Article 3 Meaning of “controlled PRS”

(1)

In this Order, “controlled PRS” means a premium rate service—

(a)

that falls within paragraph (2), (3) or (4), and

(b)

that is not exempt by virtue of paragraph (5).

(2)

A premium rate service falls within this paragraph if—

(a)

the use of a premium rate number is required to use the service, and

(b)

the charge for the provision of the service is—

(i)

a single charge of 5.833 pence or more, or

(ii)

calculated by reference to a rate of 5.833 pence or more for each minute of the duration of the electronic communication.

(3)

A premium rate service falls within this paragraph if—

(a)

it is provided by means of an electronic communications service, other than by using a premium rate number, and

(b)

the charge for the provision of the service is—

(i)

a single charge of 10 pence or more, or

(ii)

calculated by reference to a rate of 10 pence or more for each minute of the duration of the electronic communication.

(4)

A premium rate service falls within this paragraph if it is—

(a)

a chatline service,

(b)

a sexual content service, or

(c)

an information, connection or signposting service.

(5)

A premium rate service is exempt by virtue of this paragraph if it is provided by means of—

(a)

a call which terminates on an electronic communications network outside of the United Kingdom, or

(b)

an electronic communications service which is provided by the same person as provides the premium rate service.

(6)

In paragraph (2), references to 5.833 pence or more are exclusive of VAT.

(7)

In paragraph (3), references to 10 pence or more are inclusive of VAT.

(8)

In this article—

“premium rate number” means a relevant telephone number beginning with the digits “087”, “090”, “091”, or “118”;
“relevant telephone number” means a telephone number determined under the National Telephone Numbering Plan^f1 to be available for allocation, adoption or otherwise as a telephone number for use on a public electronic communications network.

Annotations

Footnotes

f1: See section 56(1) of the Act for the definition of “National Telephone Numbering Plan”. Section 56 was amended by S.I. 2011/1210.