Part VIIU.K. Miscellaneous and supplementary

Supplementary powers of the Secretary of StateU.K.

101 Directions in interests of national security etc.U.K.

(1)The Secretary of State may give [F1a direction to OFCOM in connection with the exercise of their functions relating to postal services] if he considers it necessary or expedient to do so—

(a)in the interests of national security or in the interests of encouraging or maintaining the United Kingdom’s relations with another country or territory,

(b)in order—

(i)to discharge, or facilitate the discharge of, an international obligation,

(ii)to attain, or facilitate the attainment of, any other object which the Secretary of State considers it necessary or expedient to attain in view of Her Majesty’s Government in the United Kingdom being a member of an international organisation or a party to an international agreement, or

(iii)to enable Her Majesty’s Government in the United Kingdom to become a member of such an organisation or a party to such an agreement.

(2)Directions under subsection (1) may, in particular, require [F2OFCOM]—

(a)to do or not to do a particular thing, or

(b)to secure that a particular thing is done or not done.

(3)The Secretary of State may, if he considers it necessary or expedient to do so for any of the purposes mentioned in subsection (1)(a) or (b), give [F3a direction (relating to the provision of postal services) to—

(a)a postal operator,

(b)a description of postal operators, or

(c)all postal operators.]

(4)Directions under subsection (3) may, in particular, require a [F4postal operator]—

(a)to do or not to do a particular thing, or

(b)to secure that a particular thing is done or not done.

(5)Before giving a direction under subsection (1), the Secretary of State shall consult [F5OFCOM].

[F6(6)Before giving a direction under subsection (3) to a particular postal operator (as opposed to all postal operators or a description of them), the Secretary of State must consult the operator.]

(7)The Secretary of State—

(a)shall send to [F7OFCOM] a copy of any direction given under subsection (3), and

(b)shall lay before each House of Parliament a copy of any direction given under this section.

(8)Subsection (7)(b) does not apply if the Secretary of State considers that the disclosure of the direction would be against the interests of national security or the interests of the United Kingdom’s relations with another country or territory or against the commercial interests of any person who has not consented to the disclosure.

(9)A person shall not disclose, and is not required by any enactment or otherwise to disclose, a direction given or other thing done or omitted to be done by virtue of this section if the Secretary of State notifies him that he considers that—

(a)disclosure would be against the interests of national security or the interests of the United Kingdom’s relations with another country or territory, or

(b)disclosure would be against the commercial interests of any person (other than the person notified) who has not consented to the disclosure.

(10)A person commits an offence if—

(a)without reasonable excuse he contravenes a direction under this section, or

(b)he makes a disclosure in contravention of subsection (9).

(11)A person who commits an offence under this section shall be liable—

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

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.