Part VII

Miscellaneous and supplementary

Supplementary powers of the Secretary of State

Power to ensure compliance with the Postal Services Directive
102
1
This section applies if the Secretary of State—
a
considers—
i
that a Community 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 the Commission or the Council 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.