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 principal order (S.I.2001/1135) specifies 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 that the Postal Services Commission
("the Commission") may impose on a licence holder for contravention of
a condition of its licence). Where the Commission is satisfied that a licence
holder has contravened or is contravening any condition of its licence, the
Commission may impose on the licence holder a penalty of up to 10% of its
turnover determined in accordance with the provisions specified in the order.
The principal order does so by reference to the licence holder's annual turnover
and a multiplier based on the length of time that the Commission is satisfied
that the contravention has lasted. Where this is more than one year, but less
than two years, the multiplier is two. For a contravention lasting more than two
years, the multiplier is three. No multiplier applies (i.e. the simple turnover
is used) where the Commission is satisfied that the contravention has lasted for
one year or less. Inadvertently the Order also specified no multiplier for a
contravention of exactly two years.
The
amendment order, which amends article 2(2) of the original order, has the effect
of introducing a multiplier of two where the Commission is satisfied that the
contravention has lasted for exactly two years.
Useful website links
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]