The Regulation of Premium Rate Services Order 2024
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Change 1
64 Directions for serious contraventions
(1) OFCOM may give a direction under this article where— (a) either Condition A or Condition B is satisfied, and (b) the giving of a direction is appropriate and proportionate to the contravention in respect of which it is imposed. (2) Condition A is that— (a) P is in serious contravention of a requirement imposed by Parts 2 to 9 of this Order, (b) at the time P contravenes the requirement, P either knowingly contravenes it or is reckless as to whether or not it is contravened, and (c) the proposed direction has been notified to P in a PEN under article 59 and confirmed by a FEN under article 61. (3) Condition B is that— (a) P is in serious contravention of a requirement imposed by Parts 2 to 9 of this Order, (b) it was reasonably practicable for P to comply with the requirement and P failed to take all reasonable steps to prevent that serious contravention, and (c) the proposed direction has been notified to P in a PEN under article 59 and confirmed by a FEN under article 61. (4) Where either Condition A or Condition B is satisfied, a direction under this article is given where OFCOM serve a FEN under article 61 to P, or (as the case may be) to relevant providers (within the meaning of paragraph (6)), in respect of a direction proposed in a PEN under article 59. (5) OFCOM may give to P— (a) where P is not a body corporate, a direction that P’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 P is a body corporate, a direction that P’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 P under paragraph (5)) give to PRS providers (other than P) 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 P 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 given to P 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 the 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 P 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.
64 Directions for serious contraventions
(1) OFCOM may give a direction under this article where— (a) either Condition A or Condition B is satisfied, and (b) the giving of a direction is appropriate and proportionate to the contravention in respect of which it is imposed. (2) Condition A is that— (a) P is in serious contravention of a requirement imposed by Parts 2 to 9 of this Order, (b) at the time P contravenes the requirement, P either knowingly contravenes it or is reckless as to whether or not it is contravened, and (c) the proposed direction has been notified to P in a PEN under article 59 and confirmed by a FEN under article 61. (3) Condition B is that— (a) P is in serious contravention of a requirement imposed by Parts 2 to 9 of this Order, (b) it was reasonably practicable for P to comply with the requirement and P failed to take all reasonable steps to prevent that serious contravention, and (c) the proposed direction has been notified to P in a PEN under article 59 and confirmed by a FEN under article 61. (4) Where either Condition A or Condition B is satisfied, a direction under this article is given where OFCOM serve a FEN under article 61 to P, or (as the case may be) to relevant providers (within the meaning of paragraph (6)), in respect of a direction proposed in a PEN under article 59. (5) OFCOM may give to P— (a) where P is not a body corporate, a direction that P’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 P is a body corporate, a direction that P’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 P under paragraph (5)) give to PRS providers (other than P) 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 P 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 given to P 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 the 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 P 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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