Postal Services Act 2000 (c. 26)

(The document as of February, 2008)

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(6) A notice under this section shall be given by--

(a) serving a copy of the notice on the licence holder and the Council, and

(b) publishing the notice in such manner as the Commission considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of persons likely to be affected by them.

(7) This section has effect subject to section 33.

33 Penalties: further procedural requirements

(1) The Commission shall not vary the proposed amount of a penalty as stated in a notice under section 32(1) unless--

(a) the licence holder consents to the variation, or

(b) the Commission complies with the requirements of subsection (2).

(2) The requirements are that the Commission shall--

(a) give notice of the proposed variation, and

(b) consider any representations made in accordance with the notice and not withdrawn.

(3) The notice shall state--

(a) the proposed variation,

(b) the reasons for it, and

(c) the period (not less than 7 days starting with the date of publication of the notice) within which representations may be made in relation to the proposed variation.

(4) If, after giving notice under section 32(1) or subsection (2) of this section, the Commission decides not to impose a penalty, it shall give notice of that decision.

(5) A notice under this section shall be given by--

(a) serving a copy of the notice on the licence holder and the Council, and

34 Time-limits on the imposition of penalties

(1) No penalty shall be imposed under section 30 in respect of a contravention of a licence condition--

(a) where a provisional order has been made but not confirmed in respect of the contravention and no final order has been made in respect of it, unless a copy of the notice under section 32(1) has been served on the licence holder no later than six months starting with the date on which the provisional order was made,

(b) where a provisional order has been confirmed or a final order made in respect of the contravention, unless a copy of the notice under section 32(1) has been served on the licence holder no later than three months starting with the date on which the order was confirmed or (as the case may be) made.

(2) No penalty shall be imposed under section 30 in respect of a contravention of a licence condition for which no provisional or final order has been made unless a copy of the notice under section 32(1) has been served on the licence holder within twelve months from the time of the contravention.

35 Interest and payments by instalment

(1) If the whole or any portion of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time shall carry interest at the rate for the time being specified in section 17 of the [1838 c. 110.] Judgments Act 1838.

(2) Where an application has been made under section 32(5), the penalty shall not be required to be paid until the application has been determined, withdrawn or otherwise dealt with.

(3) If a portion of a penalty has not been paid by the date required for it, the Commission may, where it considers it appropriate to do so, require so much of the penalty as has not already been paid to be paid immediately.

36 Appeals

(1) This section applies if a licence holder on whom a penalty is imposed under section 30 is aggrieved by--

(a) the imposition of the penalty,

(b) the amount of the penalty, or

(c) the date by which the penalty is required to be paid or (as the case may be) the different dates by which portions of the penalty are required to be paid.

(2) The licence holder may apply to the court.

(3) If a copy of the notice under section 32(3) was served on the licence holder, the application to the court shall, subject to subsection (4), be made within the period of 42 days starting with the day on which the copy was served on the licence holder.

(4) If the application relates to a decision of the Commission on an application by a licence holder under section 32(5), the application to the court shall be made within the period of 42 days starting with the day on which the licence holder is notified of the decision.

(5) On an application under this section, the court may--

(a) quash the penalty,

(b) substitute a penalty of such lesser amount as the court considers appropriate, or

(c) in a case falling within subsection (1)(c), substitute for the date or dates imposed by the Commission an alternative date or dates,

if it considers it appropriate to do so and is satisfied of one or more of the grounds mentioned in subsection (6).

(6) The grounds are--

(a) that the imposition of the penalty was not within the powers of the Commission under section 30,

(b) that any of the requirements of section 32 or 33 have not been complied with in relation to the imposition of the penalty and the interests of the licence holder have been substantially prejudiced by the non-compliance,

(c) that it was unreasonable of the Commission to require the penalty to be paid by the date concerned or (as the case may be) to require portions of it to be paid by the dates concerned.

(7) Where an application has been made under this section, the penalty shall not be required to be paid until the application has been determined, withdrawn or otherwise dealt with.

(8) Where the court substitutes a penalty of a lesser amount it may require the payment of interest on the substituted penalty at such rate, and from such date, as it considers appropriate.

(9) Where the court specifies as a date by which the penalty, or a portion of the penalty, is to be paid a date before the determination of the application under this section it may require the payment of interest on the penalty, or portion, from that date at such rate as it considers appropriate.

(10) Except as provided by this section, the validity of a penalty shall not be questioned in any legal proceedings.

(11) In this section "the court" means--

(a) in relation to England and Wales or Northern Ireland, the High Court, and

(b) in relation to Scotland, the Court of Session.

37 Recovery of penalties

Where a penalty imposed under section 30, or any portion of such a penalty, has not been paid by the date on which it is required to be paid and--

(a) no application relating to the penalty has been made under section 36 during the period within which such an application may be made, or

(b) any such application which has been made has been determined, withdrawn or otherwise dealt with,

the Commission may recover from the licence holder any of the penalty and any interest which has not been paid; and in England and Wales and Northern Ireland such penalty and interest may be recovered as a civil debt due to the Commission.

Miscellaneous

38 Register

(1) The Commission shall compile and maintain a register for the purposes of this Part.

(2) The register shall be kept at such premises and in such form as the Commission considers appropriate.

(3) The Commission shall cause the following matters to be entered in the register--

(a) the provisions of every licence,

(b) every modification, revocation or surrender of a licence,

(d) the terms of every final or provisional order made or confirmed and every revocation of such an order,

(e) every penalty imposed under section 30 and every notice under section 32(3).

(4) The duty in subsection (3) does not extend to anything of which the Commission is unaware.

(5) So far as practicable the Commission shall secure the exclusion from the register of any matter relating to the affairs of a person if the Commission considers that its inclusion would or might seriously and prejudicially affect the person's interests.

(6) Subsection (5) does not apply if--

(a) the person concerned consents to the matter being entered in the register, or

(b) the Commission considers that entering the matter in the register would be in the public interest.

(7) If the Secretary of State considers that entry of anything in the register would be against the public interest or any person's commercial interests, he may direct the Commission not to enter it.

(8) The Commission shall secure that the contents of the register are available for inspection by the public--

(a) during such hours as may be specified in an order made by the Secretary of State, and

(b) subject to such reasonable fees (if any) as the Commission may determine.

(9) If requested by any person to do so and subject to such reasonable fees (if any) as the Commission may determine, the Commission shall supply the person concerned with a copy (certified to be true) of the register or of an extract from it.

39 Recovery of costs of the Council etc

The Secretary of State may give directions to the Commission as to--

(a) the inclusion in any licence of conditions requiring the payment of sums relating to the expenses of the Council, or of the Secretary of State in relation to the establishment of the Council,

(b) the exercise of any power of the Commission to determine anything falling to be determined under such conditions.

40 Directors' remuneration

(1) This section applies to any licence holder which is a company.

(2) As soon as practicable after the end of each financial year of the company it shall make a statement to the Commission--

(a) disclosing whether or not remuneration has been paid or become due during that financial year to the directors of the company as a result of arrangements falling within subsection (3), and

(b) where such remuneration has been paid or become due, describing the arrangements and the remuneration.

(3) Arrangements fall within this subsection if they are arrangements for linking the remuneration of the directors to standards of performance--

(a) specified for the company in its licence, or determined for the company by or under the licence, or

(b) set or agreed to by the company,

in relation to the provision of services authorised or required by the licence.

(4) A description under subsection (2)(b) shall include--

(a) a statement of when the arrangements were made,

(b) a description of the standards of performance in question,

(d) an explanation of how the remuneration was calculated.

(5) The statement required by subsection (2) shall also state--

(a) whether or not there are in force in respect of the financial year during which the statement is made arrangements falling within subsection (3),

(b) if not, whether the company intends that such arrangements will be in force at some time during that financial year,

and if there are, or it is intended that there will be, such arrangements in force the statement shall describe those arrangements.

(6) A description under subsection (5) shall--

(a) include the matters mentioned in subsection (4)(a) to (c), and

(b) where the arrangements described are different from any arrangements described under subsection (2)(b), state the likely effect of those differences on the remuneration of each director of the company.

(7) The statement required by subsection (2) shall be made to the Commission in such manner as may be required by the Commission.

(8) The statement required by subsection (2)--

(a) shall be published by the company making the statement in such manner as it considers will secure adequate publicity for the statement, and

(b) may be published by the Commission in such manner as it may consider appropriate.

(9) The duty of a company under this section applies in relation to any person who has at any time been a director of the company.

(10) In this section--

"company" means a company within the meaning of the [1985 c. 6.] Companies Act 1985, or the [S.I. 1986/1032 (N.I. 6).] Companies (Northern Ireland) Order 1986, which is limited by shares,
"remuneration" in relation to a director of a company--
(a)
means any form of payment, consideration or other benefit (including pension benefit) paid or due to or in respect of the director, and
(b)
includes remuneration in respect of any of his services while a director of the company.

41 Free services for the blind and partially sighted

(1) The Secretary of State may direct the Commission to impose, as a condition of a relevant licence, a requirement that the licence holder provide such free postal services as may be specified in the direction to such descriptions of blind or partially sighted persons as may be so specified.

(2) The requirement shall not come into force unless--

(a) the Secretary of State directs the Commission to bring it into force, and

(b) the Commission gives notice of the direction to the licence holder.

(3) The Secretary of State shall consult the Commission and the Council before giving any direction under this section.

(4) In this section "relevant licence" means a licence to be granted which is to require the person holding it to provide a universal postal service or part of such a service.

Part III Other functions of the Commission and the Council

The Commission

42 Duties in relation to public post offices

(1) The Commission shall provide advice and information to the Secretary of State about--

(a) the number and location of public post offices of such descriptions as the Secretary of State may specify, and

(b) their accessibility to users of postal and other services.

(2) The Commission shall consult the Council before providing any advice or information under this section.

(3) In this Act "public post office" means any post office from which any postal services are provided directly to the public (whether or not together with other services).

43 Duties in relation to social and environmental matters

(1) The Commission shall, in exercising its functions, have regard to any guidance given by the Secretary of State under this section.

(2) The Secretary of State shall from time to time give guidance about the making by the Commission of a contribution towards the attainment of any social or environmental policies set out or referred to in the guidance.

(3) Before giving any such guidance, the Secretary of State shall consult--

(a) the Commission,

(b) the Council,

(d) any licence holder under Part II who is not a universal service provider, and

(e) such other persons as the Secretary of State considers appropriate.

(4) A draft of any guidance proposed to be given under this section shall be laid before each House of Parliament.

(5) Guidance shall not be given under this section until after the period of 40 days starting with--

(a) the day on which the draft is laid before each House of Parliament, or

(b) if the draft is laid before the House of Lords on one day and the House of Commons on another day, the later of those two days.

(6) If, before the end of that period, either House resolves that the guidance should not be given, the Secretary of State shall not give it.

(7) In reckoning any period of 40 days for the purposes of subsection (5) or (6), no account shall be taken of any time during which--

(a) Parliament is dissolved or prorogued, or

(b) both Houses are adjourned for more than four days.

(8) The Secretary of State shall publish any guidance given by him under this section in such manner as he considers appropriate.

44 Review and information

(1) So far as the Commission considers it practicable to do so with a view to facilitating the exercise of its functions, it shall--

(a) keep under review the provision (in the United Kingdom, other member States and elsewhere) of postal services,

(b) collect information about the provision (in the United Kingdom, other member States and elsewhere) of those services.

(2) The Secretary of State may give directions indicating considerations to which the Commission is to have particular regard in deciding the order of priority in which matters are to be reviewed in performing its duty under subsection (1)(a).

(3) So far as the Commission considers it practicable to do so with a view to facilitating the exercise of its functions, it shall, in particular, collect information which enables comparisons to be made between the efficiency and economy of different postal operators (whether in the United Kingdom, other member States or elsewhere).

(4) The Commission shall from time to time collect information in relation to the standards of performance achieved by--

(a) any universal service provider in the provision of a universal postal service, and

(b) so far as not falling within paragraph (a), licence holders under Part II in the provision of services authorised or required by their licences.

(5) The Commission may collect such information as is necessary for it to comply with a notice of the Council under section 58(1).

(6) If the Commission considers it expedient or is asked by the Secretary of State to do so, it shall provide information, advice and help to the Secretary of State regarding any matter in relation to which the Commission has a function.

45 Annual and other reports: the Commission

(1) The Commission shall, as soon as practicable after the end of each financial year, make a report to the Secretary of State on its activities during that year ("the annual report").

(2) The annual report for each year shall, in particular, include--

(a) a general survey of developments in relation to matters falling within the scope of the Commission's functions,

(b) a report as to the manner in which the Commission has complied with its obligations under the Postal Services Directive,

(c) a report as to whether each licence holder under Part II has achieved any standards of performance specified for him in his licence, or determined for him by or under it, in relation to the provision of services authorised or required by his licence,

(d) a summary of final and provisional orders made under Part II during that year, of provisional orders confirmed under that Part during that year, and penalties imposed under that Part during that year,

(e) a report on the progress of the projects described in the forward work programme for that year (within the meaning of section 61),

(f) a report on such other matters as the Secretary of State may from time to time require.

(3) The Secretary of State shall consult the Commission before exercising his power under subsection (2)(f) in relation to any matter.

(4) The Secretary of State shall--

(a) lay a copy of each annual report before each House of Parliament, and

(b) publish the report in such manner as he considers appropriate.

(5) The Commission may prepare other reports in relation to any matter falling within the scope of its functions and may publish any such report in such manner as it considers appropriate.

(6) The Commission shall send a copy of each annual or other report published under this section to the Council.

(7) So far as practicable the Commission shall secure the exclusion from any report under this section of any matter relating to the affairs of a person if the Commission considers that its inclusion would or might seriously and prejudicially affect the person's interests.

(8) Subsection (7) does not apply if--

(a) the person concerned consents to inclusion of the matter in the report, or

(b) the Commission considers that inclusion of the matter in the report would be in the public interest.

46 Publication of information and advice: the Commission

(1) The Commission may publish such information and advice as it considers expedient to give to--

(a) a universal service provider,

(b) any licence holder under Part II who is not a universal service provider, or

(2) Publication under this section shall be in such form and manner as the Commission considers appropriate.

(3) So far as practicable the Commission shall secure the exclusion of any matter relating to the affairs of a person if the Commission considers that its publication would or might seriously and prejudicially affect the person's interests.

(4) Subsection (3) does not apply if--

(a) the person concerned consents to publication of the matter, or

(b) the Commission considers that publication of the matter would be in the public interest.

47 Power of the Commission to require information

(1) The Commission may, for any relevant purpose, serve notice on any person requiring him--

(a) to produce any documents which are specified or described in the notice and are in that person's custody or under his control, and

(b) to produce them at a time and place so specified and to a person so specified.

(2) The Commission may, for any relevant purpose, serve notice on any person who carries on any business requiring him--

(a) to supply to the Commission such information as may be specified or described in the notice, and

(b) to supply it at a time and place and in a form and manner so specified and to a person so specified.

(3) The person to whom any document is produced in accordance with a notice under this section may, for any relevant purpose, copy the document so produced.

(4) No person shall be required under this section--

(a) to produce any documents which he could not be compelled to produce in civil proceedings before the court, or

(b) to supply any information which he could not be compelled to supply in evidence in such proceedings.

(5) Any reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form.

(6) In this section--

"the court"--
(a)
in relation to England and Wales or Northern Ireland, means the High Court, and
(b)
in relation to Scotland, means the Court of Session,
"relevant purpose" means any purpose connected with--
(a)
the investigation of an offence under section 6 or any proceedings for such an offence, or
(b)
the exercise of the Commission's functions under section 22, 23, 24, 30, 42 or 44(4) or (5).

48 Information powers: enforcement

(1) A person commits an offence if, without reasonable excuse, he fails to do anything required of him by a notice under section 47.

(2) A person commits an offence if he intentionally obstructs or delays any person in the exercise of his powers under section 47(3).

(3) A person who commits an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) A person commits an offence if he--

(a) intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under section 47, or

(b) in supplying any information required of him by a notice under section 47, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular.

(5) A person who commits an offence under subsection (4) shall be liable--

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(6) If a person makes default in complying with a notice under section 47, the court may, on the application of the Commission, make such order as the court considers appropriate for requiring the default to be made good.

(7) Any such order may, in particular, provide that all the costs or expenses of and incidental to the application shall be borne--

(a) by the person in default, or

(b) if officers of a company or other association are responsible for its default, by those officers.

(8) The reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.

(9) In this section "the court"--

(a) in relation to England and Wales or Northern Ireland, means the High Court, and

(b) in relation to Scotland, means the Court of Session.

49 Powers of entry and seizure

(1) Subsection (2) applies where, on an application made by a constable or the Commission, a justice of the peace or, in Scotland, a sheriff is satisfied that there are reasonable grounds for suspecting--

(a) that a person has committed an offence under section 6 ("the suspect"), and

(b) that articles or documents of a particular description which are required for the purposes of an investigation of the offence are on particular premises.

(2) The justice or sheriff may issue a warrant authorising a person appointed by him ("the appointed person") to enter the premises concerned, search for the articles or documents and, subject to subsection (3), seize and remove any that he may find.

(3) A warrant issued under subsection (2) shall not authorise the seizure and removal of any postal packet, mail-bag or document to which section 104(2) applies; but any such warrant may authorise the appointed person to take copies of the cover of any such packet, bag or document that he finds.

(4) The appointed person, in the exercise of his powers under a warrant issued under this section, may if necessary use reasonable force.

(5) The appointed person, in seeking to enter any premises in the exercise of his powers under the warrant, shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of the warrant, before entering.

(6) Any articles or documents which have been seized and removed under a warrant issued under this section may be retained until the conclusion of proceedings against the suspect.

(7) For the purposes of this section, proceedings in relation to a suspect are concluded if--

(a) he is found guilty and sentenced or otherwise dealt with for the offence,

(b) he is acquitted,

(d) it is decided not to prosecute him.

(8) In this section "premises" includes any vehicle, ship or aircraft.

50 Codes of practice

(1) The Commission shall prepare, and may revise, a code of practice governing the discharge by it of its functions.

(2) The Commission shall, in exercising its functions, have regard to the provisions of the code.

(3) In preparing or revising the code, the Commission shall consult--

(a) the Secretary of State,

(b) the Council,

(d) any licence holder under Part II who is not a universal service provider, and

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