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Postal Services Act 2011

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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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Commencement Information

I1S. 41 in force at 1.10.2011 by S.I. 2011/2329, art. 3

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