The change to the legal obligation is what’s currently being proposed to save the incumbent operator from insolvency.
Which was exactly my original point. Ofcom is between a rock and a very hard place. The shareholders threaten to put the business into administration if Ofcom doesn’t change the regulatory regime.
Let me rephrase slightly the question. Instead of “How do you impose a legal obligation on an insolvent or non-existent legal entity?”
Let me ask – how do you impose a sanction on an insolvent or non-existent legal entity if it fails to meet its legal obligations? You can of course prosecute the Directors. However, I’m not a lawyer, but I would expect the lawyers acting for the Directors to argue that their responsibilities under the Insolvency Acts ( not to trade while insolvent) outweigh their responsibilities under the Designated universal service provider conditions imposed by OFCOM via the The Postal Services Act 2011.
Martin, I don’t think Royal mail is like other regulated entities. You don’t need a licence to set up as postal delivery business. Royal mail IS designated as the Universal Service Provider, and subject to regulations imposed by Ofcom. But I can’t see in any of the documentation the idea of an operator of last resort.
Making things more complicated, if the business is put into administration, the primary legal responsibility of the administrators is to the companies creditors – not it’s customers.
Glad I’m not Ofcom!!