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Postal Services Bill [HL]

Our amendment in this group again looks at the scope of Ofcom's powers. Clause 44 gives the regulator the power to impose a condition requiring the postal operator to give access to another operator not just to services within the scope, which is understandable, but also to an operator's infrastructure. As I read it, the clause as drafted would allow Ofcom to insist that an operator who provides absolutely no services within the scope must open up its infrastructure to another operator. Surely that cannot be the intention. Does not the Minister agree that any access condition should be imposed only on services within the scope? If it is necessary to enforce access to the infrastructure, it should similarly be only on infrastructure relevant to services within the scope. I beg to move.