The Regulation of Premium Rate Services Order 2024

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1. Introductory Text

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   PART 1 Introduction

   1. 1. Citation, commencement and extent

   2. 2. General interpretation

   3. 3. Meaning of “controlled PRS”

   4. 4. Meaning of “threshold service”

   5. 5. Meaning of “chatline service”

   6. 6. Meaning of “sexual content service”

   7. 7. Meaning of “information, connection or signposting service” (“ICSS”)

   8. 8. Meaning of “subscription service”

   9. 9. Meaning of “PRS provider” and “regulated activity” etc.

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   PART 2 Registration

   1. 10. Requirements before carrying out a regulated activity

   2. 11. Exemption for certain merchants

   3. 12. OFCOM’s duty to establish and maintain a register

   4. 13. Registration for transitional cases

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   PART 3 OFCOM’s expenditure

   1. 14. Requirement to pay OFCOM’s administrative charges

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   PART 4 Due-diligence measures and risk assessments in dealing with others

   1. 15. Prohibition on dealing with unregistered PRS providers

   2. 16. Prohibition on dealing with persons on whom a relevant direction, decision or sanction has been imposed

   3. 17. Risk assessment requirements

   4. 18. Suspension of arrangements by network operators

   5. 19. Suspension of arrangements by intermediaries

   6. 20. Arrangements entered into before 1st February 2025

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   PART 5 Security testing

   1. 21. Requirements relating to relevant security testing

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   PART 6 Consumer Protection

   1. CHAPTER 1 Information provided to consumers in carrying out a regulated activity

      1. 22. Misleading information

   2. CHAPTER 2 Promotion and marketing

      1. 23. Promoting and marketing services to children

      2. 24. Factual claims made in promotion and marketing about a controlled PRS

      3. 25. Usage requirements for some types of controlled PRS to be stated in promotion and marketing

   3. CHAPTER 3 Pre-contract information and express consent for imposing certain charges

      1. 26. Information to be provided before entering into a controlled PRS contract

      2. 27. Express consent for charges imposed under a subscription contract entered into by means of an internet access service

      3. 28. Express consent for charges imposed under a subscription contract entered into by means of an SMS message

      4. 29. Express consent for charges imposed under a contract for an ICSS

   4. CHAPTER 4 Provision of controlled PRS

      1. 30. Requirement to provide a controlled PRS within a reasonable time

      2. 31. Charging information for a controlled PRS purchased through the use of a mobile phone service

      3. 32. Notifications of charges for virtual chat services

      4. 33. Right to terminate subscription contracts

      5. 34. Reminder notices of termination of subscription contracts

      6. 35. Records of consent

      7. 36. Consumer enquiries and complaints: policies and procedures

      8. 37. Consumer enquiries and complaints: requirements

      9. 38. Additional requirements relating to refunds

   5. CHAPTER 5 Vulnerable consumers and harmful material

      1. 39. Vulnerable consumers

      2. 40. Harmful material

   6. CHAPTER 6 Competition or voting services

      1. 41. Meaning of “competition or voting service”

      2. 42. Valid ticket of entry for competition or voting services

      3. 43. Consideration of a valid ticket of entry for competition or voting services

      4. 44. Claiming prizes free of charge

      5. 45. Attempted use of a facility comprised in a competition or voting service after a time limit has expired

   7. CHAPTER 7 Other requirements for certain controlled PRS

      1. 46. Pricing restrictions for some types of controlled PRS

      2. 47. Prohibition on provision of types of controlled PRS to persons under the age of 18

      3. 48. Age verification for some types of controlled PRS

      4. 49. Requirements for controlled PRS provided to children

      5. 50. Charges for the provision of ICSS

      6. 51. Relevant qualifications for professional advice services

      7. 52. Consumer information relating to remote gambling services

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   PART 7 Additional requirements for network operators

   1. 53. Requirement for network operators to retain relevant payments

   2. 54. Requirement for network operators to keep premium rate number records

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   PART 8 Information requirements

   1. 55. Requirements to provide information to OFCOM

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    PART 9 Records

    1. 56. Record-keeping

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    PART 10 Enforcement

    1. CHAPTER 1 Enforcement of requirements under Parts 2 to 9 of this Order

       1. 57. Power of OFCOM to publish notice of investigation

       2. 58. Preservation of evidence for an investigation

       3. 59. Provisional enforcement notice

       4. 60. Penalties

       5. 61. Final enforcement notice

       6. 62. Interim measures

       7. 63. Confirmation of directions under article 62

       8. 64. Directions for serious contraventions

       9. 65. Interpretation of this Part

    2. CHAPTER 2 Transitional provisions

       1. 66. Transitional arrangements for the purposes of a relevant approved code

12. Signature

13. SCHEDULES

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       SCHEDULE 1

       Information to be given to OFCOM before carrying out a regulated activity

       1. 1. Interpretation

       2. 2. General details of the PRS provider

       3. 3. Main telephone number.

       4. 4. Main email address.

       5. 5. Website address (if applicable).

       6. 6. Confirmation as to whether the PRS provider is—

       7. 7. Generally authorised person

       8. 8. Directors or members of senior management

       9. 9. Specific information required from merchants

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       SCHEDULE 2

       Registration for transitional cases

       1. 1. Interpretation

       2. 2. General details of the PRS provider

       3. 3. Main telephone number.

       4. 4. Main email address.

       5. 5. Generally authorised person

       6. 6. Specific information required from merchants

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       SCHEDULE 3

       Information to be provided before entering into a controlled PRS contract

       1. 1. Interpretation

       2. 2. Pre-contract information

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       SCHEDULE 4

       Transitional arrangements for the purposes of a relevant approved code

       1. 1. Interpretation

       2. 2. General

       3. 3. Enforcement of provisions of a relevant approved code

       4. 4. Discontinuance of proceedings commenced under a relevant approved code

14. Explanatory Note