- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Communications Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)OFCOM shall have the power, for the purpose of regulating the provision, content, promotion and marketing of premium rate services, to set conditions under this section that bind the persons to whom they are applied.
(2)Conditions under this section may be applied either—
(a)generally to every person who provides a premium rate service; or
(b)to every person who is of a specified description of such persons, or who provides a specified description of such services.
(3)The only provision that may be made by conditions under this section is provision requiring the person to whom the condition applies to comply, to the extent required by the condition, with—
[F1(za)the provisions of an approved code;]
(a)directions given in accordance with an approved code by the enforcement authority and for the purpose of enforcing its provisions; and
(b)if there is no such code, the provisions of the order for the time being in force under section 122.
(4)The power to set a condition under this section includes power to modify or revoke the conditions for the time being in force under this section.
(5)[F2Section 47 applies] to the setting, modification and revocation of a condition under this section as [F2it applies] to the setting, modification and revocation of a condition under section 45.
F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)A service is a premium rate service for the purposes of this Chapter if—
(a)it is a service falling within subsection (8);
(b)there is a charge for the provision of the service;
(c)the charge is required to be paid to a person providing an electronic communications service by means of which the service in question is provided; and
(d)that charge is imposed in the form of a charge made by that person for the use of the electronic communications service.
(8)A service falls within this subsection if its provision consists in—
(a)the provision of the contents of communications transmitted by means of an electronic communications network; or
(b)allowing the user of an electronic communications service to make use, by the making of a transmission by means of that service, of a facility made available to the users of the electronic communications service.
(9)For the purposes of this Chapter a person provides a premium rate service (“the relevant service”) if—
(a)he provides the contents of the relevant service;
(b)he exercises editorial control over the contents of the relevant service;
(c)he is a person who packages together the contents of the relevant service for the purpose of facilitating its provision;
(d)he makes available a facility comprised in the relevant service; or
(e)he falls within subsection (10), (11) or (12).
(10)A person falls within this subsection if—
(a)he is the provider of an electronic communications service used for the provision of the relevant service; and
(b)under arrangements made with a person who is a provider of the relevant service falling within subsection (9)(a) to (d), he is entitled to retain some or all of the charges received by him in respect of the provision of the relevant service or of the use of his electronic communications service for the purposes of the relevant service.
(11)A person falls within this subsection if—
(a)he is the provider of an electronic communications network used for the provision of the relevant service; and
(b)an agreement relating to the use of the network for the provision of that service subsists between the provider of the network and a person who is a provider of the relevant service falling within subsection (9)(a) to (d).
(12)A person falls within this subsection if—
(a)he is the provider of an electronic communications network used for the provision of the relevant service; and
(b)the use of that network for the provision of premium rate services, or of services that include or may include premium rate services, is authorised by an agreement subsisting between that person and either an intermediary service provider or a person who is a provider of the relevant service by virtue of subsection (10) or (11).
(13)Where one or more persons are employed or engaged under the direction of another to do any of the things mentioned in subsection (9)(a) to (d), only that other person shall be a provider of the relevant service for the purposes of this Chapter.
(14)References in this section to a facility include, in particular, references to—
(a)a facility for making a payment for goods or services;
(b)a facility for entering a competition or claiming a prize; and
(c)a facility for registering a vote or recording a preference.
(15)In this section—
“approved code” means a code for the time being approved under section 121;
“enforcement authority”, in relation to such a code, means the person who under the code has the function of enforcing it; and
“intermediary service provider” means a person who—
provides an electronic communications service used for the provision of the relevant service or an electronic communications network so used; and
is a party to an agreement with—
a provider of the relevant service falling within subsection (9)(a) to (d), or
another intermediary service provider,
which relates to the use of that electronic communications service or network for the provision of premium rate services, or of services that include or may include premium rate services.
Textual Amendments
F1S. 120(3)(za) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 80(1), 100(5); S.I. 2015/1630, art. 3(e) (with art. 7)
F2Words in s. 120(5) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 76(a) (with Sch. 3 paras. 2, 16)
F3S. 120(6) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 76(b) (with Sch. 3 paras. 2, 16)
Modifications etc. (not altering text)
C1Ss. 120-124 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2
Commencement Information
I1S. 120 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
(1)The way in which conditions are to be set or modified under section 120 is by the publication of a notification setting out the conditions or modifications.
(2)The way in which such a condition is to be revoked is by the publication of a notification stating that the condition is revoked.
(3)Before setting such conditions, or modifying or revoking a condition so set, OFCOM must publish a notification—
(a)stating that they are proposing to set, modify or revoke the conditions that are specified in the notification;
(b)setting out the effect of those conditions, modifications or revocations;
(c)giving their reasons for making the proposal; and
(d)specifying the period within which representations may be made to OFCOM about their proposal.
(3)That period must end no less than one month after the day of the publication of the notification.
(4)But where OFCOM are satisfied that there are exceptional circumstances justifying the use of a shorter period, the period specified as the period for making representations may be whatever shorter period OFCOM consider reasonable in those circumstances.
(5)OFCOM may give effect to the proposal, with any modifications that appear to OFCOM to be appropriate, after—
(a)considering every representation about the proposal made to them during the period specified in the notification; and
(b)having regard to every international obligation of the United Kingdom (if any) which has been notified to them for the purposes of this paragraph by the Secretary of State.
(6)The publication of a notification under this section must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by its contents.
(7)OFCOM must send a copy of every notification published under this section to the Secretary of State.]
Textual Amendments
F4S. 120A inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 77 (with Sch. 3 paras. 2, 16)
Modifications etc. (not altering text)
C2Ss. 120-124 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2
(1)If it appears to OFCOM—
(a)that a code has been made by any person for regulating the provision and contents of premium rate services, and the facilities made available in the provision of such services;
(b)that the code contains provision for regulating, to such extent (if any) as they think fit, the arrangements made by the providers of premium rate services for promoting and marketing those services; and
(c)that it would be appropriate for them to approve that code for the purposes of section 120,
they may approve that code for those purposes.
(2)OFCOM are not to approve a code for those purposes unless they are satisfied—
(a)that there is a person who, under the code, has the function of administering and enforcing it; and
(b)that that person is sufficiently independent of the providers of premium rate services;
(c)that adequate arrangements are in force for funding the activities of that person in relation to the code;
(d)that the provisions of the code are objectively justifiable in relation to the services to which it relates;
(e)that those provisions are not such as to discriminate unduly against particular persons or against a particular description of persons;
(f)that those provisions are proportionate to what they are intended to achieve; and
(g)that, in relation to what those provisions are intended to achieve, they are transparent.
(3)OFCOM are not for those purposes to approve so much of a code as imposes an obligation as respects a premium rate service on a person who is a provider of the service by virtue only of section 120(12) (“the relevant provider”) unless they are satisfied that the obligation—
(a)arises only if there is no one who is a provider of the service otherwise than by virtue of section 120(12) against whom it is practicable to take action;
(b)arises only after a notice identifying the service and setting out respects in which requirements of the code have been contravened in relation to it has been given to the relevant provider by the person responsible for enforcing the code; and
(c)is confined to an obligation to secure that electronic communications networks provided by the relevant provider are not used for making the service available to persons who are in the United Kingdom.
(4)The provision that may be contained in a code and approved under this section includes, in particular, provision about the pricing of premium rate services and provision for the enforcement of the code.
(5)The provision for the enforcement of a code that may be approved under this section includes—
(a)provision for the payment, to a person specified in the code, of a penalty not exceeding the maximum penalty for the time being specified in section 123(2);
[F5(aa)provision that applies where there is or has been more than one contravention of the code or directions given in accordance with it by a person and which enables—
(i)a single penalty (which does not exceed that maximum penalty) to be imposed on the person in respect of all of those contraventions, or
(ii)separate penalties (each of which does not exceed that maximum penalty) to be imposed on the person in respect of each of those contraventions,
according to whether the person imposing the penalty determines that a single penalty or separate penalties are appropriate and proportionate to those contraventions;]
(b)provision requiring a provider of a premium rate service to secure that the provision of the service is suspended or otherwise ceases or is restricted in any respect;
(c)provision for the imposition on a person, in respect of a contravention of the code, of a temporary or permanent prohibition or restriction on his working in connection with the provision of premium rate services or, in the case of a body corporate, on its providing such services or on its carrying on other activities in connection with their provision.
(6)OFCOM may, at any time, for the purposes of section 120—
(a)approve modifications that have been made to an approved code; or
(b)withdraw their approval from an approved code.
(7)Where OFCOM give or withdraw an approval for the purposes of section 120, they must give notification of their approval or of its withdrawal.
(8)The notification must be published in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the approval or withdrawal.
Textual Amendments
F5S. 121(5)(aa) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 80(2), 100(5); S.I. 2015/1630, art. 3(e) (with art. 7)
Modifications etc. (not altering text)
C3Ss. 120-124 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2
Commencement Information
I2S. 121 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
(1)OFCOM may make an order under this section if, at any time, they consider that there is no code in force to which they think it would be appropriate to give, or to continue to give, their approval under section 121.
(2)An order under this section may make such of the following provisions as OFCOM think fit—
(a)provision imposing requirements with respect to the provision and contents of premium rate services, and with respect to the facilities made available in the provision of such services (including provision about pricing);
(b)provision imposing requirements with respect to the arrangements made by the providers of premium rate services for the promotion and marketing of those services;
(c)provision for the enforcement of requirements imposed by virtue of paragraph (a) or (b);
(d)provision making other arrangements for the purposes of those requirements.
(3)The power to make provision by an order under this section includes, in particular—
(a)power to establish a body corporate with the capacity to make its own rules and to establish its own procedures;
(b)power to determine the jurisdiction of a body established by such an order or, for the purposes of the order, of any other person;
(c)power to confer jurisdiction with respect to any matter on OFCOM themselves;
(d)power to provide for a person on whom jurisdiction is conferred by the arrangements to make awards of compensation, to direct the reimbursement of costs or expenses, or to do both;
(e)power to provide for such a person to enforce, or to participate in the enforcement of, any awards or directions made under such an order;
(f)power to make provision falling within section 121(5)(c) for the enforcement of the provisions of the order; and
(g)power to make such other provision as OFCOM think fit for the enforcement of such awards and directions.
(4)An order under this section may require such providers of premium rate services as may be determined by or under the order to make payments to OFCOM in respect of expenditure incurred by OFCOM in connection with—
(a)the establishment and maintenance, in accordance with such an order, of any body corporate or procedure; or
(b)the making of other arrangements for the purposes of the requirements of such an order.
(5)An order under this section is not to impose an obligation as respects a premium rate service on a person who is a provider of the service by virtue only of section 120(12) (“the relevant provider”) unless the obligation—
(a)arises only if there is no one who is a provider of the service otherwise than by virtue of section 120(12) against whom it is practicable to take action;
(b)arises only after a notice identifying the service and setting out respects in which requirements of the order have been contravened in relation to it has been given to the relevant provider by OFCOM; and
(c)is confined to an obligation to secure that electronic communications networks provided by the relevant provider are not used for making the service available to persons who are in the United Kingdom.
(6)The consent of the Secretary of State is required for the making by OFCOM of an order under this section.
(7)Section 403 applies to the power of OFCOM to make an order under this section.
(8)A statutory instrument containing an order made by OFCOM under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Modifications etc. (not altering text)
C4Ss. 120-124 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2
Commencement Information
I3S. 122 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
(1)Sections 94 to 96 apply in relation to a contravention of conditions set under section 120 as they apply in relation to a contravention of a condition set under section 45.
[F6(1A)Subsection (1B) applies where a notification under section 94 as applied by this section relates to more than one contravention of—
(a)a code approved under section 121,
(b)directions given in accordance with such a code, or
(c)an order under section 122.
(1B)Section 96(3) as applied by this section enables OFCOM to impose—
(a)a single penalty in respect of all of those contraventions, or
(b)separate penalties in respect of each of those contraventions,
according to whether OFCOM determine that a single penalty or separate penalties are appropriate and proportionate to those contraventions.]
(2)The amount of [F7each penalty] imposed under section 96 as applied by this section is to be such amount not exceeding [F8£250,000] as OFCOM determine to be—
(a)appropriate; and
(b)proportionate to the contravention in respect of which it is imposed.
(3)In making that determination OFCOM must have regard to—
(a)any representations made to them by the notified provider;
(b)any steps taken by him towards complying with the conditions contraventions of which have been notified to him under section 94 (as applied); and
(c)any steps taken by him for remedying the consequences of those contraventions.
(4)The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (2).
(5)No order is to be made containing provision authorised by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Textual Amendments
F6S. 123(1A)(1B) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 80(4), 100(5); S.I. 2015/1630, art. 3(e) (with art. 7)
F7Words in s. 123(2) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), ss. 80(5), 100(5); S.I. 2015/1630, art. 3(e) (with art. 7)
F8Word in s. 123(2) substituted (30.12.2005) by Communications Act 2003 (Maximum Penalty and Disclosure of Information) Order 2005 (S.I. 2005/3469), arts. 1(1), 2 (with art. 2(2))
Modifications etc. (not altering text)
C5Ss. 120-124 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2
Commencement Information
I4S. 123 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
(1)OFCOM may give a direction under this section to a person who is a communications provider (“the contravening provider”) if they are satisfied—
(a)that he is or has been in serious and repeated contravention of conditions set under section 120;
(b)that an attempt, by the imposition of penalties or the giving of enforcement notifications under section 95 (as applied by section 123) or both, to secure compliance with the contravened conditions has failed;
(c)that the giving of the direction is appropriate and proportionate to the seriousness (when repeated as they have been) of the contraventions; and
(d)that the giving of the direction is required for reasons of public policy.
(2)OFCOM may also give a direction under this section to a person who is a communications provider (“the contravening provider”) if they are satisfied—
(a)that he is, or has been, in contravention of conditions set under section 120 in respect of a premium rate service;
(b)that the circumstances of the contravention make it appropriate for OFCOM to suspend or restrict the provision of premium rate services provided by the contravening provider without the conditions set out in subsection (1) being satisfied; and
(c)that in those circumstances the giving of the direction is urgently required for reasons of public policy.
(3)A direction under this section is—
(a)a direction to the contravening provider to secure the suspension of the provision of premium rate services provided by him; or
(b)a direction requiring him to secure compliance with restrictions, set out in the direction, on the provision of such services.
(4)A direction under this section—
(a)must specify the services to which it relates; and
(b)except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the person to whom it is given.
(5)A direction under this section—
(a)in providing for the effect of a suspension or restriction to be postponed, may provide for it to take effect only at a time determined by or in accordance with the terms of the direction; and
(b)in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the contravening provider as appear to OFCOM to be appropriate for the purpose of protecting that provider’s customers.
(6)Those conditions may include a condition requiring the making of payments—
(a)by way of compensation for loss or damage suffered by the contravening provider’s customers as a result of the direction; or
(b)in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction.
(7)If OFCOM consider it appropriate to do so (whether or not in consequence of representations or proposals made to them), they may revoke a direction under this section or modify its conditions—
(a)with effect from such time as they may direct;
(b)subject to compliance with such requirements as they may specify; and
(c)to such extent and in relation to such services as they may determine.
(8)Sections 102 and 103 apply in the case of a direction under this section as they apply in the case of a direction under section 100, but as if references in section 103(1) to an electronic communications network or electronic communications service were references to a premium rate service.
(9)For the purposes of this section there are repeated contraventions by a person of conditions set under section 120 to the extent that—
(a)in the case of a previous notification given to that person under section section 94 (as applied by section 123), OFCOM have determined for the purposes of section 95(2) or 96(2) (as so applied) that such a contravention did occur; and
(b)in the period of twelve months following the day of the making of that determination, one or more further notifications have been given to that person in respect of contraventions of a condition set under section 120.
(10)For the purposes of this section the seriousness of repeated contraventions of conditions set under section 120 has to be determined by reference to the seriousness of the contraventions of the approved code or order by reference to which the conditions have effect.
Modifications etc. (not altering text)
C6Ss. 120-124 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2
Commencement Information
I5S. 124 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Part you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Part you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Chapter you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Chapter you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys