The Regulation of Premium Rate Services Order 2024
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SCHEDULE 4 Transitional arrangements for the purposes of a relevant approved code
Article 66 Interpretation 1 In this Schedule— “relevant approved code” means a code in respect of the time for which it was approved under section 121 of the Act; “relevant enforcement authority”, in relation to a relevant approved code, means the person who under that code had the function of enforcing it. General 2 (1) This paragraph applies where, at any time before 1st February 2025 anything has been done by or in relation to a relevant enforcement authority for the purposes of or in connection with the carrying out of its functions under the provisions of a relevant approved code. (2) That thing is to have effect, on and after 1st February 2025, and so far as necessary for its purposes, as if it had been made or done by or in relation to OFCOM. (3) Where the provisions of a relevant approved code have effect in accordance with this paragraph— (a) so much of them as authorise or require anything to be done by or in relation to a relevant enforcement authority are to have effect in relation to times after 1st February 2025 as if they authorised or required that thing to be done by or in relation to OFCOM; and (b) other references in the provisions of a relevant approved code to a relevant enforcement authority are to have effect, in relation to such times, as references to OFCOM. Enforcement of provisions of a relevant approved code 3 (1) Subject to sub-paragraphs (2) and (3), despite the withdrawal by OFCOM of their approval for a relevant approved code in a notification given in accordance with section 121(7) of the Act, after 1st February 2025, they are authorised or required to do anything that the relevant enforcement authority was authorised or required to do for the purposes of or in connection with the carrying out of its functions under the provisions of that relevant approved code. (2) Where the provisions of a relevant approved code provide for a relevant enforcement authority to appoint a legally qualified person (“former sole adjudicator”) or a panel of persons (“former panel”), those provisions are to have effect as if they authorised or required OFCOM to appoint— (a) where they refer to a former sole adjudicator, a person with not less than 10 years of experience practising as a lawyer, and (b) where they refer to a former panel, a panel of three members meeting the requirements in sub-paragraph (4), and, accordingly, references in a relevant approved code to a former sole adjudicator or a former panel are to be read, as regards all times on and after 1st February 2025, as references to either a person referred to in paragraph (a) or a panel referred to in paragraph (b), as applicable. (3) A person (“new sole adjudicator”) or a panel (“new panel”) so appointed by OFCOM may be appointed on an ad hoc basis and is authorised or required to do anything that the former sole adjudicator or the former panel, as applicable, was authorised or required to do for the purposes of or in connection with the carrying out of the functions under the provisions of the relevant approved code. (4) A panel of three members meets the requirements of this sub-paragraph where the panel is established such that— (a) it has a chair with not less than 15 years of experience practising as a lawyer to preside over it, (b) if the members of the panel are unable to agree, they are to take any decision by majority vote, (c) if the chair is unable to continue after the commencement of any hearing, the chair may appoint either of the remaining two members to chair the panel, and in that case the panel is to consist of the remaining two members for the rest of the proceedings, (d) if the remaining member appointed under paragraph (c) is not a lawyer, another person must be appointed with not less than 15 years of experience practising as a lawyer to attend the proceedings and advise the remaining members on any questions of law arising, (e) if a member of the panel (other than its chair) is unable to continue after the commencement of any hearing, the panel is to consist of the remaining two members for the rest of the proceedings, and (f) where in accordance with either paragraph (c) or (e) the panel consists of two members, a decision of the panel must be unanimous. (5) In this paragraph, “lawyer” means a person practising as an advocate, barrister or solicitor in any part of the United Kingdom. Discontinuance of proceedings commenced under a relevant approved code 4 (1) This paragraph applies where— (a) a former sole adjudicator or a former panel was appointed by a relevant enforcement authority for the purposes of or in connection with the carrying out of a function of the relevant enforcement authority under the provisions of a relevant approved code, but (b) the function (“undischarged function”) had not been carried out immediately before 1st February 2025. (2) Where this paragraph applies— (a) OFCOM are not liable for anything done or omitted in the performance or purported performance of the undischarged function, unless the act or omission is shown to have been in bad faith, (b) OFCOM may appoint a new sole adjudicator or a new panel, as applicable, for the purposes of or in connection with the carrying out afresh of the undischarged function under the provisions of the relevant approved code, and (c) where, for the purpose or in connection with the carrying out of the undischarged function, a person made representations (whether orally or in writing) to the former sole adjudicator or the former panel, the person who made representations must be offered an opportunity to make representations before the new sole adjudicator or the new panel, as applicable. (3) Where a new sole adjudicator or a new panel so carries out afresh the undischarged function, the powers of OFCOM under paragraphs 2 and 3 include in particular— (a) where the function concerns an application for a review of a direction given by a relevant enforcement authority, the power to agree to or refuse the application to carry out a review in accordance with the provisions of the relevant approved code, (b) where the function concerns an application for a review of a direction given by a relevant enforcement authority and the chair of a former panel (or, as the case may be, a former sole adjudicator) under the relevant approved code has already agreed to the application to carry out a review, the power to confirm, vary or rescind that direction in accordance with the provisions of the relevant approved code, and (c) where the function concerns a case in which a relevant enforcement authority has not given a direction in accordance with such a code and for the purpose of enforcing its provisions, the power to give directions in accordance with the provisions of the relevant approved code. (4) In this paragraph— “former panel” has the meaning given in paragraph 3(2); “former sole adjudicator” has the meaning given in paragraph 3(2); “new panel” has the meaning given in paragraph 3(3); “new sole adjudicator” has the meaning given in paragraph 3(3).
SCHEDULE 4 Transitional arrangements for the purposes of a relevant approved code
Article 66 Interpretation 1 In this Schedule— “relevant approved code” means a code in respect of the time for which it was approved under section 121 of the Act; “relevant enforcement authority”, in relation to a relevant approved code, means the person who under that code had the function of enforcing it. General 2 (1) This paragraph applies where, at any time before 1st February 2025 anything has been done by or in relation to a relevant enforcement authority for the purposes of or in connection with the carrying out of its functions under the provisions of a relevant approved code. (2) That thing is to have effect, on and after 1st February 2025, and so far as necessary for its purposes, as if it had been made or done by or in relation to OFCOM. (3) Where the provisions of a relevant approved code have effect in accordance with this paragraph— (a) so much of them as authorise or require anything to be done by or in relation to a relevant enforcement authority are to have effect in relation to times after 1st February 2025 as if they authorised or required that thing to be done by or in relation to OFCOM; and (b) other references in the provisions of a relevant approved code to a relevant enforcement authority are to have effect, in relation to such times, as references to OFCOM. Enforcement of provisions of a relevant approved code 3 (1) Subject to sub-paragraphs (2) and (3), despite the withdrawal by OFCOM of their approval for a relevant approved code in a notification given in accordance with section 121(7) of the Act, after 1st February 2025, they are authorised or required to do anything that the relevant enforcement authority was authorised or required to do for the purposes of or in connection with the carrying out of its functions under the provisions of that relevant approved code. (2) Where the provisions of a relevant approved code provide for a relevant enforcement authority to appoint a legally qualified person (“former sole adjudicator”) or a panel of persons (“former panel”), those provisions are to have effect as if they authorised or required OFCOM to appoint— (a) where they refer to a former sole adjudicator, a person with not less than 10 years of experience practising as a lawyer, and (b) where they refer to a former panel, a panel of three members meeting the requirements in sub-paragraph (4), and, accordingly, references in a relevant approved code to a former sole adjudicator or a former panel are to be read, as regards all times on and after 1st February 2025, as references to either a person referred to in paragraph (a) or a panel referred to in paragraph (b), as applicable. (3) A person (“new sole adjudicator”) or a panel (“new panel”) so appointed by OFCOM may be appointed on an ad hoc basis and is authorised or required to do anything that the former sole adjudicator or the former panel, as applicable, was authorised or required to do for the purposes of or in connection with the carrying out of the functions under the provisions of the relevant approved code. (4) A panel of three members meets the requirements of this sub-paragraph where the panel is established such that— (a) it has a chair with not less than 15 years of experience practising as a lawyer to preside over it, (b) if the members of the panel are unable to agree, they are to take any decision by majority vote, (c) if the chair is unable to continue after the commencement of any hearing, the chair may appoint either of the remaining two members to chair the panel, and in that case the panel is to consist of the remaining two members for the rest of the proceedings, (d) if the remaining member appointed under paragraph (c) is not a lawyer, another person must be appointed with not less than 15 years of experience practising as a lawyer to attend the proceedings and advise the remaining members on any questions of law arising, (e) if a member of the panel (other than its chair) is unable to continue after the commencement of any hearing, the panel is to consist of the remaining two members for the rest of the proceedings, and (f) where in accordance with either paragraph (c) or (e) the panel consists of two members, a decision of the panel must be unanimous. (5) In this paragraph, “lawyer” means a person practising as an advocate, barrister or solicitor in any part of the United Kingdom. Discontinuance of proceedings commenced under a relevant approved code 4 (1) This paragraph applies where— (a) a former sole adjudicator or a former panel was appointed by a relevant enforcement authority for the purposes of or in connection with the carrying out of a function of the relevant enforcement authority under the provisions of a relevant approved code, but (b) the function (“undischarged function”) had not been carried out immediately before 1st February 2025. (2) Where this paragraph applies— (a) OFCOM are not liable for anything done or omitted in the performance or purported performance of the undischarged function, unless the act or omission is shown to have been in bad faith, (b) OFCOM may appoint a new sole adjudicator or a new panel, as applicable, for the purposes of or in connection with the carrying out afresh of the undischarged function under the provisions of the relevant approved code, and (c) where, for the purpose or in connection with the carrying out of the undischarged function, a person made representations (whether orally or in writing) to the former sole adjudicator or the former panel, the person who made representations must be offered an opportunity to make representations before the new sole adjudicator or the new panel, as applicable. (3) Where a new sole adjudicator or a new panel so carries out afresh the undischarged function, the powers of OFCOM under paragraphs 2 and 3 include in particular— (a) where the function concerns an application for a review of a direction given by a relevant enforcement authority, the power to agree to or refuse the application to carry out a review in accordance with the provisions of the relevant approved code, (b) where the function concerns an application for a review of a direction given by a relevant enforcement authority and the chair of a former panel (or, as the case may be, a former sole adjudicator) under the relevant approved code has already agreed to the application to carry out a review, the power to confirm, vary or rescind that direction in accordance with the provisions of the relevant approved code, and (c) where the function concerns a case in which a relevant enforcement authority has not given a direction in accordance with such a code and for the purpose of enforcing its provisions, the power to give directions in accordance with the provisions of the relevant approved code. (4) In this paragraph— “former panel” has the meaning given in paragraph 3(2); “former sole adjudicator” has the meaning given in paragraph 3(2); “new panel” has the meaning given in paragraph 3(3); “new sole adjudicator” has the meaning given in paragraph 3(3).
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