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Postal Services Act 2011

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Change 1

What to do with it
As published

41 Notification condition

(1) OFCOM may impose a notification condition on— (a) every person providing, or intending to provide, a service within the scope of the universal postal service, or (b) every person providing, or intending to provide, a service within the scope of the universal postal service of a specified description. (2) A notification condition is a condition requiring the person to give OFCOM— (a) advance notice of the person's intention to provide a letters business on a specified scale (whether or not the person is currently providing a letters business or any other postal service), and (b) where the person is already providing a letters business on a specified scale, advance notice of the person's intention to expand the business by a specified extent. (3) A specified scale or extent may be determined by reference to any specified factor. (4) The Secretary of State may at any time direct OFCOM to impose a notification condition. (5) The direction may (but need not) specify some or all of the provision to be contained in the condition. (6) Where a notification condition applies to a person at a time when the person is not providing a postal service— (a) Schedule 7 (enforcement of regulatory conditions) is to have effect as if paragraph 7(2) and (3) were omitted and as if, for the purposes of paragraph 11, the person were providing a postal service, and (b) Schedule 8 (information provisions) is to have effect as if the person were a person falling within paragraph 1(2) and as if, for the purposes of paragraph 8, the person were providing a postal service. (7) In this section— “advance notice” means written notice given at least a specified period of time before the person intends to do as mentioned in subsection (2)(a) or (b), “a letters business” means a postal service which consists in the delivery of letters, and “specified” means specified in the notification condition.

Your change, as a redline

41 Notification condition

(1) OFCOM may impose a notification condition on— (a) every person providing, or intending to provide, a service within the scope of the universal postal service, or (b) every person providing, or intending to provide, a service within the scope of the universal postal service of a specified description. (2) A notification condition is a condition requiring the person to give OFCOM— (a) advance notice of the person's intention to provide a letters business on a specified scale (whether or not the person is currently providing a letters business or any other postal service), and (b) where the person is already providing a letters business on a specified scale, advance notice of the person's intention to expand the business by a specified extent. (3) A specified scale or extent may be determined by reference to any specified factor. (4) The Secretary of State may at any time direct OFCOM to impose a notification condition. (5) The direction may (but need not) specify some or all of the provision to be contained in the condition. (6) Where a notification condition applies to a person at a time when the person is not providing a postal service— (a) Schedule 7 (enforcement of regulatory conditions) is to have effect as if paragraph 7(2) and (3) were omitted and as if, for the purposes of paragraph 11, the person were providing a postal service, and (b) Schedule 8 (information provisions) is to have effect as if the person were a person falling within paragraph 1(2) and as if, for the purposes of paragraph 8, the person were providing a postal service. (7) In this section— “advance notice” means written notice given at least a specified period of time before the person intends to do as mentioned in subsection (2)(a) or (b), “a letters business” means a postal service which consists in the delivery of letters, and “specified” means specified in the notification condition.

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