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by Munro Research

Postal Services Act 2011


Official Summary

Make provision for the restructuring of the Royal Mail group and about the Royal Mail Pension Plan; to make new provision about the regulation of postal services, including provision for a special administration regime; and for connected purposes.

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Overview

This bill amends the Postal Services Bill, primarily focusing on clarifying the process for share transfers and disposals within the Royal Mail and Post Office companies. It enhances transparency, accountability, and regulatory oversight, particularly concerning the provision of the universal postal service.

Description

The amendments introduce several key changes:

  • Increased Transparency in Royal Mail Disposals: Requires reports on proposed disposals of Royal Mail shares to include details on the future commercial relationship between Royal Mail and Post Office companies, and on any employee share schemes created.
  • Regulatory Oversight of Share Transfers: Amends clauses to ensure parliamentary scrutiny (affirmative resolution procedure) for government orders directing or approving share transfers in Post Office companies, especially to mutuals. A report on proposed issues or transfers must be presented to Parliament before the order is made. Further details about such transfers, including timelines, are required.
  • Strengthened Enforcement of Post Office Duties: Grants the Secretary of State stronger powers to enforce Post Office companies' duties to provide postal services, including the ability to seek injunctions and specific performance.
  • Annual Reporting on Postal Museum and Archives: Requires Royal Mail companies to annually report on their management of the British Postal Museum Collection and the Royal Mail Archive, with this report subject to parliamentary oversight.
  • Pension Scheme Information Sharing: Permits sharing of information relating to the Royal Mail Pension Management Plan (RMPP) between relevant parties for administrative purposes.
  • Effective Dates for Orders: Allows for orders under the bill to come into force on specified dates.
  • OFCOM's Role and Direction: Allows the Secretary of State to direct OFCOM regarding actions to ensure sufficient public access points for postal services, including the ability to impose regulatory conditions. Also clarifies OFCOM's consideration of financial sustainability and reasonable return for universal service providers. Requires advance notice from those providing postal services above a certain scale.
  • Penalty Limits: Ensures that penalties imposed under the amended bill do not exceed those permissible under existing legislation.
  • Written Directions: Requires that any direction from the Secretary of State under the bill must be in writing and can be varied or revoked by further directions.

Government Spending

The amendments don't directly specify changes to government spending. The primary impact is on procedural and regulatory changes, likely leading to increased administrative costs for government departments and potentially for Royal Mail and Post Office companies in terms of reporting and compliance.

Groups Affected

  • Royal Mail and Post Office Companies: Face increased reporting and compliance requirements.
  • Parliament: Will have enhanced oversight through increased reporting and the use of affirmative resolution procedures.
  • OFCOM: Will have additional responsibilities in regulating access points for postal services and in imposing notification conditions. Will also have to respond to directions from the Secretary of State.
  • Secretary of State: Will have increased responsibilities in overseeing share transfers, enforcing Post Office duties, and directing OFCOM's actions.
  • Employees of Royal Mail: May be affected by changes relating to employee share schemes.
  • Public: Could potentially benefit from improved oversight of postal services and greater transparency surrounding Royal Mail actions.
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