Part VII

Miscellaneous and supplementary

Inviolability of mails etc.

Power to detain packets in respect of unpaid or underpaid postage
104A
1
A postal operator—
a
may detain any postal packet in respect of which there has been no payment, or an underpayment, for postage, and
b
may impose a surcharge in respect of that non-payment or underpayment.
2
A postal operator may detain the packet until the correct postage and any surcharge have been paid.
3
OFCOM
may give a direction to a postal operator—
a
limiting the amount of any surcharge, and
b
limiting the length of time for which a postal packet may be detained under subsection (2) (and, if a direction is given under this paragraph, that subsection has effect subject to the direction).
4
Where a direction is given to an operator limiting the amount of a surcharge, subsection (2) has effect in relation to the operator (in any case where the surcharge would otherwise exceed the amount specified in the direction) as if the surcharge were equal to the amount specified in the direction.
5
Before giving a direction to a postal operator under this section,
OFCOM
must—
a
inform the operator that they propose to give it a direction, and
b
allow the operator an opportunity to make representations about the proposal.
S. 104A inserted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 35; S.I. 2011/2329, art. 3