1(1)OFCOM may require a person falling within sub-paragraph (2) to provide them with all such information as they consider necessary for the purpose of carrying out any of their functions in relation to postal services.U.K.
(2)The persons within this sub-paragraph are—
(a)a person who is, or has been, a postal operator,
(b)a person who provides, or has provided, access points or other facilities for use in connection with a postal service, and
(c)a person not falling within paragraph (a) or (b) who appears to OFCOM to have information required by them for the purpose of carrying out any of their functions in relation to postal services.
(3)The required information may, in particular, include information required for any one or more of the following purposes—
(a)ascertaining whether a contravention of a regulatory requirement (within the meaning of Schedule 7) has occurred or is occurring,
(b)ascertaining whether a provision of a regulatory condition which is for the time being in force continues to be effective for the purpose for which it was made,
(c)making a designation in accordance with regulations made under section 35,
(d)carrying out a review under section 35 or 44,
(e)ascertaining or verifying amounts payable by virtue of section 46,
(f)ascertaining or verifying charges payable under Schedule 4,
(g)identifying markets and carrying out market analyses or assessments in accordance with, or for the purposes of, any enactment relating to postal services, F1... [F2and]
(h)statistical purposes connected with the carrying out of any of OFCOM's functions in relation to postal services F3... .
F4(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)A demand for information under this paragraph must be proportionate to the use to which the information is to be put in the carrying out of OFCOM's functions.
Textual Amendments
F1Word in Sch. 8 para. 1(3)(g) omitted (23.11.2019) by virtue of The Cross-border Parcel Delivery Services (EU Information Requirements) Regulations 2019 (S.I. 2019/1429), regs. 1(1), 3(2)(a)
F2Word in Sch. 8 para. 1(3)(g) inserted (31.12.2020) by The Cross-border Parcel Delivery Services (Amendment) (No.2) (EU Exit) Regulations 2020 (S.I. 2020/1036), regs. 1(2), 4(2)(a)
F3Word in Sch. 8 para. 1(3)(h) omitted (31.12.2020) by virtue of The Cross-border Parcel Delivery Services (Amendment) (No.2) (EU Exit) Regulations 2020 (S.I. 2020/1036), regs. 1(2), 4(2)(b)
F4Sch. 8 para. 1(3)(i) omitted (31.12.2020) by virtue of The Cross-border Parcel Delivery Services (Amendment) (No.2) (EU Exit) Regulations 2020 (S.I. 2020/1036), regs. 1(2), 4(2)(c)
Commencement Information
I1Sch. 8 para. 1 in force at 1.10.2011 by S.I. 2011/2329, art. 3