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The Privacy and Electronic Communications (EC Directive) Regulations 2003

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Register to be kept for the purposes of regulation 21U.K.

26.—(1) For the purposes of regulation 21 [F1the Commissioner] shall maintain and keep up-to-date, in printed or electronic form, a register of the numbers allocated to F2... subscribers, in respect of particular lines, who have notified [F3the Commissioner or, prior to 30thDecember 2016, OFCOM] that they do not for the time being wish to receive unsolicited calls for direct marketing purposes on the lines in question.

[F4(1A) Notifications to [F1the Commissioner] made for the purposes of paragraph (1) by corporate subscribers shall be in writing.]

(2) [F1The Commissioner] shall remove a number from the register maintained under paragraph (1) where [F5the Commissioner has] reason to believe that it has ceased to be allocated to the subscriber by whom [F6the Commissioner was or, prior to 30th December 2016, OFCOM were] notified pursuant to paragraph (1).

[F7(2A) Where a number allocated to a corporate subscriber is listed in the register maintained under paragraph (1), [F1the Commissioner] shall, within the period of 28 days following each anniversary of the date of that number being first listed in the register, send to the subscriber a written reminder that the number is listed in the register.]

(3) On the request of—

(a)a person wishing to make, or instigate the making of, such calls as are mentioned in paragraph (1), or

(b)a subscriber wishing to permit the use of his line for the making of such calls,

for information derived from the register kept under paragraph (1), [F1the Commissioner] shall, unless it is not reasonably practicable so to do, on the payment to [F8the Commissioner] of such fee as is, subject to paragraph (4), required by [F8the Commissioner], make the information requested available to that person or that subscriber.

(4) For the purposes of paragraph (3) [F1the Commissioner] may require different fees—

(a)for making available information derived from the register in different forms or manners, or

(b)for making available information derived from the whole or from different parts of the register,

but the fees required by [F8the Commissioner] shall be ones in relation to which the Secretary of State has notified [F1the Commissioner] that he is satisfied that they are designed to secure, as nearly as may be and taking one year with another, that the aggregate fees received, or reasonably expected to be received, equal the costs incurred, or reasonably expected to be incurred, by [F1the Commissioner] in discharging [F9the Commissioner’s] duties under paragraphs (1), (2) and (3).

(5) The functions of [F1the Commissioner] under paragraphs (1), (2) [F10, (2A)] and (3), other than the function of determining the fees to be required for the purposes of paragraph (3), may be discharged on [F9the Commissioner’s] behalf by some other person in pursuance of arrangements made by [F1the Commissioner] with that other person.

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