- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Postal Services Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
1(1)In deciding whether to approve a redress scheme, OFCOM must have regard to—E+W+S+N.I.
(a)the provisions of the scheme,
(b)the manner in which the scheme will be operated (so far as that can be judged from the facts known to OFCOM),
(c)the interests of users of postal services (including, in particular, the number of other redress schemes which are, or are likely to be, approved), and
(d)applicable best practice.
(2)“Applicable best practice” means the principles—
(a)which, in OFCOM's opinion, constitute generally accepted principles of best practice in relation to schemes for providing redress to consumers, and
(b)which it is reasonable to regard as applicable to the scheme.
(3)OFCOM must not approve a redress scheme unless—
(a)the membership of the scheme is open to all postal operators,
(b)the independent adjudicator may require members of the scheme to provide complainants with the minimum types of redress (whether or not other types of redress are available), and
(c)OFCOM consider that the scheme makes satisfactory provision about the matters listed in sub-paragraph (6).
(4)Sub-paragraph (3)(a) is not to be read as preventing OFCOM from approving a redress scheme that contains provision as to the expulsion of its members.
(5)The minimum types of redress are—
(a)providing an apology or explanation,
(b)paying compensation, and
(c)taking such other action in the interests of the complainant as the independent adjudicator may specify.
(6)The matters are—
(a)the matters about which complaints may be made (which may include contravention of a code of practice or other document),
(b)the independent adjudicator's duties and powers in relation to the investigation and determination of complaints (which may include power to decide not to investigate or determine a complaint),
(c)the enforcement of any requirement to provide redress imposed on a member of the scheme,
(d)the acceptance and handling of complaints transferred from redress schemes which have their approval withdrawn under paragraph 2, and
(e)the provision of information by the independent adjudicator to the persons within sub-paragraph (7) (and, in the case of persons within sub-paragraph (7)(e) and (f), for the purposes mentioned there).
(7)The persons are—
(b)persons carrying out functions under other redress schemes that apply to postal operators,
(c)the National Consumer Council,
(d)the Secretary of State,
(e)the Office of Fair Trading, for the purposes of any public consumer advice scheme supported by it, and
(f)persons who operate a public consumer advice scheme supported by the Office of Fair Trading, for the purposes of that scheme.
(8)In this paragraph “the independent adjudicator” means the person mentioned in section 52(2) who investigates and determines the complaints.
2(1)An application for approval of a redress scheme must be made in such manner, and be accompanied by such information, as OFCOM may determine.E+W+S+N.I.
(2)The person who administers an approved redress scheme must notify OFCOM of any change to the scheme.
(3)That notification must be given before the end of the period of 14 days beginning with the day on which the change is made.
(4)OFCOM may withdraw their approval of a redress scheme, and may do so generally or in relation to complaints of a description specified by OFCOM.
(5)OFCOM may, in particular, specify complaints by reference to the date on which they were made.
3(1)Before refusing or withdrawing their approval of a redress scheme, OFCOM must give the person who administers the scheme (“the scheme administrator”) a notice—E+W+S+N.I.
(a)stating that they propose to refuse or withdraw approval,
(b)giving the reasons for the proposed refusal or withdrawal, and
(c)specifying a period within which representations about the proposed refusal or withdrawal may be made.
(2)That period must be at least one month beginning with the day after the day the notice is given.
(3)OFCOM must give notice (a “decision notice”) to the scheme administrator of—
(a)OFCOM's decision on a proposal to refuse or withdraw approval, and
(b)the reasons for their decision.
(4)If the decision is to withdraw approval, OFCOM must also give notice of their decision and the reasons for it to the Secretary of State.
(5)The scheme administrator must give a copy of a decision notice to each member of the scheme.
(6)If OFCOM decide to withdraw approval, the withdrawal has effect in accordance with, and from the date specified in, the decision notice.
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
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?
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: