POL00362220 - Letter to Paula Vennells from Tom Taylor re: entrustment of POL with provision of certain public services

Evidence on official site

Paula Vennells
Post Office Limited
20 Finsbury Street
London

EC2Y 9AQ

30" March 2017

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 January2015 (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 30 March 2017, and amended on or around the date of this
letter, (the "Funding Agreement")) to maintain, from the Effective Date until
the end of its financial year ending on or around 31 March 2020, a network of
post offices beyond its optimal commercial size (the "Network SGEI"). That
network must meet the following minimum access requirements:

POL00362220
POL00362220

POL00362220
POL00362220

« 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 1
mile of their nearest post office outlet.

¢ 95% of the total urban population across the UK to be within 1 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.

I
I

© 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 I
product SGEI are specified. I

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 I
specified. Post Office Limited is expected to use reasonable endeavours to enter into I
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 2020, Post Office Limited will be I
required to provide, in accordance with the Funding Agreement, a statement (the . I
"Cumulative SGEI Statement"). The Cumulative SGEI Statement must be
accompanied by a supporting statement from an independent financial adviser, to
confitm 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 reasonable net profits that would have been incurred in
connection with the provision of a network that Post Office Limited would maintain

POL00362220
POL00362220

on a purely commercial basis (as specified by the rélevant European Commission
decision(s)), during the financial years covered by the Funding Agreement (the
"Cumulative SGEI Cost"). The calculation of those net costs shall include:

1. All variable costs including those incurred in providing the Network SGEI and
the Product SGEIs; plus

2. All fixed costs including those incurred in providing the Network SGEI and
the Product SGEIs; less

3. All revenues received by Post Office Limited from providing the Product
SGEIs as well as non-SGEI services.

For the purposes of the calculation above, the costs shall include, without limitation,
contributions to pension funds, interest-costs, central costs, capital expenditure, 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 I

Notwithstanding clause 5.2 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 SGEI.

TOM TAYLOR

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

Signed by

for and on behaif of Post Office Limited ~

Dated 30" March 2017
Annex A

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

“} Service Provided

Processing social Cash payment of state benefits
benefit and tax credit I including staté pension, child
payments to the benefits and tax credits
public,

Issuing of vouchers to eligible
asylum seekers

The Department for Work
and Pensions

The Social Security
Agency - Northern Ireland

Her Majesty’s Revenue &
Customs

Financial Institutions
The Home Office

-I scheme applications

Processing of Providing passport application
national identity forms for customers to
and licensing complete and return

Checking and authentication of
passport applications and
supporting documentation

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

UK Visas and Immigration

Driver and Vehicle
Licensing Agency

The Environment Agency

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

Provision of facilities for
payment of tax bills and social
housing rents

“I Local Authorities

Financial Institutions

Individual Utility Service
Providers

Billing Service Providers

Her Majesty’s Revenue and
Customs

Housing Associations

POL00362220

POL00362220

I
I
I Servite-Provided «.::

I’ Service Provided on:
‘) Bel ts

4, Access to postal
-I services

Provision of access to postal
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

Royal Mail Group

5. 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, Post Office card
account 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,

The Department for Work
and Pensions

The Social Security
Agency - Northern Ireland,

Her Majesty’s Revenue &
Customs

POL00362220

POL00362220

I
I
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_I Blackpool Council

Payout (Emergency Payments) Contracts_I Cornwall Council

Payout (Emergency Payments) Contracts _I Derbyshire Council

Payout (Emergency Payments) Contracts

Greenwich Council

Payout (Emergency Payments) Contracts

Merton Council

Payout (Emergency Payments) Contracts

Reading Council

Payout (Emergency Payments) Contracts _I Torbay Council

Payout Contracts Autism Initiatives

Payout Contracts Durham and Darlington NHS:

Payout Contracts Financial Services Compensation.
Scheme

Payout Contracts Buckinghamshire Council

Payout Cumbria Council

I Payout Contracts

Hampshire Council

Payout Contracts

Hull Council

Payout Contracts

Lambeth Council

Payout Contracts Lancaster Council

I 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 ___I Bon Energy Limited
Payout Contract RWE Npower ple

Payout Contract

Scottish Power Energy Retail Limited

POL00362220

POL00362220

Category 2: Processing of National Identity and Licensing Scheme Applications

Description of Services

Contracting Entity Opposite Post
Office Limited

Passport Applications ‘Check & Send’

Her Majesty’s Passport Office __I

Driving Licence Applications

Driver and Vehicle Licensing Agency

Services for the sale of Rod Fishing
Licences

The Environment Agency

Capture of photograph in support of
applications

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

Verification Services: Generic Services

GB Group

POL00362220
POL00362220

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
___I as was)

Bill Payments The Co-Operative Bank ple

Bill Payments Allpay.net Ltd

Bill Payments Airtricity Holdings Limited (Republic of

ee __ Ireland company)

Bill Payments ____I EON Energy Limited

Bill Payments EDF Energy

Bill Payments RWE Npower ple

Bill Payments Scottish Power Energy Retail Limited

Bill Payments Scottish & S Southern (SSE)

Bill Payments British Gas Trading Limited

Bill Payments PhoenixGas-

Bill Payments BT ple, novated to BT Payment Services
Limited

Bill Payments South West Water Limited

Bill Payments Northern Ireland Electricity ple, 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

POL00362220

POL00362220

POL00362220
POL00362220

Category 4: Access to Postal Services

Description of Services Contracting Entity opposite Post
Office Limited
Master Distribution Agreement - Mail Royal Mail Group Limited

support services from Post Office I
Limited to Royal Mail Group Limited to I
assist Royal Mail Group Limited in meeting
its designated Universal Service Provider
conditions

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 __
Provision of Basic Banking Facilities
under the Banking Service Framework

Bank of Ireland

Lloyds Bank PLC — including Bank of
Scotland and Halifax

Provision of Basic Banking Facilities
under the Banking Service Framework

HSBC Bank ple — including First Direct I

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

TSB Bank PLC

Provision of Basic Banking Facilities
under the Banking Service Framework -
Provision of Basic Banking Facilities Virgin Money PLC

under the Banking Service Framework

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 Framewe

Cooperative Bank PLC — including
Smile

Provision of Basic Banking Facili
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

POL00362220

POL00362220