# Postal Services Act 2011, Section 41: Notification condition


(1) OFCOM may impose a notification condition on—
(a) every person providing, or intending to provide, a service within the scope of the universal postal service, or
(b) every person providing, or intending to provide, a service within the scope of the universal postal service of a specified description.
(2) A notification condition is a condition requiring the person to give OFCOM—
(a) advance notice of the person's intention to provide a letters business on a specified scale (whether or not the person is currently providing a letters business or any other postal service), and
(b) where the person is already providing a letters business on a specified scale, advance notice of the person's intention to expand the business by a specified extent.
(3) A specified scale or extent may be determined by reference to any specified factor.
(4) The Secretary of State may at any time direct OFCOM to impose a notification condition.
(5) The direction may (but need not) specify some or all of the provision to be contained in the condition.
(6) Where a notification condition applies to a person at a time when the person is not providing a postal service—
(a) Schedule 7 (enforcement of regulatory conditions) is to have effect as if paragraph 7(2) and (3) were omitted and as if, for the purposes of paragraph 11, the person were providing a postal service, and
(b) Schedule 8 (information provisions) is to have effect as if the person were a person falling within paragraph 1(2) and as if, for the purposes of paragraph 8, the person were providing a postal service.
(7) In this section—
“advance notice” means written notice given at least a specified period of time before the person intends to do as mentioned in subsection (2)(a) or (b),
“a letters business” means a postal service which consists in the delivery of letters, and
“specified” means specified in the notification condition.

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Source: https://www.legislation.gov.uk/ukpga/2011/5/section/41 (the official version)
Page: https://openlegislation.uk/postal-services-act-2011/section-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

