2020 No. 583
Exiting The European Union
Postal Services

The Cross-border Parcel Delivery Services (Amendment) (EU Exit) Regulations 2020

Sift requirements satisfied
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 20181 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of that Act2.

Citation and commencement

1.

These Regulations may be cited as the Cross-border Parcel Delivery Services (Amendment) (EU Exit) Regulations 2020 and come into force on exit day.

Amendments to the Postal Services Act 2011

2.

The Postal Services Act 20113 is amended as follows.

3.

In section 55(2)(b), omit “and certain other requirements deriving from EU law”.

4.

(1)

Schedule 8 is amended as follows.

(2)

In paragraph 1(3) (Information required for purposes of OFCOM’s functions in relation to postal services)—

(a)

in paragraph (g), insert “and” at the end;

(b)

in paragraph (h), omit “and” and insert a full stop at the end;

(c)

omit paragraph (i).

(3)

In paragraph 4 (Manner in which information may be required), omit sub-paragraph (1A).

(4)

In paragraph 5(1) (Notification of contravention of information requirements), omit paragraph (b).

(5)

In paragraph 8(4) (Suspending service provision for contravention of information requirements), omit “or by or under Article 4, 5 or 6 of the EU parcel services regulation”.

(6)

Omit paragraph 16 (Interpretation).

Paul Scully
Minister for Small Business, Consumers and Corporate Responsibility
Department for Business, Energy and Industrial Strategy
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

The Cross-border Parcel Delivery Services (EU Information Requirements) Regulations 2019 (“the 2019 Regulations”) amended the Postal Services Act 2011 (c.5) (“the 2011 Act”) to extend the information gathering powers and enforcement powers of OFCOM under that Act to infringements of EU Regulation 2018/644 on cross-border parcel delivery services (“the EU Regulation”). The amendments came into force on 23rd November 2019.

By virtue of the Postal and Parcel Services (Amendment etc.) (EU Exit) Regulations 2018 the EU Regulation will be revoked in its entirety on exit day, as defined in the 2018 Act. As a consequence, these Regulations will reverse the changes made to the 2011 Act by the 2019 Regulations from that day: regulation 3 amends section 55 of 2011 Act and regulation 4 amends Schedule 8 of the 2011 Act, which makes provision for requiring information to be provided to OFCOM to carry out their functions for the purposes of the EU Regulation.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.