(1)This section applies if the Secretary of State—
(a)considers—
(i)that [F1an EU obligation] under the Postal Services Directive is not being complied with, or
(ii)that it is likely that any such obligation will not be complied with, and
(b)has been unable to obtain any undertakings from any person or persons which are sufficient to satisfy him that the situation will be remedied.
(2)The Secretary of State may by order make such provision as he considers appropriate to ensure that the obligation is or will be complied with.
(3)An order under this section may, in particular—
(a)confer functions on [F2OFCOM][F3, Citizens Advice, Citizens Advice Scotland or the GCCNI] or modify their functions,
(b)require any postal operator or any postal operators of a particular description to provide such postal services as are specified in or determined by or under the order,
(c)specify terms and conditions on which such services are to be provided or provide for such terms and conditions to be determined by or under the order,
(d)provide for the payment of sums out of money provided by Parliament for any purpose of the order,
(e)provide for the enforcement of any provision of the order (including the creation of criminal offences punishable with a fine but not imprisonment).
(4)Before making an order under this section, the Secretary of State shall consult any postal operator on whom a requirement is to be imposed by virtue of the order.
(5)In deciding whether to make an order under this section the Secretary of State shall, in particular, have regard to the likely impact of the order on any business of a postal operator on whom a requirement is to be imposed by virtue of the order.
[F4(6)An order under this section may not—
(a)confer a function on Citizens Advice or Citizens Advice Scotland, or
(b)modify a function conferred on Citizens Advice or Citizens Advice Scotland by an order under this section,
unless that body consents to the conferring or modifying of the function.]
Textual Amendments
F1Words in s. 102(1)(a)(i) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 33(2); S.I. 2011/2329, art. 3
F2Word in s. 102(3)(a) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 33(3); S.I. 2011/2329, art. 3
F3Words in s. 102(3)(a) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 7(3)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)