Postal Services Act 2011

35Designation of universal service providers

(1)OFCOM may designate one or more postal operators as universal service providers.

(2)But there are only two cases in which there may be more than one postal operator designated as a universal service provider.

(3)The first case is where—

(a)OFCOM have made a procurement determination under section 45 (fairness of bearing burden of universal service obligations), and

(b)in the light of that determination, OFCOM consider it appropriate for the number of postal operators designated as universal service providers to be greater than one.

(4)The second case is where—

(a)a postal administration order has been made under Part 4, and

(b)OFCOM consider it appropriate for the number of postal operators designated as universal service providers to be greater than one for, or in connection with, achieving the objective of the postal administration.

(5)OFCOM must publish each designation in such way as they consider appropriate for bringing it to the attention of members of the public.

(6)The procedure to be followed for the making of a designation under this section must be provided for in regulations made by OFCOM.

(7)OFCOM may—

(a)review the designations for the time being in force, and

(b)consider what (if any) designated USP conditions should continue to apply to each of the universal service providers.

(8)The procedure to be followed on a review must be provided for in regulations made by OFCOM.

(9)Regulations made by OFCOM must provide for a postal operator’s designation to cease to have effect where, in any case described in the regulations, the operator is no longer subject to any universal service obligations.

(10)Both the procedure for designations and the procedure for the conduct of review of designations provided for by regulations under this section must be one appearing to OFCOM—

(a)to be efficient, objective, proportionate and transparent, and

(b)not to involve, or to tend to give rise to, any undue discrimination against any person or description of persons.

(11)OFCOM must notify the European Commission of the designations and of any case where a designation ceases to have effect (and the notification must identify the postal operator designated or ceasing to be designated).