Part 3

Regulation of postal services

Universal service providers

Publication of information about performance
37
1
A designated USP condition must include provision requiring the universal service provider concerned—
a
to publish information about the extent to which it is providing specified postal services in accordance with specified standards, and
b
to publish annually an independently audited performance report.
2
The reference here to an independently audited performance report is to a report that—
a
contains information about the provider's performance in complying with specified requirements under the designated USP condition, and
b
is audited by an independent person for accuracy and, if there are two or more universal service providers, for its usefulness in comparing information published by other universal service providers.
3
An “independent person” means a person who is independent of both OFCOM and universal service providers.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A designated USP condition may require the universal service provider concerned to meet the costs of the audit required as a result of subsection (1)(b).
6
A designated USP condition may include other provision requiring the universal service provider concerned to publish information about its performance in complying with specified requirements under the designated USP condition.
7
The provision made as a result of this section—
a
must include provision—
i
requiring information previously published to be updated and published again, and
ii
requiring the published information to satisfy requirements that OFCOM consider appropriate to secure its adequacy, and
b
may include requirements as to the times at which, and the manner in which, the information is to be published.
8
In this section “specified” means specified in the designated USP condition.
S. 37 in force at 1.10.2011 by S.I. 2011/2329, art. 3
S. 37(4) omitted (31.1.2020) by virtue of The Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1417), regs. 1, 3(4)(c); 2020 c. 1, Sch. 5 para. 1(1)