SCHEDULES
SCHEDULE 9

Transitional provisions for Part 3

Power to extend operation of time-limited licence condition
8
1
This paragraph applies if it appears to the Secretary of State—
a
that a licence condition applicable before the appointed day to the universal service provider depends for its continuing operation on forecast figures indicating the volume of business in future periods (“index years”) set out in the condition, and
b
that the index years and forecast figures set out in the condition do not extend beyond the index year ending 31 March 2011.
2
The Secretary of State may by order amend that condition so as to specify a forecast figure for the index year ending 31 March 2012.
3
The power of the Secretary of State is limited to inserting a forecast figure produced by applying the same methods as were used by Postcomm to determine the forecast figure for the index years presently set out in the condition.
4
If it appears to the Secretary of State that Postcomm has produced, using those methods, a forecast figure for the index year ending 31 March 2012, the Secretary of State may adopt its figure and need not repeat, or examine the basis of, the work done by it in producing that figure.
5
Before making an order under this paragraph the Secretary of State must—
a
consult the universal service provider and such other persons as the Secretary of State considers appropriate, and
b
consider any representations made before the end of the consultation period.
6
The consultation period, in relation to a person, is the period of 21 days beginning with the day on which the person is consulted.
7
The requirements of sub-paragraph (5) may be met by consultation and consideration before the passing of this Act.
8
If an order under this paragraph is made before the appointed day, the reference in paragraph 4(2) to the licence conditions applicable immediately before that day is to be read accordingly as a reference to the conditions as amended by the order.