generally to every person who provides a premium rate service; or

to every person who is of a specified description of such persons, or who provides a specified description of such services.

directions given in accordance with an approved code by the enforcement authority and for the purpose of enforcing its provisions; and

if there is no such code, the provisions of the order for the time being in force under section 122.

it is a service falling within subsection (8);

there is a charge for the provision of the service;

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

that charge is imposed in the form of a charge made by that person for the use of the electronic communications service.

the provision of the contents of communications transmitted by means of an electronic communications network; or

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.

he provides the contents of the relevant service;

he exercises editorial control over the contents of the relevant service;

he is a person who packages together the contents of the relevant service for the purpose of facilitating its provision;

he makes available a facility comprised in the relevant service; or

he falls within subsection (10), (11) or (12).

he is the provider of an electronic communications service used for the provision of the relevant service; and

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.

he is the provider of an electronic communications network used for the provision of the relevant service; and

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).

he is the provider of an electronic communications network used for the provision of the relevant service; and

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).

a facility for making a payment for goods or services;

a facility for entering a competition or claiming a prize; and

a facility for registering a vote or recording a preference.

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;

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

that it would be appropriate for them to approve that code for the purposes of section 120,

that there is a person who, under the code, has the function of administering and enforcing it; and

that that person is sufficiently independent of the providers of premium rate services;

that adequate arrangements are in force for funding the activities of that person in relation to the code;

that the provisions of the code are objectively justifiable in relation to the services to which it relates;

that those provisions are not such as to discriminate unduly against particular persons or against a particular description of persons;

that those provisions are proportionate to what they are intended to achieve; and

that, in relation to what those provisions are intended to achieve, they are transparent.

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;

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

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.

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);

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;

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.

approve modifications that have been made to an approved code; or

withdraw their approval from an approved code.

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);

provision imposing requirements with respect to the arrangements made by the providers of premium rate services for the promotion and marketing of those services;

provision for the enforcement of requirements imposed by virtue of paragraph (a) or (b);

provision making other arrangements for the purposes of those requirements.

power to establish a body corporate with the capacity to make its own rules and to establish its own procedures;

power to determine the jurisdiction of a body established by such an order or, for the purposes of the order, of any other person;

power to confer jurisdiction with respect to any matter on OFCOM themselves;

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;

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;

power to make provision falling within section 121(5)(c) for the enforcement of the provisions of the order; and

power to make such other provision as OFCOM think fit for the enforcement of such awards and directions.

the establishment and maintenance, in accordance with such an order, of any body corporate or procedure; or

the making of other arrangements for the purposes of the requirements of such an order.

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;

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

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.

appropriate; and

proportionate to the contravention in respect of which it is imposed.

any representations made to them by the notified provider;

any steps taken by him towards complying with the conditions contraventions of which have been notified to him under section 94 (as applied); and

any steps taken by him for remedying the consequences of those contraventions.

that he is or has been in serious and repeated contravention of conditions set under section 120;

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;

that the giving of the direction is appropriate and proportionate to the seriousness (when repeated as they have been) of the contraventions; and

that the giving of the direction is required for reasons of public policy.

that he is, or has been, in contravention of conditions set under section 120 in respect of a premium rate service;

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

that in those circumstances the giving of the direction is urgently required for reasons of public policy.

a direction to the contravening provider to secure the suspension of the provision of premium rate services provided by him; or

a direction requiring him to secure compliance with restrictions, set out in the direction, on the provision of such services.

must specify the services to which it relates; and

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.

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

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.

by way of compensation for loss or damage suffered by the contravening provider’s customers as a result of the direction; or

in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction.

with effect from such time as they may direct;

subject to compliance with such requirements as they may specify; and

to such extent and in relation to such services as they may determine.

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

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.