The Regulation of Premium Rate Services Order 2024
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Change 1
10 Requirements before carrying out a regulated activity
(1) No person may carry out a regulated activity (or purport to do so), unless the person— (a) is a PRS provider who— (i) satisfies the conditions in paragraph (3) (but see article 13 (registration for transitional cases)), or (ii) is exempt under article 11, and (b) has appointed one or more persons in senior management for such of the purposes described in paragraph (5) as are relevant to that provider (“generally authorised person”). (2) An appointment under paragraph (1)(b) may be— (a) general for all purposes, or (b) where more than one person is appointed, limited to one or more of the purposes, described in paragraph (5). (3) A provider satisfies the conditions in this paragraph if— (a) the provider has given OFCOM the information described in Schedule 1 in respect of the regulated activity in the manner specified by OFCOM on their website, and (b) at least five working days have elapsed beginning with the day on which the information was given. (4) Where any change in the provider’s circumstances renders inaccurate the information given under paragraph (3)(a), the provider must update OFCOM accordingly in the manner specified by OFCOM on their website, within five working days (beginning with the day on which a reasonable provider in like circumstances would have become aware of the inaccuracy). (5) The purposes referred to in paragraph (1)(b) are— (a) indicating, by providing an email address, the PRS provider’s willingness to receive notifications and documents transmitted by OFCOM in electronic form in accordance with section 395(5) of the Act, (b) approving risk assessments and measures under article 17(10), (c) approving relevant security testing under article 21(2)(b), (d) approving the policies and procedures under article 39(3)(a) in relation to vulnerable consumers, and (e) approving the policies and procedures under article 36(4)(c)(i) in relation to enquiries and complaints. (6) In this article, “senior management”, in respect of a PRS provider, means persons having a significant role in— (a) the making of decisions about how the whole or a substantial part of the PRS provider’s activities are managed or organised, or (b) the actual managing or organising of the whole or a substantial part of those activities.
10 Requirements before carrying out a regulated activity
(1) No person may carry out a regulated activity (or purport to do so), unless the person— (a) is a PRS provider who— (i) satisfies the conditions in paragraph (3) (but see article 13 (registration for transitional cases)), or (ii) is exempt under article 11, and (b) has appointed one or more persons in senior management for such of the purposes described in paragraph (5) as are relevant to that provider (“generally authorised person”). (2) An appointment under paragraph (1)(b) may be— (a) general for all purposes, or (b) where more than one person is appointed, limited to one or more of the purposes, described in paragraph (5). (3) A provider satisfies the conditions in this paragraph if— (a) the provider has given OFCOM the information described in Schedule 1 in respect of the regulated activity in the manner specified by OFCOM on their website, and (b) at least five working days have elapsed beginning with the day on which the information was given. (4) Where any change in the provider’s circumstances renders inaccurate the information given under paragraph (3)(a), the provider must update OFCOM accordingly in the manner specified by OFCOM on their website, within five working days (beginning with the day on which a reasonable provider in like circumstances would have become aware of the inaccuracy). (5) The purposes referred to in paragraph (1)(b) are— (a) indicating, by providing an email address, the PRS provider’s willingness to receive notifications and documents transmitted by OFCOM in electronic form in accordance with section 395(5) of the Act, (b) approving risk assessments and measures under article 17(10), (c) approving relevant security testing under article 21(2)(b), (d) approving the policies and procedures under article 39(3)(a) in relation to vulnerable consumers, and (e) approving the policies and procedures under article 36(4)(c)(i) in relation to enquiries and complaints. (6) In this article, “senior management”, in respect of a PRS provider, means persons having a significant role in— (a) the making of decisions about how the whole or a substantial part of the PRS provider’s activities are managed or organised, or (b) the actual managing or organising of the whole or a substantial part of those activities.
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