Section 61 Duties in relation to social and environmental mattersI1

United Kingdom

(1)

The Secretary of State may from time to time give guidance about the making by OFCOM, in the carrying out of their functions in relation to postal services, of a contribution towards the attainment of any social or environmental policies set out or referred to in the guidance.

(2)

OFCOM must, when carrying out their functions in relation to postal services, have regard to any guidance given under subsection (1).

(3)

Before giving any such guidance, the Secretary of State must consult—

(a)

OFCOM,

F1(b)

Citizens Advice,

(ba)

F2Consumer Scotland,

(bb)

if the guidance relates to Northern Ireland, the General Consumer Council for Northern Ireland, and

(c)

such other persons as the Secretary of State considers appropriate.

F3(3A)

The Secretary of State is not required to consult Citizens Advice or F4Consumer Scotland if the draft guidance relates only to Northern Ireland.

(4)

A draft of any guidance proposed to be given under subsection (1) must be laid before Parliament.

(5)

Guidance may not be given under subsection (1) until after the end of the period of 40 days beginning with the day on which the draft is laid before Parliament.

(6)

In calculating that 40 day period, no account is to be taken of any time during which—

(a)

Parliament is dissolved or prorogued, or

(b)

both Houses of Parliament are adjourned for more than four days.

(7)

If, before the end of that 40 day period, either House of Parliament resolves that the guidance should not be given, the Secretary of State must not give it.

(8)

The Secretary of State must publish any guidance given under subsection (1) in such way as the Secretary of State considers appropriate.

Annotations

Textual amendments

F1: S. 61(3)(b)-(bb) substituted for s. 61(3)(b) (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 13(5)(a) (with Sch. 1 para. 28, 2 paras. 13-15)
F2: Words in s. 61(3)(ba) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 8(2)(a) (with art. 5)
F3: S. 61(3A) inserted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 13(5)(b) (with Sch. 1 para. 28, 2 paras. 13-15)
F4: Words in s. 61(3A) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 8(2)(b) (with art. 5)

Commencement

I1: S. 61 in force at 1.10.2011 by S.I. 2011/2329, art. 3