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Regulation 15 Contracts—public operators

Original text. Later amendments are not shown.

(1)

In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that public operators providing access to a fixed public telephone system or a mobile public telephone network or both shall, except where an existing contract complies with the requirements set out in paragraphs (2) and (3) below, offer to enter into, with each of its subscribers, either:

(a)

a new written contract; or

(b)

a written variation of an existing contract,

which new contract or contract as varied complies with the requirements set out in paragraphs (2) and (3) below.

(2)

The contract referred to in paragraph (1) above shall specify the service to be provided or shall make reference to publicly available terms and conditions.

(3)

The contract or publicly available terms and conditions shall specify at least:

(a)

the supply time for initial connection;

(b)

the maintenance service offered;

(c)

the compensation or refund arrangements for subscribers if the contracted service is not provided or both;

(d)

a summary of the dispute resolution procedures in accordance with regulation 37 below; and

(e)

information on service quality levels offered.

(4)

The Director may direct, on his own initiative or following a request by an organisation representing user or consumer interests, that the conditions of contracts and of compensation or refund schemes or both which have been provided by public operators providing access to a fixed public telephone system or a mobile public telephone network or both, insofar as they concern matters subject to the provisions of these Regulations, shall be altered in order to protect the rights of users or subscribers or both. Any person who is a party to such contract shall be under a duty to comply with any such direction.