Communications Regulation (Postal Services) Act 2011

Quality of service standards.

32.— (1) The Commission, following a public consultation process, shall draw up, and may from time to time revise, quality of service standards in relation to universal postal service provision by universal postal service providers (in this Part referred to as “quality of service standards”), other than intra-Community cross-border services.

(2) The quality of service standards shall be compatible with those laid down for intra-Community cross-border services in Annex II to the Directive, the text of which Annex is, for ease of reference, set out in Schedule 3 .

(3) The quality of service standards shall include standards relating to—

(a) time permitted for delivery of postal packets, and

(b) the regularity and reliability of the postal services concerned.

(4) The Commission shall—

(a) publish, and

(b) notify the European Commission of,

the quality of service standards drawn up under subsection (1).

(5) The Commission shall at least once in each year—

(a) monitor compliance with the quality of service standards, and

(b) publish a report on the results of the monitoring exercise conducted under paragraph (a).

(6) The Commission may give a direction to a universal postal service provider to take corrective action where the Commission is of the opinion that the universal postal service provider—

(a) has not met the quality of service standards, or

(b) in the case of intra-Community cross-border services, has not met the objectives laid down in Annex II to the Directive.

(7) For the purpose of ensuring that the reasonable needs of postal service users are met, the Commission may give a direction to a universal postal service provider requiring it to publish information, in such form and manner and at such intervals as the Commission may direct, about the extent to which it is providing a universal postal service in accordance with quality of service standards.

(8) References to technical standards in any information published pursuant to any direction given under subsection (7) 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.

(9) The Commission may determine exemptions from the quality of service standards for intra-Community cross-border services referred to in subsection (2) where exceptional situations relating to infrastructure or geography so require and shall notify the European Commission immediately of any such exemption so determined.