OpenLegislation

The Regulation of Premium Rate Services Order 2024

S.I. 2024/1046 · Made 21 October 2024

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Electronic Communications

Made 21st October 2024

Laid before Parliament 24th October 2024

Coming into force 1st February 2025

The Office of Communications (“OFCOM”) make this Order in exercise of the powers conferred by sections 122(1) to (4) and 403(7) of the Communications Act 2003f1 (“the Act”).

The consent of the Secretary of State has been obtained in accordance with section 122(6) of the Act.

OFCOM consider that there is no code in force to which they think it would be appropriate to continue to give their approval under section 121 of the Act.

OFCOM gave notice of their proposal to make this Order in accordance with section 403(4)(a) of the Act, published notice of their proposal in accordance with section 403(4)(b) of the Act and considered representations made to them before the time specified in that notice in accordance with section 403(4)(c) of the Act.

Annotations to the whole text

Footnotes

f1

2003 c.21. Section 403 was amended by S.I. 2020/1419. See section 120(7) of the Act for the definition of “premium rate service”.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. 2General interpretation
  4. 3Meaning of “controlled PRS”
  5. 4Meaning of “threshold service”
  6. 5Meaning of “chatline service”
  7. 6Meaning of “sexual content service”
  8. 7Meaning of “information, connection or signposting service” (“ICSS”)
  9. 8Meaning of “subscription service”
  10. 9Meaning of “PRS provider” and “regulated activity” etc.
  11. Part 2: Registration
  12. 10Requirements before carrying out a regulated activity
  13. 11Exemption for certain merchants
  14. 12OFCOM’s duty to establish and maintain a register
  15. 13Registration for transitional cases
  16. Part 3: OFCOM’s expenditure
  17. 14Requirement to pay OFCOM’s administrative charges
  18. Part 4: Due-diligence measures and risk assessments in dealing with others
  19. 15Prohibition on dealing with unregistered PRS providers
  20. 16Prohibition on dealing with persons on whom a relevant direction, decision or sanction has been imposed
  21. 17Risk assessment requirements
  22. 18Suspension of arrangements by network operators
  23. 19Suspension of arrangements by intermediaries
  24. 20Arrangements entered into before 1st February 2025
  25. Part 5: Security testing
  26. 21Requirements relating to relevant security testing
  27. Part 6: Consumer Protection
  28. Chapter 1: Information provided to consumers in carrying out a regulated activity
  29. 22Misleading information
  30. Chapter 2: Promotion and marketing
  31. 23Promoting and marketing services to children
  32. 24Factual claims made in promotion and marketing about a controlled PRS
  33. 25Usage requirements for some types of controlled PRS to be stated in promotion and marketing
  34. Chapter 3: Pre-contract information and express consent for imposing certain charges
  35. 26Information to be provided before entering into a controlled PRS contract
  36. 27Express consent for charges imposed under a subscription contract entered into by means of an internet access service
  37. 28Express consent for charges imposed under a subscription contract entered into by means of an SMS message
  38. 29Express consent for charges imposed under a contract for an ICSS
  39. Chapter 4: Provision of controlled PRS
  40. 30Requirement to provide a controlled PRS within a reasonable time
  41. 31Charging information for a controlled PRS purchased through the use of a mobile phone service
  42. 32Notifications of charges for virtual chat services
  43. 33Right to terminate subscription contracts
  44. 34Reminder notices of termination of subscription contracts
  45. 35Records of consent
  46. 36Consumer enquiries and complaints: policies and procedures
  47. 37Consumer enquiries and complaints: requirements
  48. 38Additional requirements relating to refunds
  49. Chapter 5: Vulnerable consumers and harmful material
  50. 39Vulnerable consumers
  51. 40Harmful material
  52. Chapter 6: Competition or voting services
  53. 41Meaning of “competition or voting service”
  54. 42Valid ticket of entry for competition or voting services
  55. 43Consideration of a valid ticket of entry for competition or voting services
  56. 44Claiming prizes free of charge
  57. 45Attempted use of a facility comprised in a competition or voting service after a time limit has expired
  58. Chapter 7: Other requirements for certain controlled PRS
  59. 46Pricing restrictions for some types of controlled PRS
  60. 47Prohibition on provision of types of controlled PRS to persons under the age of 18
  61. 48Age verification for some types of controlled PRS
  62. 49Requirements for controlled PRS provided to children
  63. 50Charges for the provision of ICSS
  64. 51Relevant qualifications for professional advice services
  65. 52Consumer information relating to remote gambling services
  66. Part 7: Additional requirements for network operators
  67. 53Requirement for network operators to retain relevant payments
  68. 54Requirement for network operators to keep premium rate number records
  69. Part 8: Information requirements
  70. 55Requirements to provide information to OFCOM
  71. Part 9: Records
  72. 56Record-keeping
  73. Part 10: Enforcement
  74. Chapter 1: Enforcement of requirements under Parts 2 to 9 of this Order
  75. 57Power of OFCOM to publish notice of investigation
  76. 58Preservation of evidence for an investigation
  77. 59Provisional enforcement notice
  78. 60Penalties
  79. 61Final enforcement notice
  80. 62Interim measures
  81. 63Confirmation of directions under article 62
  82. 64Directions for serious contraventions
  83. 65Interpretation of this Part
  84. Chapter 2: Transitional provisions
  85. 66Transitional arrangements for the purposes of a relevant approved code
  86. Signature
  87. Schedule 1: Information to be given to OFCOM before carrying out a regulated activity
  88. 1Interpretation
  89. 2General details of the PRS provider
  90. 3General details of the PRS provider
  91. 4General details of the PRS provider
  92. 5General details of the PRS provider
  93. 6General details of the PRS provider
  94. 7Generally authorised person
  95. 8Directors or members of senior management
  96. 9Specific information required from merchants
  97. Schedule 2: Registration for transitional cases
  98. 1Interpretation
  99. 2General details of the PRS provider
  100. 3General details of the PRS provider
  101. 4General details of the PRS provider
  102. 5Generally authorised person
  103. 6Specific information required from merchants
  104. Schedule 3: Information to be provided before entering into a controlled PRS contract
  105. 1Interpretation
  106. 2Pre-contract information
  107. Schedule 4: Transitional arrangements for the purposes of a relevant approved code
  108. 1Interpretation
  109. 2General
  110. 3Enforcement of provisions of a relevant approved code
  111. 4Discontinuance of proceedings commenced under a relevant approved code
  112. Explanatory note