Communications Regulation (Postal Services) Act 2011

24.

Terms and conditions, charges — provisions of general application.

24.— (1) In this section—

“charges” means the charges published under section 22 or 23 as the case may be;

“terms and conditions” means terms and conditions published under section 22 or 23 , as the case may be.

(2) The terms and conditions shall be such as to ensure compliance with the obligations imposed on the universal postal service provider by or under the Communications Regulation Acts 2002 to 2011 in respect of the provision of a universal postal service and shall include—

( a) the terms and conditions in accordance with which a postal service user may avail of the postal services concerned, and

( b) terms and conditions relating to, and its procedures for dealing with, complaints made by postal service users relating to the universal postal service provision.

(3) For the purposes of approving terms and conditions under section 22(2) or 23(1) , the Commission shall consider whether the terms and conditions are appropriate having regard to the obligations imposed on the universal postal service provider by or under the Communications Regulation Acts 2002 to 2011 in respect of the provision of a universal postal service and the reasonable needs of users and do not have a significantly adverse effect on postal service users.

(4) Where a universal postal service provider proposes to amend any of its terms and conditions it shall give at least 30 days notice, or such shorter period of notice as may be agreed with the Commission, in writing, to the Commission of its intention to make amendments and the Commission may, subject to subsection (5)(a) or (b), as the case may be, approve those amendments, with or without amendment.

(5) The Commission may, following a public consultation process, give a direction to a universal postal service provider requiring it to modify its terms and conditions—

( a) where the Commission considers such modification is appropriate having regard to the obligations imposed on a universal postal service provider by or under the Communications Regulation Acts 2002 to 2011 in respect of the provision of a universal postal service and the reasonable needs of postal service users, or

( b) where the Commission considers that a proposed amendment notified to it under subsection (4) may have a significantly adverse effect on postal service users.

(6) Where a universal postal service provider amends or modifies its terms and conditions pursuant to subsection (4) or (5), as the case may be, it shall publish notice of the amendment or modification on its website and by such other means as the Commission may direct and the amendment or modification shall not come into effect earlier than 14 days after the date of publication of such notice or such other period as may be agreed with the Commission.

(7) The Commission may make a request in writing to a universal postal service provider to give to the Commission such additional information, and within such period, as the Commission specifies in its request, which period shall not be less than 14 days from the date of the request.

(8) Where a universal postal service provider amends the charges made by it in respect of the universal postal service provision, it shall—

( a) publish notice of any such amendment on its website and by such other means as the Commission may direct, and

( b) as soon as practicable thereafter notify the Commission in writing of the amendment,

and the charges as so amended shall not come into effect earlier than 14 days after the date of publication of the notice under paragraph (a) .

(9) A universal postal service provider shall make available to postal service users, on request, free of charge, and at such access points as it considers appropriate its terms and conditions and charges.

(10) References to technical standards in terms and conditions shall be read as references to those standards published in the Official Journal of the European Union as drawn up by the European Committee for Standardisation.

(11) Where the Commission is of the opinion that a universal postal service provider is failing, or has failed, to comply with any of the requirements of section 22 or 23 or this section, the Commission may give a direction to the universal postal service provider to ensure compliance with the requirement concerned.