POL00027887 - Letter from Richard Callard to Paula Vennells re: Entrustment of Post Office Limited with the Delivery of Certain Public Services

Evidence on official site

Paula Vennells
Post Office Limited
20 Finsbury Street
London

EC2Y 9AQ

I___2018

16 Ae

Dear Paula,

ENTRUSTMENT OF POST OFFICE LIMITED WITH THE DELIVERY OF

CERTAIN PUBLIC SERVICES
Commencement

This letter has effect from the later of: (i) the date on which the European Commission
confirms that the requirements of this letter are compatible with the requirements on
State Aid of the Treaty on the Functioning of the European Union; and (ii) 1 April 2018
(the "Effective Date").

Existing Entrustment Letter

Notwithstanding the signing of this letter, in respect of the period prior to the Effective
Date, the provisions of the letter from the Government to Post Office Limited entitled
"Entrustment of Post Office Limited with the delivery of certain public services" and
dated 23 January 2015 (the "Existing Entrustment Letter") shall continue in full
force and effect and the provisions of this letter shall be without prejudice to any rights,
remedies, obligations or liabilities of any party accrued under the Existing Entrustment
Letter.

The Existing Entrustment Letter shall be terminated on the Effective Date.

Entrustment

This letter contains an overarching ministerial instruction entrusting Post Office
Limited with the provision and delivery of certain services of general economic interest.
This instruction is legally binding on Post Office Limited and Post Office Limited has
signed this letter in agreement and acknowledgement of this.

(a) We confirm that Post Office Limited is under a public service obligation (as set
out here and also contractually in the Post Office Limited Funding Agreement
dated April 2018, (the "Funding Agreement") to maintain, from the
Effective Date until the end of its financial year ending on or around 31 March
2021, a network of post offices beyond its optimal commercial size (the
"Network SGEI"). That network must meet the following minimum access
requirements:

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« Nationally, 99% of the UK population to be within 3 miles and 90% of
the population to be within 1 mile of their nearest post office outlet.

© 99% of the total population in deprived urban areas across the UK to be
within I mile of their nearest post office outlet.

* 95% of the total urban population across the UK to be within I mile of
their nearest post office outlet.

¢ 95% of the total rural population across the UK to be within 3 miles of
their nearest post office outlet.

In addition, the following criterion will apply at the level of each and every
individual postcode district, establishing a minimum level of coverage at a very
local level.

« 95% of the population of the postcode district to be within 6 miles of
their nearest post office outlet.

Post Office Limited is required to provide this network of post office branches to make
available the services of general economic interest detailed in Annex A ("Product
SGEI") on the basis set out in the Funding Agreement. This Network SGEI obligation
therefore extends the provision of the Product SGEI over a network which may be
beyond that required under individual Product SGEI contracts entered into on a
commercial basis between Post Office Limited and relevant Government departments
or bodies (whether public or private). The delivery of the Product SGEI by Post Office
Limited across its network will be governed in accordance with contracts or other
agreements under which the terms of the provision of the individual product SGEI are
specified.

The entrustment of the delivery of the Network SGEI set out in this letter to Post Office
Limited does not replace or change in any way any contracts or other agreements under
which the terms of the provision of the individual Product SGEI are specified. Post
Office Limited is expected to use reasonable endeavours to enter into contracts with
Government departments or bodies (whether public or private) contracting with Post
Office Limited in respect of the provision of one or more Product SGEIs. A list of the
current individual contracts and agreements held by Post Office Limited to deliver the
Product SGEI is provided in Annex B.

Method of Calculating Compensation

As soon as reasonably practicable following publication of its audited accounts for the
Financial Year ending on or around 31 March 2021, Post Office Limited will be
required to provide, in accordance with the Funding Agreement, a statement (the
“Cumulative SGEI Statement"). The Cumulative SGEI Statement must be
accompanied by a supporting statement from an independent financial adviser, to
confirm that the aggregate amount of the SGEI compensation payments made by the
Government to Post Office Limited under the Funding Agreement (the "Cumulative
SGEI Payment") did not exceed the difference between the actual net costs incurred
by Post Office Limited and the net profits that would have been incurred in connection

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with the provision of a network that Post Office Limited would maintain on a purely
commercial basis (as specified by the relevant European Commission decision(s)),
during the financial years covered by the Funding Agreement (the "Cumulative SGEL
Cost").

This is to be calculated using the net avoided cost methodology, in accordance with the
principles in paragraphs 21-32 of the 2012 Community Framework for State aid in the
form of public service compensation (“Framework”) and in precedent Commission
decisions, which calculates the SGEI net cost as the difference between:

e the expected net cost for POL when providing the SGEIs; and

¢ the expected net cost / profit for POL when operating without any SGET
obligations.

For the purposes of this net avoided cost methodology the costs shall include, without
limitation, all variable and fixed costs associated with delivery of the SGEIs including
contributions to pension funds, interest costs, central costs, depreciation and
amortisation costs of any employee incentivisation arrangements and the costs of
transforming the network, in each case whether such costs are recurring or exceptional.

Recovery of Overpayment

Notwithstanding clause 5.3 of the Funding Agreement, in the event that the Cumulative
SGEI Payment exceeds the Cumulative SGEI Cost, Post Office Limited will be required
to repay to the Government, within 10 Business Days of a request from the Government,
an amount equal to such excess.

It is possible that Post Office Limited may during the period of this entrustment cease
to provide an individual Product SGEI, the provision of which over the post office
network beyond its optimal commercial size is compensated by the Government. In
those circumstances, the Government may in its absolute discretion, provided that the
provision of the Network SGEI will be maintained, withhold such reasonable
proportion of that compensation (if any) which corresponds to the net direct costs of
providing that Product SGEL.

Post Office Limited acknowledges that the instructions set out in this letter are legally
binding.

Signed by ;
for and on beh !

Dated 2018

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Annex A

SCHEDULE OF SERVICES OF GENERAL ECONOMIC INTEREST
PROVIDED BY POST OFFICE LTD AT POST OFFICE BRANCHES

Category of
Service

Service Provided

Service Provided on
Behalf of

Processing social
benefit and tax
credit payments to
the public.

Cash payment of state benefits
including state pension, child
benefits and tax credits

Issuing of vouchers to eligible
asylum seekers

The Department for Work
and Pensions

The Social Security
Agency - Northern Ireland

Her Majesty’s Revenue &
Customs

The Home Office

Processing of
national identity
and licensing
scheme
applications

Providing passport
application forms for
customers to complete and
return

Checking, authentication and
processing of passport
applications and supporting
documentation

Processing of identity
verification applications

Capturing biometric data for
Biometric Residence Permits

Providing vehicle licence
application forms for customers
to complete and return

Receiving payment for vehicle
licences and photocard licences

Services for the sale of Rod
Fishing Licences

Her Majesty’s Passport
Office

The Cabinet Office

UK Visas and
Immigration

Driver and Vehicle
Licensing Agency

The Environment Agency

Universal payment
facilities for public
utility services.

Provision of facilities for
payment of electricity, gas,
telecommunications and water
bills. Payment options include
pre-payment and other
budgeting schemes (e.g.
including savings stamps)

Financial Institutions

Individual Utility Service
Providers

Billing Service Providers

Her Majesty’s Revenue
and Customs

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Category of Service Provided Service Provided on
Service Behalf of
Provision of facilities for Local Authorities
payment of tax bills and social . an
housing rents Housing Associations
Access to postal Provision of access to postal Royal Mail Group
services services which the universal

service provider (Royal Mail
Group Limited) is required to
provide under regulatory
conditions and directions
issued by Ofcom in accordance
with section 36 of the Postal
Services Act 2011 and the
Designated Universal Service
Provider Conditions issued by
Ofcom on 27 March 2012

Universal access to
basic cash and
banking facilities,
especially for rural
customers and those
on social benefits,

Provision of basic community
banking facilities (e.g.
including cashing of cheques,
cash deposit and cash
withdrawals and deposits) and
cash transmission facilities
(e.g, including postal orders),
in particular to socially
excluded customers and
businesses local to post office
branches

Financial Institutions
Her Majesty’s Treasury

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Annex B

POST OFFICE CONTRACTS TO DELIVER SGEI
AS AT THE DATE OF THIS LETTER

Category 1: Processing Social Benefit and Tax Credit Payments to the Public

Description of Services

Contracting Entity Opposite Post
Office Limited

POCA Card Account

The Department for Work and Pensions

Asylum Seekers Benefits Payments

Sodexho Pass

Payout (Emergency Payments) Contracts

Blackpool Council

Payout (Emergency Payments) Contracts

Cornwall Council

Payout (Emergency Payments) Contracts_I Derbyshire Council
Payout (Emergency Payments) Contracts _I Greenwich Council
Payout (Emergency Payments) Contracts_I Merton Council
Payout (Emergency Payments) Contracts I Reading Council
Payout (Emergency Payments) Contracts_I Torbay Council
Payout Contracts Autism Initiatives

I Payout Contracts Durham and Darlington NHS
Payout Contracts Financial Services Compensation

Scheme

Payout Contracts Buckinghamshire Council
Payout Contracts Cumbria Council
Payout Contracts Hampshire Council
Payout Contracts Hull Council
Payout Contracts Lambeth Council
Payout Contracts Lancaster Council
Payout Contracts Manchester City Council
Payout Contracts Newham Council
Payout Contracts Redbridge Council
Payout Contracts St Helen’s Council
Payout Contracts Wirral Council
Payout Contract Capita
Payout Contract Eon Energy Limited
Payout Contract RWE Npower ple

Payout Contract

Scottish Power Energy Retail Limited

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Category 2: Processing of National Identity and Licensing Scheme Applications

Description of Services

Contracting Entity Opposite Post
Office Limited

Licences

Passport Applications ‘Check & Send” Her Majesty’s Passport Office
Driving Licence Applications Driver and Vehicle Licensing Agency
Services for the sale of Rod Fishing The Environment Agency

Capture of photograph in support of
applications

Secutity Industry Authority (The Home
Office)

Biometric data capture for Biometric
Residence Permit applications

UK Visas and Immigration

Identity Assurance Services (for access to
online public services)

Government Digital Services (The
Cabinet Office)

Document checking in support of a
Vetting and Barring Scheme application.
(formerly CRB)

Care Quality Commission

Agreement for the Provision of Identity

Verification Services: Generic Services

Verification Services: Public Carriage GB Group
Office Services
Agreement for the Provision of Identity GB Group

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Category 3: Universal Payment Facilities for Public Utility Services

Description of Services

Contracting Entity Opposite Post
Office Limited

Bill Payments Santander (A&L Commercial Bank ple
as was)

Bill Payments The Co-Operative Bank ple

Bill Payments Allpay.net Ltd

Bill Payments Airtricity Holdings Limited (Republic of
Treland company)

Bill Payments EON Energy Limited

Bill Payments EDF Energy

Bill Payments RWE Npower ple

Bill Payments Scottish Power Energy Retail Limited

Bill Payments Scottish & § Southern (SSE)

Bill Payments British Gas Trading Limited

Bill Payments Phoenix Gas

Bill Payments BT ple, novated to BT Payment Services
Limited

Bill Payments South West Water Limited

Bill Payments Northern Ireland Electricity plo, novated
to NIE Energy Ltd

Bill Payments United Utilities

Bill Payments Yorkshire Water

Bill Payment Bristol and Wessex Billing Services Ltd

Bill Payment Siemens Energy Services (a
Management Division of Siemens PLC)

Bill Payment Capita

Travel Tickets Neath Port Talbot Council

Travel Tickets Scotland Improvement Service

Travel Tickets Strathclyde Council

Travel Tickets Transport for London

Council Tax and Other Related Council I The Lord Mayor & Citizens of the City

Services of Westminster

Council Tax and Other Related Council
Services

London Borough of Hammersmith and
Fulham

Face to face payment services

The Lord Mayor & Citizens of the City
of Westminster

Agreement for Provision of Online and
E-Bulk Services

Atlantic Data Limited

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Category 4: Access to Postal Services

Description of Services

Contracting Entity opposite Post
Office Limited

Master Distribution Agreement - Mail
support services from Post Office
Limited to Royal Mail Group Limited to.
assist Royal Mail Group Limited in meeting
its designated Universal Service Provider
conditions

Royal Mail Group Limited

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Category 5: Universal Access to Basic Cash and Banking Facilities for Business
and Retail Bank customers, and Government Savings Instruments, Especially
for Rural Customers and Those on Social Benefits

Description of Services

Contracting Entity opposite Post
Office Limited

ATM Services Bank of Ireland
Provision of Basic Banking Facilities Lloyds Bank PLC ~ including Bank of
under the Banking Service Framework Scotland and Halifax

Provision of Basic Banking Facilities
under the Banking Service Framework.

HSBC Bank ple — including First Direct

Provision of Basic Banking Facilities
under the Banking Service Framework

Santander UK PLC- including Cahoot,
Abbey National and Alliance+Leicester

Provision of Basic Banking Facilities
under the Banking Service Framework

Barclays Bank PLC

Provision of Basic Banking Facilities
under the Banking Service Framework

Royal Bank of Scotland PLC ~
Including NatWest, and Ulster Bank

Provision of Basic Banking Facilities
under the Banking Service Framework

Nationwide Building Society

Provision of Basic Banking Facilities
under the Banking Service Framework

TSB Bank PLC

Provision of Basic Banking Facilities
under the Banking Service Framework

Virgin Money PLC

Provision of Basic Banking Facilities
under the Banking Service Framework

Northern Bank Limited — including
Danske Bank

Provision of Basic Banking Facilities
under the Banking Service Framework

Bank of Ireland (UK) PLC

Provision of Basic Banking Facilities
under the Banking Service Framework

AIB Group (UK) PLC — including First
Trust/

Provision of Basic Banking Facilities
under the Banking Service Framework

Metrobank PLC (currently Business
Customers only)

Provision of Basic Banking Facilities
under the Banking Service Framework

Cooperative Bank PLC — including
Smile

Provision of Basic Banking Facilities
under the Banking Service Framework

Svenska Handelsbanken AB (publ)

Provision of Basic Banking Facilities
under the Banking Service Framework

CAF Bank Limited

Provision of Basic Banking Facilities
under the Banking Service Framework

Clydesdale & Yorkshire Bank

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