Citation and commencement

1. This Order may be cited as the Postal Services (Appeals to the Competition Commission) (Investigations and Extension of Time Limits) Order 2011 and shall come into force on 15th January 2012.

Interpretation

2. In this Order—

“the Act” means the Postal Services Act 2011;

“the 2002 Act” means the Enterprise Act 2002(2); and

“the CMA” means the Competition and Markets Authority.”

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Application of sections 109 to 117 of the 2002 Act

3. The following sections of Part 3 of the 2002 Act shall apply, as they had effect immediately before the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force and as modified by Article 4, in relation to any appeal made to CMA under section 59 of the Act—

(a)section 109 (attendance of witnesses and production of documents etc);

(b)section 110 (enforcement of powers under section 109: general);

(c)section 111 (penalties);

(d)section 112 (penalties: main procedural requirements);

(e)section 113 (payments and interest by instalments);

(f)section 114 (appeals in relation to penalties);

(g)section 115 (recovery of penalties);

(h)section 116 (statement of policy); and

(i)section 117 (false or misleading documents).

Modification of provisions of the 2002 Act

4.—(1) The modifications referred to in Article 3 are—

(2)In section 109—

(a)subsection (A1) is replaced by—

“(A1)For the purposes of this section, a permitted purpose is assisting the CMA in carrying out any functions exercisable by it in connection with an appeal made to it under section 59 of the Postal Services Act.”, and

(b)subsection (8A) is omitted.

(3) Section 110(2) is omitted.

(3A)After section 110(3), there is inserted—

“(3A)No penalty shall be imposed by virtue of subsection (1) or (3) if more than 4 weeks have passed since the determination by the CMA of the appeal concerned; but this subsection shall not apply in relation to any variation or substitution of the penalty which is permitted by virtue of this Part.”,

(4) In section 110(9) the words from “or section” to “section 65(3))” are omitted.

(5) Section 111(5)(b)(ii) is replaced by—

“(ii)if earlier, the day on which CMA determines an appeal under section 59 of the Postal Services Act 2011.”.

(6) In section 117(1)(a) and (2)—

(a)the words “, OFCOM or the Secretary of State” are omitted,

(aa)the words “their functions” are replaced by “its functions”; and

(b)the words “this Part” are replaced by “section 59 of the Postal Services Act 2011”.

Extension of time limits

5.—(1) The CMA may extend the period within which an appeal under section 59 of the Act is to be determined if it considers that a relevant person has failed (whether with or without a reasonable excuse) to comply with any requirement of a notice under section 109 of the 2002 Act as applied to the Act.

(2) In paragraph (1) “relevant person” means—

(a)the appellant in an appeal under section 59 of the Act;

(b)any person who (whether alone or as a member of a group) owns or has control of the appellant; or

(c)any officer, employee or agent of any person mentioned in paragraph (a) or (b).

(3) For the purposes of paragraph (2) a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.

(4) An extension under paragraph (1) shall come into force when published by CMA .

(5) An extension under paragraph (1) shall continue in force until—

(a)the relevant person provides the information or documents to the satisfaction of CMA or (as the case may be) appears as a witness in accordance with the requirements of CMA ; or

(b)CMA publishes a decision to cancel the extension.