Part 3

Regulation of postal services

Persons providing services within scope of universal postal service

Notification condition
41
1
OFCOM may impose a notification condition on—
a
every person providing, or intending to provide, a service within the scope of the universal postal service, or
b
every person providing, or intending to provide, a service within the scope of the universal postal service of a specified description.
2
A notification condition is a condition requiring the person to give OFCOM—
a
advance notice of the person's intention to provide a letters business on a specified scale (whether or not the person is currently providing a letters business or any other postal service), and
b
where the person is already providing a letters business on a specified scale, advance notice of the person's intention to expand the business by a specified extent.
3
A specified scale or extent may be determined by reference to any specified factor.
4
The Secretary of State may at any time direct OFCOM to impose a notification condition.
5
The direction may (but need not) specify some or all of the provision to be contained in the condition.
6
Where a notification condition applies to a person at a time when the person is not providing a postal service—
a
Schedule 7 (enforcement of regulatory conditions) is to have effect as if paragraph 7(2) and (3) were omitted and as if, for the purposes of paragraph 11, the person were providing a postal service, and
b
Schedule 8 (information provisions) is to have effect as if the person were a person falling within paragraph 1(2) and as if, for the purposes of paragraph 8, the person were providing a postal service.
7
In this section—
- “advance notice” means written notice given at least a specified period of time before the person intends to do as mentioned in subsection (2)(a) or (b),
- “a letters business” means a postal service which consists in the delivery of letters, and
- “specified” means specified in the notification condition.
S. 41 in force at 1.10.2011 by S.I. 2011/2329, art. 3