Prospective

PART IIU.K.USE OF TELECOMMUNICATIONS SERVICES FOR DIRECT MARKETING PURPOSES

Supplementary provisionsU.K.

11.—(1) Where publicly available telecommunications services are used for the communication of material for direct marketing purposes—

(a)by means of an automated calling system within the meaning of regulation 6(1) or by means of facsimile transmission, the caller shall ensure that the material communicated includes the particulars mentioned in paragraph (2)(a) and (b) below;

(b)otherwise than as mentioned in sub-paragraph (a), the caller shall ensure that the material communicated includes the particulars mentioned in paragraph (2)(a) below and, if the recipient of the call so requests, those mentioned in paragraph (2)(b) below.

(2) The particulars referred to in paragraph (1) are—

(a)the name of the caller;

(b)either the address of the caller or a freephone telephone number on which he can be reached.

(3) Where a person by whom numbers are allocated to subscribers is requested by or on behalf of the Director, for the purposes of his functions under regulation 7(4) or 9(4), to furnish information as to when a particular number ceases to be allocated to a particular subscriber, that person shall comply with the request.

(4) A caller shall not be held to have contravened regulation 7 or regulation 9 by reason of the making, or instigating the making, of a call and a subscriber shall not be held to have contravened regulation 7 or regulation 9 by permitting his line to be used for the making of a call, notwithstanding that the number of the called line is one listed in the record kept under paragraph (4) of the regulation in question, if that number was not so listed at any time within the 28 days preceding that on which the call is made.

Commencement Information