Royal Mail has requested a direction under the relevant regulatory condition Designated Universal Service Provider ("DUSP") Condition 1.3.2(a) for the day after the Battle of the Boyne holiday in Northern Ireland to be permanently designated as an exception to the universal service in Northern Ireland.
An exception to the universal service obligation can be allowed for a day which is not an officially recognised bank holiday. It means that Royal Mail will not have to meet its universal service obligations to deliver or collect mail on that day. Under Royal Mail's regulatory condition DUSP 1.3.2: "The requirements in this DUSP Condition in respect of the delivery or collection of postal packets and the target routing times of services do not need to be met:
a) On any day which is (in the territory concerned) a public holiday; or
b) In such geographic conditions or other circumstances as OFCOM has by direction specified to be exceptional for the relevant purposes.
"Public holiday" is defined in the DUSP as including "in relation to a particular territory, any day in relation to which OFCOM has by direction stated that exceptional circumstances require it to be treated as a public holiday".
For the avoidance of doubt, an exception under DUSP Condition 1.3.2(a) does not mean that no mail will be collected or delivered during the period of the exception. It does mean that Royal Mail's performance against its Universal Service quality of service targets will not be measured or assessed during the period.
Following the expiry on 31 October 2012 of a Direction by the former postal regulator, Postcomm, covering exceptions to Royal Mail's Universal Service Obligation, Ofcom proposed to issue a Direction to allow Royal Mail an exception from performing its universal service obligations for the day following the Battle of the Boyne bank holiday in Northern Ireland, on the basis that exceptional circumstances require it to be treated as a public holiday.
Neither Postcomm, Ofcom or Royal Mail received objections to Postcomm's original consultation regarding Royal Mail's applications in respect of this excepted day. Royal Mail says there is a reduced demand for postal services on this day, which is due to the closure of some local businesses and local organisations such as the Northern Ireland Civil Service and the construction and manufacturing industries. Volumes of social mail posted on 13 July are lower in relation to the average daily postings.
Ofcom issued a consultation on 6 December 2012 to seek views from stakeholders on how they may be affected Royal Mail's request is implemented, and the appropriateness of Royal Mail's application.
The consultation closed on 11 January 2013. We received 5 responses. This statement sets out a summary of responses to the consultation and our conclusion in regard to Royal Mail's application.
After analysis of these responses we have decided to accept Royal Mail's application. This statement will extend the direction until further notice.