The Regulation of Premium Rate Services Order 2024
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Change 1
62 Interim measures
(1) This article applies where OFCOM determine— (a) that there are reasonable grounds for suspecting that a PRS provider (“Q”) is contravening, or has contravened, a requirement imposed by Parts 2 to 9 of this Order, (b) that either Condition A or Condition B is satisfied, and (c) that the giving of a direction under this article is appropriate and proportionate to the suspected contravention in respect of which it is imposed. (2) Condition A is that there are reasonable grounds for suspecting that Q is unable, or is likely to be unable, to pay Q’s debts as they fall due. (3) Condition B is that— (a) there are reasonable grounds for suspecting that the case is an urgent case, and (b) the urgency of the case makes it appropriate for OFCOM to take action under this article. (4) A case is an urgent case for the purposes of paragraph (3)(a) if the contravention has resulted in, or creates an immediate risk of, serious harm to consumers or members of the public including, in particular, to vulnerable consumers. (5) OFCOM may give to Q— (a) where Q is not a body corporate, a direction that Q’s working in connection with a regulated activity is prohibited, suspended or restricted (either generally or in relation to a particular regulated activity), or (b) where Q is a body corporate, a direction that Q’s carrying on a regulated activity is prohibited, suspended or restricted (either generally or in relation to a particular regulated activity). (6) OFCOM may also (irrespective of whether any direction has been given to Q under paragraph (5)) give to PRS providers (other than Q) who are carrying out a regulated activity (“relevant providers”)— (a) a direction that they must notify OFCOM of any relevant payments at such times and periods as may be determined by or in accordance with the terms of the direction, (b) a direction that they must retain any relevant payment, or proportion of such payment, as may be determined by or in accordance with the terms of the direction, or (c) a direction that they are prohibited, suspended or restricted from dealing with Q under such conditions as may be specified in the direction. (7) A direction under either paragraph (5) or paragraph (6)— (a) except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to Q or (as the case may be) to relevant providers, (b) in providing for the effect of a prohibition, suspension, restriction or a requirement to retain a relevant payment 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 (c) in connection with a prohibition, suspension, restriction or a requirement to retain a relevant payment contained in the direction or with the postponement of its effect, may impose such conditions as appear to OFCOM to be appropriate for the purpose of protecting consumers. (8) Those conditions may include a condition requiring the making of payments— (a) by way of compensation for loss or damage suffered by consumers as a result of the direction, or (b) in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction. (9) OFCOM may revoke a direction given under either paragraph (5) or paragraph (6)— (a) with effect from such time as they may direct, (b) subject to compliance with such requirements as they may specify, and (c) to such extent and in relation to such regulated activity as they may determine. (10) Every person to whom a direction has been given under either paragraph (5) or paragraph (6) must comply with it. (11) In this article, “relevant payments” mean any payments owed to Q relating to, or connected with, the provision of a controlled PRS to users of the electronic communications services by means of which the controlled PRS is provided.
62 Interim measures
(1) This article applies where OFCOM determine— (a) that there are reasonable grounds for suspecting that a PRS provider (“Q”) is contravening, or has contravened, a requirement imposed by Parts 2 to 9 of this Order, (b) that either Condition A or Condition B is satisfied, and (c) that the giving of a direction under this article is appropriate and proportionate to the suspected contravention in respect of which it is imposed. (2) Condition A is that there are reasonable grounds for suspecting that Q is unable, or is likely to be unable, to pay Q’s debts as they fall due. (3) Condition B is that— (a) there are reasonable grounds for suspecting that the case is an urgent case, and (b) the urgency of the case makes it appropriate for OFCOM to take action under this article. (4) A case is an urgent case for the purposes of paragraph (3)(a) if the contravention has resulted in, or creates an immediate risk of, serious harm to consumers or members of the public including, in particular, to vulnerable consumers. (5) OFCOM may give to Q— (a) where Q is not a body corporate, a direction that Q’s working in connection with a regulated activity is prohibited, suspended or restricted (either generally or in relation to a particular regulated activity), or (b) where Q is a body corporate, a direction that Q’s carrying on a regulated activity is prohibited, suspended or restricted (either generally or in relation to a particular regulated activity). (6) OFCOM may also (irrespective of whether any direction has been given to Q under paragraph (5)) give to PRS providers (other than Q) who are carrying out a regulated activity (“relevant providers”)— (a) a direction that they must notify OFCOM of any relevant payments at such times and periods as may be determined by or in accordance with the terms of the direction, (b) a direction that they must retain any relevant payment, or proportion of such payment, as may be determined by or in accordance with the terms of the direction, or (c) a direction that they are prohibited, suspended or restricted from dealing with Q under such conditions as may be specified in the direction. (7) A direction under either paragraph (5) or paragraph (6)— (a) except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to Q or (as the case may be) to relevant providers, (b) in providing for the effect of a prohibition, suspension, restriction or a requirement to retain a relevant payment 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 (c) in connection with a prohibition, suspension, restriction or a requirement to retain a relevant payment contained in the direction or with the postponement of its effect, may impose such conditions as appear to OFCOM to be appropriate for the purpose of protecting consumers. (8) Those conditions may include a condition requiring the making of payments— (a) by way of compensation for loss or damage suffered by consumers as a result of the direction, or (b) in respect of annoyance, inconvenience or anxiety to which they have been put in consequence of the direction. (9) OFCOM may revoke a direction given under either paragraph (5) or paragraph (6)— (a) with effect from such time as they may direct, (b) subject to compliance with such requirements as they may specify, and (c) to such extent and in relation to such regulated activity as they may determine. (10) Every person to whom a direction has been given under either paragraph (5) or paragraph (6) must comply with it. (11) In this article, “relevant payments” mean any payments owed to Q relating to, or connected with, the provision of a controlled PRS to users of the electronic communications services by means of which the controlled PRS is provided.
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