Ofcom agrees to RM's request for Boxing Day USO exception

[TrueBlueTerrier]

Ofcom agrees to Royal Mail’s request for Boxing Day USO exception

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Ofcom has agreed to Royal Mail’s request that Boxing Day (26 December) should be permanently designated as an exception to the universal service when it falls on a Saturday.

In a statement issued today (1 October), Ofcom said: “Royal Mail was previously granted an exception (by the previous regulator, Postcomm) when Boxing Day fell on Saturday in 2009. Prior to the Postal Services Act 2000, Royal Mail’s policy (at least since the 1980’s) was not to collect and deliver mail when Boxing Day fell on a Saturday.

“Ofcom issued a consultation on 30 July 2015 to seek views from stakeholders on how they may be affected if there are no deliveries and collections when 26 December falls on a Saturday. The consultation closed on 10 September 2015 and we received eleven responses.

“After analysis of these responses we have decided to agree to Royal Mail’s request for an exception in relation to deliveries and collections when 26 December falls on a Saturday. The direction will apply until further notice.”

Royal Mail submitted its request on 22 June.

[TrueBlueTerrier]

Looks like UKMail did not challenege the exception - in fact thety supported it: Page 16

Royal Mail, the Communications Workers Union (CWU), UK Mail, the BBC Licence Fee Unit and three individual respondents supported the proposal for
Boxing Day to be an exception to the universal service obligation when it falls on a Saturday. In a joint response, Citizens Advice, Citizens Advice Scotland
and the Consumer Council for Northern Ireland agreed to anexception in 2015 but not in perpetuity. Three individual respondents disagreed with the proposal.

Also the CWU mentioned 2 Jan, but Ofcom could not make a decision because Royal mail had not asked for the exception. (page 20)

Other issues
4.18 We note the CWU’s suggestion for an exception to the universal service for other official bank holidays which may fall on a Saturday e.g. New Year’s Day, 2nd
January in Scotland and the Battle of the Boyne holiday in Northern Ireland. Royal Mail’s application was for an exception for Boxing Day only. Therefore, the CWU’s
comments are outside the remit of our consultation and decision.

4.19 We would refer the CWU to Ofcom’s decision statement on an exception to the universal service for the day after the Battle of the Boyne holiday in Northern Ireland
The Direction already grants an exception to the universal service when 12 July falls on a Saturdayand applies in perpetuity

http://stakeholders.ofcom.org.uk/binari ... cember.pdf" onclick="window.open(this.href);return false;

Ofcom’s decision

Introduction

5.1 We received eleven responses to the consultation; seven were wholly in favour of the exception on Boxing Day, three were not in favour because they were concerned with the backlog of mail including items that were not delivered in time for Christmas being further delayed and one supported the exception in 2015 but not in future years.

5.2 In our assessment of responses in the section above, we have had regard to a number of factors including the historical low volume of mail in the period
immediately after Christmas, the lack of any evidence of consumer harm (including businesses using Royal Mail) on the previous occasions when no deliveries or
collections took place on four consecutive days over the Christmas holiday and Royal Mail’s efforts to deliver all items of mail posted before the last recommended posting
date before Christmas. This includes the period before and after the Postal Services Act 2000.

5.3 Following our analysis of responses and consideration of concerns raised, we have decided to agree to Royal Mail’s request and have issued a direction under DUSP
Condition 1.3.2(a) for 26 December to be permanently designated as an exception to the universal service when it falls on a Saturday (see Annex 1).

5.4 The next time this occurs is Boxing Day 2015. Our direction means that there will be no USO deliveries or collections on Saturday 26 December 2015. There will also be
no deliveries and collections on Monday 28 December as Royal Mail will observe the substitute bank holiday. Normal service will resume on Tuesday 29 December
2015.

Legal Tests

5.5 We consider that our decision to issue a direction is:

•objectively justifiable because there is less demand for postal services and significantly lower postal volumes in the UK in the period immediately after Christmas Day due to the closure of most businesses and all public sector organisations on Christmas Day, with some businesses remaining closed for the weekend and/or days immediately after Christmas;

•not unduly discriminatory because the exception would apply to the whole of the UK and therefore there will no deliveries to each delivery point and no collections from each access point in the UK on that day;

•proportionate because it does not go further than is necessary to except Royal Mail from carrying out its universal service obligation on 26 December when this
date falls on a Saturday, beginning with 26 December 2015. It is also consistent with the last time 26 December fell on a Saturday in 2009 when Postcomm
issued a Direction for that day to be a “no service day” and reflects Royal Mail’s own policy before the Postal Services Act 2000; and

• transparent because the reasons for the exception, the legal basis and Ofcom’s assessment of the exception were set out in our consultation document
published on 30 July 2015. The consultation included a proposed direction excluding Royal Mail from its requirements to make deliveries and collections on Saturday 26
December

5.6 Therefore, we consider that our decision to grant approval to Royal Mail’s application for an exception to its universal service obligation on Saturday 26 December 2015 and when 26 December falls on a Saturday in future years, e.g.in 2020, satisfies the statutory criteria at paragraph 4(2) of Schedule 6 of the Act for granting an approval giving effect to a regulatory condition.

[Pinky 1]

Isn't it amazing that you have to jump through all these hoops, just for a bit of common sense.

[ripio]

Why have RM not requested the 2nd of January to be treated in the same way in Scotland? Seems like some form of discrimination not to apply the same rules to a Scottish bank/public holiday as are applied to an overall UK holiday.
The 4th of January is, I believe, the generally observed public holiday in Scotland this new year so why is the 2nd not being declared a non service day? Feels like Scottish staff are being done out of a day off somewhere.