Part 3

Regulation of postal services

Financial support for universal postal service

Contributions for meeting burden
46
1
This section applies where the Secretary of State has directed OFCOM to require contributions to be made for meeting some or all of the burden concerned.
2
The contributions are to be made by either or both of the following—
a
postal operators providing services within the scope of the universal postal service,
b
users of services within the scope of the universal postal service (by way of the charges paid by them).
3
OFCOM may determine that the contributions under this section are to be made only by a description of postal operator or user.
4
The assessment, collection and distribution of the contributions must be carried out in accordance with a mechanism provided for in a scheme contained in regulations made by OFCOM.
5
OFCOM must exercise their power to make the regulations in a way they consider will secure the operation of the scheme—
a
in an objective, proportionate and transparent way,
b
in a way that does not involve, or tend to give rise to, any undue discrimination against particular postal operators (or a particular description of postal operators) or particular users (or a particular description of users), and
c
in a way that avoids, or (if that is impracticable) minimises, any distortion of competition.
6
The regulations may provide for—
a
the scheme, and
b
any fund set up for the purposes of the scheme,
to be administered by OFCOM or some other person specified in the regulations.
7
A person may be specified only if OFCOM are satisfied as to the person's independence of both—
a
universal service providers, and
b
postal operators providing postal services within the scope of the universal postal service.
8
The regulations may not be made unless—
a
the Secretary of State has consented to the making of them and
b
a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
S. 46 in force at 1.10.2011 by S.I. 2011/2329, art. 3