in relation to which the contravention occurred.

(7) In making the determination of the amount of the penalty OFCOM must have regard to—

(a) any representations made to them by the person, and

(b) any steps taken by the person towards paying the amounts that the person was notified under paragraph 4 were outstanding.

(8) If OFCOM impose a penalty on a person under this paragraph, they must—

(a) within one week of making their decision to impose the penalty, notify that person of that decision and of their reasons for it, and

(b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.

(9) A penalty imposed under this paragraph—

(a) must be paid to OFCOM, and

(b) if not paid within the period fixed by them, is to be recoverable by them accordingly.

(10) This paragraph does not affect OFCOM's power to bring proceedings (whether before or after the imposition of a penalty under this paragraph) for the recovery of the whole or part of an amount due to them under paragraph 1.