SCHEDULE 6 Imposition, Modification or Revocation of Regulatory Conditions
Postal Services Act 2011 (2011 c 5) | Legislation

SCHEDULE 6 Imposition, Modification or Revocation of Regulatory Conditions

Section 53

General test for imposing or modifying regulatory conditions

1

OFCOM may impose or modify a regulatory condition only if satisfied that the condition or modification—

(a)     is objectively justifiable,

(b)     does not discriminate unduly against particular persons or a particular description of persons,

(c)     is proportionate to what it is intended to achieve, and

(d)     is transparent in relation to what it is intended to achieve.

Provision which may be contained in regulatory conditions

2

(1)     The power of OFCOM to impose a regulatory condition includes each of the following powers.

Directions
The power to impose a requirement to comply with directions given by OFCOM, or by another person specified in the condition, with respect to the matters to which the condition relates.

Consents, approvals and recommendations
The power to impose an obligation with respect to those matters framed by reference to, or conditional on, the consent, approval or recommendation of OFCOM or of another person specified in the condition.

Discretion
The power to confer a discretion exercisable by OFCOM or by another person specified in, or determined in accordance with, the condition.

Different provision

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