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Postal Services Act 2011
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- s. 2-93 Coming into force by S.I. 2011/2329 art. 3
Commencement Orders yet to be applied to the Postal Services Act 2011:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.I. 2011/3044 art. 2 commences (2011 c. 5)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2012/628 art. 2-8 commences (2011 c. 20)
- S.I. 2012/1662 art. 2(2)(b) commences (2011 c. 24)
Prospective
41Notification conditionE+W+S+N.I.
This section has no associated Explanatory Notes
(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.
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