37Publication of information about performanceE+W+S+N.I.
(1)A designated USP condition must include provision requiring the universal service provider concerned—
(a)to publish information about the extent to which it is providing specified postal services in accordance with specified standards, and
(b)to publish annually an independently audited performance report.
(2)The reference here to an independently audited performance report is to a report that—
(a)contains information about the provider's performance in complying with specified requirements under the designated USP condition, and
(b)is audited by an independent person for accuracy and, if there are two or more universal service providers, for its usefulness in comparing information published by other universal service providers.
(3)An “independent person” means a person who is independent of both OFCOM and universal service providers.
(4)OFCOM must notify the European Commission of anything contained in a designated USP condition as a result of subsection (1).
(5)A designated USP condition may require the universal service provider concerned to meet the costs of the audit required as a result of subsection (1)(b).
(6)A designated USP condition may include other provision requiring the universal service provider concerned to publish information about its performance in complying with specified requirements under the designated USP condition.
(7)The provision made as a result of this section—
(a)must include provision—
(i)requiring information previously published to be updated and published again, and
(ii)requiring the published information to satisfy requirements that OFCOM consider appropriate to secure its adequacy, and
(b)may include requirements as to the times at which, and the manner in which, the information is to be published.
(8)In this section “specified” means specified in the designated USP condition.