Article 16 Prohibition on dealing with persons on whom a relevant direction, decision or sanction has been imposed

(1)

No PRS provider may enter into an arrangement with another person in respect of a regulated activity where—

(a)

that person is the subject of—

(i)

a direction or decision given by OFCOM as set out in paragraph (2), or

(ii)

a sanction imposed by a relevant enforcement authority as set out in paragraph (3), and

(b)

that arrangement would contravene any such direction, decision or sanction that remains in effect.

(2)

A direction or decision is one given by OFCOM under—

(a)

article 62(5) or (6)(c) (interim direction prohibiting, suspending, or restricting a PRS provider from working in connection with, or carrying out, a regulated activity) and any confirmation of such directions under article 63,

(b)

article 64(5) or (6)(c) (direction for serious contraventions prohibiting, suspending, or restricting a PRS provider from working in connection with, or carrying out, a regulated activity), or

(c)

Schedule 4 by virtue of article 66 (transitional arrangements for the purposes of a relevant approved code).

(3)

A sanction is one which is—

(a)

imposed by a relevant enforcement authority under any provision in a relevant approved code which corresponds to paragraph 5.8.5 (f) to (h) of Code 15, and

(b)

published on the PSA’s website.

(4)

In this article, “relevant approved code” and “relevant enforcement authority” have the meanings given in paragraph 1 of Schedule 4.