(a) to provide information to OFCOM with respect to the levels of
compliance with the standards for the handling of complaints, and
(b) to publish information about the number of complaints made about
them (whether under an approved redress scheme or otherwise) and
the way in which the complaints have been dealt with.
(6) Requirements may be contained in the condition as to the times at which, and
the manner in which, any information is to be published as a result of
subsection (5)(b).
(7) A consumer protection condition imposed on a universal service provider
must include a requirement within subsection (5)(b).
General provisions
53 Imposition, modification or revocation of regulatory conditions
Schedule 6 contains general provision about the imposition of regulatory
conditions and their modification or revocation.
54 Enforcement of regulatory requirements
Schedule 7 makes provision for the enforcement of regulatory requirements
imposed by OFCOM in carrying out their functions in relation to postal
services.
55 Information
(1) Schedule 8 makes provision for requiring information to be provided to
OFCOM for the purpose of carrying out their functions in relation to postal
services or for related purposes.
(2) In that Schedule—
(a) Part 1 makes provision authorising OFCOM to require information to
be provided to them,
(b) Part 2 makes provision for the enforcement of those requirements, and
(c) Part 3 contains supplementary provision.
(3) Nothing in Schedule 7 to the Postal Services Act 2000 (disclosure of
information) prevents the Postal Services Commission from disclosing
information to OFCOM for the purposes of OFCOM’s functions in relation to
postal services.
56 General restriction on disclosure of information
(1) Information that—
(a) is obtained as a result of this Part, and
(b) relates to the affairs of an individual or to a particular business,
must not be disclosed during the lifetime of the individual or so long as the
business is carried on, except as provided by this section.
(2) Disclosure is permitted—
(a) with the consent of the individual or the person for the time being
carrying on the business,Postal Services Act 2011 (c. 5)
Part 3 — Regulation of postal services
36
(b) for the purpose of facilitating the carrying out by OFCOM of any of
their functions,
(c) for the purpose of facilitating the carrying out by the Secretary of State,
the Treasury or the Competition Commission of any of their functions
under this Act,
(d) for the purpose of facilitating the carrying out by a prescribed body or
other person of any functions under a prescribed enactment,
(e) in connection with the investigation of any criminal offence or for the
purposes of any criminal proceedings,
(f) for the purposes of any civil proceedings brought as a result of this Part
or any prescribed enactment,
(g) in pursuance of an EU obligation, or
(h) in any other prescribed circumstances or for any other prescribed
purpose.
(3) In subsection (2) “prescribed” means prescribed by an order of the Secretary of
State.
(4) An order under subsection (3) is subject to affirmative resolution procedure.
(5) This section does not apply to information that has been made available to the
public by being disclosed in circumstances in which, or for a purpose for
which, disclosure is not precluded by this section.
(6) This section also does not apply to information that is subject to the disclosure
regime in Part 9 of the Enterprise Act 2002 as a result of—
(a) section 393(8) of the Communications Act 2003 (information obtained
by OFCOM in exercise of competition functions), or
(b) section 29(3) of the Consumers, Estate Agents and Redress Act 2007
(information obtained by the National Consumer Council).
(7) A person who discloses information in contravention of this section commits
an offence.
(8) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory
maximum, or
(b) on conviction on indictment, to a fine or imprisonment for a term not
exceeding two years or both.
Appeals
57 Decisions by OFCOM to impose regulatory conditions, penalties etc
(1) For the purposes of this section a “qualifying decision” means—
(a) a decision to impose or modify a regulatory condition,
(b) a decision to give, modify or withdraw a direction, consent or approval
that falls within paragraph 2 of Schedule 6,
(c) a decision to impose a penalty, or give or modify a direction, under any
provision of Schedule 4, 7 or 8,
(d) a decision to give or modify a direction under section 89A or 116(2A) of
the Postal Services Act 2000 (schemes as to terms and conditions for
provision of postal services, and the Postcode Address File), orPostal Services Act 2011 (c. 5)
Part 3 — Regulation of postal services
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(e) a decision to give a direction under section 25(5) of the Consumers,
Estate Agents and Redress Act 2007 (enforcement of requirements to
give information to the National Consumer Council).
(2) A person affected by a qualifying decision may appeal against it to the
Competition Appeal Tribunal (“the CAT”).
(3) The means of making an appeal is by sending the CAT a notice of appeal in
accordance with rules made under section 15 of the Enterprise Act 2002.
(4) The notice of appeal must be sent within the period specified, in relation to the
decision appealed against, in those rules.
(5) In determining an appeal under this section the CAT must apply the same
principles as would be applied by a court on an application for judicial review.
(6) The CAT must either—
(a) dismiss the appeal, or
(b) quash the whole or part of the qualifying decision to which the appeal
relates.
(7) If the CAT quashes the whole or part of a qualifying decision, it may refer the
matter back to the person who made the decision with a direction to reconsider
and make a new decision in accordance with its ruling.
(8) The CAT may not direct the person who made the decision to take any action
that the person would not otherwise have the power to take in relation to the
decision.
(9) Except in the case of a decision to impose a penalty, or give or modify a
direction, under Schedule 4, 7 or 8, the effect of a qualifying decision is not
suspended by the making of an appeal against the decision under this section.
58 Appeals from the CAT
(1) An appeal lies to the appropriate court on any point of law arising from a
decision of the CAT under section 57.
(2) An appeal under this section may be brought by—
(a) a party to the proceedings before the CAT, or
(b) any other person who has a sufficient interest in the matter.
(3) An appeal under this section requires the permission of the CAT or the
appropriate court.
(4) In this section “the appropriate court” means—
(a) in relation to England and Wales and Northern Ireland, the Court of
Appeal, and
(b) in relation to Scotland, the Court of Session.
59 Price control decisions
(1) A person affected by a price control decision may appeal against it by sending
a notice of appeal to OFCOM within the period of two months beginning with
the day on which the decision is published.
(2) The notice of appeal must set out the grounds of appeal in sufficient detail to
indicate the error (or errors) which the appellant contends OFCOM made.Postal Services Act 2011 (c. 5)
Part 3 — Regulation of postal services
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(3) OFCOM must refer any appeal made in accordance with this section (and with
rules made under section 60) to the Competition Commission (“the
Commission”) as soon as reasonably practicable after it is made.
(4) The making of an appeal against a decision does not suspend the effect of the
decision.
(5) The Commission must determine an appeal before the end of—
(a) the period of 4 months beginning with the day on which OFCOM refer
the appeal to it, or
(b) if the decision appealed against is not an initial price control decision
and the Commission considers that the circumstances of the case are
exceptional, the period of 6 months beginning with that day.
If paragraph (b) applies, the Commission must, before the end of the period
mentioned in paragraph (a), publish its reasons for considering that the
circumstances of the case are exceptional.
(6) On determining the appeal, the Commission must—
(a) dismiss the appeal,
(b) allow the appeal and make its own decision on the subject matter of the
appeal, or
(c) quash the whole or part of the price control decision to which the
appeal relates.
(7) The Commission may allow the appeal, or quash the whole or part of the price
control decision to which the appeal relates, only if it considers that OFCOM
made a material error.
(8) If the Commission quashes the whole or part of a price control decision, it may
refer the matter back to OFCOM with a direction to reconsider and make a new
decision in accordance with its ruling.
(9) The Commission may not direct OFCOM to take any action that they would
not otherwise have the power to take in relation to the decision.
(10) OFCOM must give effect to any decision of the Commission under subsection
(6)(b) as soon as is reasonably practicable after it is made.
(11) The Commission may investigate any matter or do any other thing for the
purpose of making a decision under subsection (6)(b) or (c).
(12) Any decision made by the Commission under subsection (6) other than one
relating to an initial price control decision is a qualifying decision for the
purposes of section 57.
(13) In this section—
a “price control decision” means—
(a) a decision of OFCOM as to the tariffs that are to be used as
mentioned in section 36(4) (designated USP condition: tariffs),
or
(b) a decision of OFCOM (other than under Part 2 of Schedule 3) as
to prices that may be charged for the giving of access under an
access condition, and
an “initial price control decision” means—
(a) the first decision of OFCOM within paragraph (a) of the
definition of “price control decision”, or