S.L. 254.1 Art. 43Schemes as to terms and conditions.

(1) Without prejudice to any other obligation under the

Act, any other law, any directive or any authorisation, any universal service provider may make schemes in relation to the postal services provided by it:

Provided that the Authority may by directive:

(a) require the universal service provider concerned to have in place such schemes as the Authority may consider necessary. In doing so the Authority may also establish the time frames by when such schemes must be in place, and

(b) require the universal service provider concerned to amend any existing scheme that may have been adopted in accordance with this regulation where the said scheme is iin conflict with the Act, the licence or authorisation conditions, or with any decision or directive issued by the Authority: Provided further that the Authority shall, before requiring the universal service provider to adopt or amend a scheme, consult with the universal service provider concerned and any other stakeholders whom the Authority considers to have an interest.

(2) A scheme made in accordance with this regulation is a scheme for determining any or all of the following:

(a) the charges which are to be imposed in respect of the postal services concerned,

(b) the other terms and conditions which are to be applicable to the postal services concerned, and

(c) the procedures for dealing with the complaints of persons who use the postal services concerned, including the compensation that may be awarded accordingly.

(3) A scheme or any amendments to a scheme under this regulation shall be forwarded to the Authority which shall ensure that the universal service provider concerned at its expense gives such publicity to the scheme or any amendments thereto as the Authority may consider appropriate.

(4) A scheme under this regulation may amend any previous scheme made under this regulation.

(5) Any obligation undertaken by a universal service provider under any scheme made in accordance with this regulation shall bind the universal service provider as if such obligations form part of the terms and conditions of a contract at law, and may be enforced against the universal service provider accordingly.