Commentary on Sections Financial support for universal postal service Section 46: Contributions for meeting burden
220.This section applies where the Secretary of State has directed OFCOM to require contributions to be made for meeting some or all of the burden concerned.
221.OFCOM may then determine that contributions for meeting that financial burden are to be made by postal operators providing services within the scope of the universal service, and/or through the charges paid by users for using a service, as provided by the Directive.
222.Subsection (3) provides that OFCOM may require contributions only from a description of postal operator or user.
223.Subsection (4) provides that the assessment, collection and distribution of contributions can only be made if it is in accordance with a mechanism in a scheme contained in regulations made by OFCOM.
224.Subsection (5) provides that in making any regulations under this section, OFCOM must seek to ensure that the assessment, collection and distribution of contributions is objective, proportionate and transparent, does not involve (or tend to give rise to) any undue discrimination, and avoids or minimises distortion of competition.
225.Subsections (6) and (7) provide that a scheme can be administrated by OFCOM or an independent person specified by OFCOM in their regulations. An independent person means independent of both universal service providers and postal operators providing postal services within the scope of the universal postal service.
226.Subsection (8) provides that Regulations setting out such a scheme are subject to consent by the Secretary of State, and to the affirmative resolution procedure.