include provision requiring the universal
service provider concerned—Postal Services Act 2011 (c. 5)
Part 3 — Regulation of postal services
23
(a) to publish information about the extent to which it is providing
specified postal services in accordance with specified standards, and
(b) to publish annually an independently audited performance report.
(2) The reference here to an independently audited performance report is to a
report that—
(a) contains information about the provider’s performance in complying
with specified requirements under the designated USP condition, and
(b) is audited by an independent person for accuracy and, if there are two
or more universal service providers, for its usefulness in comparing
information published by other universal service providers.
(3) An “independent person” means a person who is independent of both OFCOM
and universal service providers.
(4) OFCOM must notify the European Commission of anything contained in a
designated USP condition as a result of subsection (1).
(5) A designated USP condition may require the universal service provider
concerned to meet the costs of the audit required as a result of subsection (1)(b).
(6) A designated USP condition may include other provision requiring the
universal service provider concerned to publish information about its
performance in complying with specified requirements under the designated
USP condition.
(7) The provision made as a result of this section—
(a) must include provision—
(i) requiring information previously published to be updated and
published again, and
(ii) requiring the published information to satisfy requirements
that OFCOM consider appropriate to secure its adequacy, and
(b) may include requirements as to the times at which, and the manner in
which, the information is to be published.
(8) In this section “specified” means specified in the designated USP condition.
38 USP access conditions
(1) OFCOM may impose a USP access condition on a universal service provider.
(2) A USP access condition is a condition requiring the provider to do either or
both of the following—
(a) to give access to its postal network to other postal operators or users of
postal services, and
(b) to maintain a separation for accounting purposes between such
different matters relating to access (including proposed or potential
access) to its postal network as OFCOM may direct.
(3) The provider’s “postal network” means the systems and all the resources used
by the provider for the purpose of complying with its universal service
obligations (and, accordingly, includes arrangements made with others for the
provision of any service).
(4) OFCOM may not impose a USP access condition unless it appears to them that
the condition is appropriate for each of the following purposes—
(a) promoting efficiency