Commentary on Sections Postal operators generally Section 51: Consumer protection conditions
239.Section 28 allows OFCOM to impose regulatory conditions on those providing postal services, which may include “a consumer protection condition”. This and section 52 describe what consumer protection condition may be imposed.
240.Subsection (1) provides that the condition may be applied to every postal operator or to those of a particular description specified in the condition.
241.Subsection (2) describes the consumer protection condition that OFCOM may impose on any postal operator. It may include requiring the postal operator to assume specified liability for loss of, or damage to, postal packets, to establish and maintain procedures, standards and policies for consumer protection matters, and to make payments relating to qualifying consumer expenses of the National Consumer Council or the Office of Fair Trading. Subsection (3) provides that “consumer protection matters” include the handling of complaints, resolution of disputes, provision of remedies and redress, and information to users about service standards and users’ rights.
242.Subsection (4) provides that the reference to “qualifying consumer expenses” of the National Consumer Council or the Office of Fair Trading is to such of their expenses as the Secretary of State considers reasonable, having regard to their functions exercisable in relation to users of postal services.
243.Subsection (5) provides that in imposing a consumer protection condition, OFCOM must, as far as they consider appropriate, secure that the procedures for handling complaints and resolving disputes are easy to use, transparent, effective and facilitate the settling of disputes fairly and promptly; that they are free of charge to users; and that where postal operators contravene the condition the operator follows the procedure as may be required by the condition.
244.Subsection (6) provides that the Secretary of State may direct OFCOM to include provision within consumer protection conditions relating to the payment of expenses of the National Consumer Council or the Office of Fair Trading.
245.This section implements Article 19 of the Postal Services Directive (Directive 2008/6/EC) which provides that Member States must ensure that transparent, simple and inexpensive procedures are made available for dealing with postal users’ complaints.