Section 83: Regulatory conditions to secure funding of postal administration order, Postal Services Act 2011

The modifications that may be made under section 82 include, in particular, modifications of any price control provision contained in a regulatory condition for the purpose of raising such amounts as may be determined by the Secretary of State.

The modified condition may require the person on whom it is imposed to pay those amounts to such persons as may be so determined for the purpose of—

their applying those amounts in making good any shortfall in the property available for meeting the expenses of the postal administration, or

enabling those persons to secure that those amounts are so applied.

The modified condition may require the person on whom it is imposed to apply amounts paid to it as result of this section in making good any shortfall in the property available for meeting the expenses of the postal administration.

For the purposes of this section "price control provision" means—

provision as to the tariffs that are to be used as mentioned in section 36(4) (designated USP condition: tariffs), or

provision as to prices that may be charged for the giving of access under an access condition (within the meaning of Part 3).

For the purposes of this section—

there is a shortfall in the property available for meeting the costs of a postal administration if the property available (apart from this section) for meeting relevant debts is insufficient for meeting them, and

amounts are applied in making good that shortfall if they are paid in or towards discharging so much of a relevant debt as cannot be met out of the property otherwise available for meeting relevant debts.

In this section "relevant debt", in relation to a case in which a company is or has been subject to a postal administration order, means an obligation—

to make payments in respect of the expenses or remuneration of any person as the postal administrator of the company,

to make a payment in discharge of a debt or other liability of the company arising out of a contract entered into at a time when the order was in force by the person who at that time was the postal administrator of the company,

to repay the whole or a part of a grant made to the company under section 79,

to repay a loan made to the company under section 79 or to pay interest on such a loan,

to make a payment under section 80(5), or

to make a payment under section 81(5).

Section 83: Regulatory conditions to secure funding of postal administration order

Discussed in

About this text