Determination of Turnover for Penalties Orders
Postal Services Act 2000 (Determination of Turnover for
Penalties) Order 2001 -
S.I.2001/1135 &
Postal Services Act 2000 (Determination of Turnover for
Penalties) (Amendment) Order 2002
-
S.I.2002/125
The 2001 Order specified the way to determine the turnover of a licence holder for the purposes of section 30(2) of the Postal Services Act 2000 (which sets the maximum penalty Postcomm may impose on a licence holder for a contravention of a licence condition). Where Postcomm is satisfied that this is a contravention has occurred this Order provides that it may impose penalties of up to 10% of the licence holder's turnover (this is determined in accordance with provisions specified in the Order and is calculated by use of a multiplier and the length and time that Postcomm is satisfied that the contravention lasted).
Inadvertently the 2001 Order did not specify a multiplier for a contravention period of exactly two years. Therefore, the 2002 Order rectified this by amending article 2(2) of the 2000 Order to introduce a multiplier of two where a contravention period of exactly two years exists.