Article 9 Meaning of “PRS provider” and “regulated activity” etc.

(1)

The following definitions apply for the purposes of this Order.

(2)

“Intermediary” means a person who, under an agreement with B, provides a service to B that consists of one or both of the following things—

(a)

the packaging together of the contents of a controlled PRS for the purpose of facilitating its provision;

(b)

the making available of a facility comprised in a controlled PRS.

(3)

Where one or more persons are employed or engaged under the direction of another to do any of the things mentioned in paragraph (2) as a service to B, only that other person is to be treated as the intermediary that provides the service to B.

(4)

For the purposes of paragraphs (2) and (3), “B” means—

(a)

a merchant, or

(b)

any person (other than a merchant) who seeks to provide a service consisting of one or both of the things in paragraph (2)(a) or (b) on a business-to-business basis.

(5)

“Merchant” means a person who provides a controlled PRS to a consumer.

(6)

Where one or more persons are employed or engaged under the direction of another to provide a controlled PRS to a consumer, only that other person is to be treated as the merchant that provides the controlled PRS to the consumer.

(7)

“Network operator” means a person falling within paragraph (8) or (9).

(8)

A person falls within this paragraph if the person—

(a)

is the provider of an electronic communications service used for the provision of a controlled PRS, and

(b)

under arrangements with an intermediary or a merchant, is entitled to retain some or all of the charges received in respect of the provision of the controlled PRS or in respect of the use of the electronic communications service for the purposes of the controlled PRS.

(9)

A person falls within this paragraph if the person—

(a)

is the provider of an electronic communications network used for the provision of a controlled PRS, and

(b)

is party to an agreement with an intermediary or a merchant for the use of the network in the provision of the controlled PRS.

(10)

“PRS provider” means—

(a)

an intermediary,

(b)

a merchant, or

(c)

a network operator.

(11)

References to provision of a service by a PRS provider are references to—

(a)

in relation to an intermediary, the doing of one or both of the things in paragraph (2)(a) or (b),

(b)

in relation to a merchant, the provision of a controlled PRS to a consumer, and

(c)

in relation to a network operator, the provision of an electronic communications service or an electronic communications network for use in the provision of a controlled PRS,

and cognate expressions are to be construed accordingly.

(12)

“Regulated activity” means—

(a)

provision of a service or network within the meaning of paragraph (11), or

(b)

arrangements made for the promotion and marketing of a controlled PRS.