The Regulation of Premium Rate Services Order 2024
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Change 1
11 Exemption for certain merchants
(1) A PRS provider is exempt for the purposes of article 10(1)(a)(ii) if the provider is a merchant who provides a controlled PRS— (a) in respect of which charges imposed on consumers are enabled solely by means of a facility made available by one qualifying intermediary, or (b) to consumers through an application made available by the merchant via an app store provided by a qualifying intermediary. (2) An intermediary is a qualifying intermediary for such time as the conditions set out in paragraphs (3), (4), (6) and (7) are satisfied. (3) The first condition is that the intermediary itself satisfies the conditions in article 10(3) and complies with the requirement in article 10(4) in carrying out a regulated activity. (4) The second condition is that the intermediary has given (and not withdrawn) an undertaking to OFCOM only to make available— (a) a facility to a merchant as referred to in paragraph (1)(a), or (b) an app store to a merchant as referred to in paragraph (1)(b), where the intermediary does the things mentioned in paragraph (5). (5) Those things are that the intermediary— (a) makes and keeps an up-to-date relevant record in respect of each and every merchant to which it makes available a facility or app store as referred to in paragraph (1), and (b) administers a process for handling complaints made by consumers in respect of such a merchant, including, in particular, making available to consumers contact details for the merchant on its website. (6) The third condition is that the intermediary has notified OFCOM, in the manner specified by OFCOM on their website, of its undertaking mentioned in paragraph (4). (7) The fourth condition is that five working days have passed beginning with the day on which the intermediary notified OFCOM in accordance with paragraph (6). (8) A PRS provider is also exempt for the purposes of article 10(1)(a)(ii) until 3rd March 2025 if the provider is a previously exempted merchant. (9) Where an intermediary becomes aware of changes such that it is, or will be, unable to continue to give the undertaking required under paragraph (4), the intermediary must— (a) immediately notify merchants as referred to in paragraph (1) whose exemption is affected by such a change, and (b) update OFCOM accordingly in the manner specified by OFCOM on their website, within five working days. (10) In this article— “app store” means an online facility by means of which a consumer can— browse applications online, or download an application onto an electronic device; “generally authorised person” has the meaning given in article 10(1)(b); “online facility” means a website, or any other means by which information is made available over the internet, which facilitates the supply of applications or other data which are produced and supplied in digital form through the website or other means by persons other than the operator (whether or not the operator also supplies those things through the facility); “operator”, in relation to an online facility, means the person who establishes, maintains and operates the online facility; “previously exempted merchant” means a merchant who immediately before 1st February 2025 was a person who was exempted by the PSA from the requirement to provide information for the purposes of complying with paragraph 3.8.1 of Code 15; “relevant record” means a record in writing of— in the case of a merchant who is a body corporate, firm, unincorporated body or association that is a legal person under the law by which it is governed— in the case of a limited company that is registered in the United Kingdom, the registered name, number and address, and any trading name, or in any other case, particulars of the legal form of a company, firm, unincorporated body or association under the law by which it is governed, and (if applicable) the register in which it is entered and its registered name, number and address in that register, and any trading name, in any other case, the name (including any trading name) and the last known address of the merchant, the brand name (if any) of the controlled PRS provided by the merchant, and the name, job title, telephone number, and email address of the merchant’s generally authorised person (or persons).
11 Exemption for certain merchants
(1) A PRS provider is exempt for the purposes of article 10(1)(a)(ii) if the provider is a merchant who provides a controlled PRS— (a) in respect of which charges imposed on consumers are enabled solely by means of a facility made available by one qualifying intermediary, or (b) to consumers through an application made available by the merchant via an app store provided by a qualifying intermediary. (2) An intermediary is a qualifying intermediary for such time as the conditions set out in paragraphs (3), (4), (6) and (7) are satisfied. (3) The first condition is that the intermediary itself satisfies the conditions in article 10(3) and complies with the requirement in article 10(4) in carrying out a regulated activity. (4) The second condition is that the intermediary has given (and not withdrawn) an undertaking to OFCOM only to make available— (a) a facility to a merchant as referred to in paragraph (1)(a), or (b) an app store to a merchant as referred to in paragraph (1)(b), where the intermediary does the things mentioned in paragraph (5). (5) Those things are that the intermediary— (a) makes and keeps an up-to-date relevant record in respect of each and every merchant to which it makes available a facility or app store as referred to in paragraph (1), and (b) administers a process for handling complaints made by consumers in respect of such a merchant, including, in particular, making available to consumers contact details for the merchant on its website. (6) The third condition is that the intermediary has notified OFCOM, in the manner specified by OFCOM on their website, of its undertaking mentioned in paragraph (4). (7) The fourth condition is that five working days have passed beginning with the day on which the intermediary notified OFCOM in accordance with paragraph (6). (8) A PRS provider is also exempt for the purposes of article 10(1)(a)(ii) until 3rd March 2025 if the provider is a previously exempted merchant. (9) Where an intermediary becomes aware of changes such that it is, or will be, unable to continue to give the undertaking required under paragraph (4), the intermediary must— (a) immediately notify merchants as referred to in paragraph (1) whose exemption is affected by such a change, and (b) update OFCOM accordingly in the manner specified by OFCOM on their website, within five working days. (10) In this article— “app store” means an online facility by means of which a consumer can— browse applications online, or download an application onto an electronic device; “generally authorised person” has the meaning given in article 10(1)(b); “online facility” means a website, or any other means by which information is made available over the internet, which facilitates the supply of applications or other data which are produced and supplied in digital form through the website or other means by persons other than the operator (whether or not the operator also supplies those things through the facility); “operator”, in relation to an online facility, means the person who establishes, maintains and operates the online facility; “previously exempted merchant” means a merchant who immediately before 1st February 2025 was a person who was exempted by the PSA from the requirement to provide information for the purposes of complying with paragraph 3.8.1 of Code 15; “relevant record” means a record in writing of— in the case of a merchant who is a body corporate, firm, unincorporated body or association that is a legal person under the law by which it is governed— in the case of a limited company that is registered in the United Kingdom, the registered name, number and address, and any trading name, or in any other case, particulars of the legal form of a company, firm, unincorporated body or association under the law by which it is governed, and (if applicable) the register in which it is entered and its registered name, number and address in that register, and any trading name, in any other case, the name (including any trading name) and the last known address of the merchant, the brand name (if any) of the controlled PRS provided by the merchant, and the name, job title, telephone number, and email address of the merchant’s generally authorised person (or persons).
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