S.L. 254.1 Art. 43BUniversal service provider failing to provide service.

(1) If a universal service provider designated in accordance with the Act at any time ceases, for a continuous period of one week, to provide a universal service the provision of which it has been designated to provide, for any reason other than:

(a) industrial action or other force majeure; or

(b) if the universal service provider goes into liquidation or is declared bankrupt, then the Authority may consider the universal service provider as effectively being unable to abide with the said universal service obligation onerous on it.

(2) Where a universal service provider ceases to provide a universal service in the circumstances referred to in sub-regulation (1), the Government may, with the prior written approval of the Authority, in order to ensure the continuity of that service, take over that part of the operation of the postal services relating to the provision of the universal service obligation which a universal service provider has ceased to provide, without any obligation to pay compensation to the universal service provider concerned: Provided that in doing so the Authority, in consultation with Government, where necessary, shall without any undue delay endeavour to find an alternative operator to provide the said universal service in line with the Act:

Provided further that the Government or any person authorised by the Government for the purpose, shall be empowered to use the assets of the universal service provider concerned subject to the payment of such compensation for the said use as may be agreed between the parties, or in default of agreement, as may be determined by the competent Maltese courts or, where all the parties agree, by arbitration according to Maltese law, and to recoup any reasonable costs incurred in providing the said universal service from the defaulting universal service provider.

Part IV

Authorisations