Section 23O
Provision of space or facility, etc., by direction of Postal Authority
(1)
Without affecting sections 23M and 23N, the Postal Authority may give a written direction mentioned in subsection (2) if the Postal Authority considers it necessary that —
any public parcel locker should be installed in or on any specified premises, whether completed or not; or
any relevant installation should be installed in or on any specified premises or relevant land, whether completed or not.
(2)
The written direction that the Postal Authority may give is any of the following:
to require the developer or owner of the specified premises or relevant land (as the case may be) to provide, at the developer’s or owner’s expense and within the period specified in the written direction —
any space or facility in or on that specified premises or relevant land; and
access to that specified premises or relevant land,as the Postal Authority may specify in the written direction;
to require the public parcel locker network operator to install, within the period specified in the written direction, any public parcel locker or related installation in the space or facility mentioned in paragraph (a)(i) as the Postal Authority considers necessary.
(3)
A written direction under subsection (2) may include —
a requirement that the public parcel locker network operator must contribute (wholly or partly) to any costs and expenses incurred for the provision and use of any space or facility mentioned in subsection (2)(a)(i) as the Postal Authority may determine;
terms and conditions relating to the payment of costs and expenses necessary for any alteration, removal, relocation or diversion of any public parcel locker or related installation that may subsequently be required;
a requirement that the public parcel locker network operator, or the developer or owner of the specified premises or relevant land, take any specified measure in relation to the security and reliability of the public parcel locker network; or
any other requirement as the Postal Authority may specify.
(4)
To avoid doubt, the Postal Authority may give a written direction under subsection (2) even though the written direction may affect the contractual obligations of any person to whom the written direction is given, whether the obligation relates to a contract made before, on or after the specified day.
(5)
No liability shall lie against any party to a contract made before, on or after the specified day for or in relation to any breach of the contract, where the breach is solely attributable to, or occasioned by, the compliance by that party with any written direction given under subsection (2).
(6)
Nothing in subsection (5) affects the operation of the Frustrated Contracts Act 1959.
(7)
The Postal Authority may vary, suspend or revoke the whole or any part of a written direction given under subsection (2).
(8)
A person who, without reasonable excuse, fails to comply with any requirement in a written direction given under subsection (2) shall be guilty of an offence.