1 Principles of good regulation
1.2 The scope of this Code
1.3 Geographic reach of the Code
1.4 Amendments and advice
1.5 Confidentiality
1.7 Constitution
1.8 The code compliance panel
1.1 In carrying out its activities, PhonepayPlus undertakes to have regard to five principles of good regulation, namely:
1.2.1 The Communications Act 2003 (¡¥the Act') sets out in Section 120 the definition of premium rate services and who may be regulated in respect of them. The Act provides Ofcom with the power to approve a Code for the purposes of that regulation and Ofcom has approved this Code under Section 121 of the Act.
1.2.2 Providers of premium rate services are obliged, pursuant to the condition set by Ofcom under the Act and Section 120(3)(a) of the Act, to comply with directions given by PhonepayPlus in accordance with this Code for the purpose of enforcing its provisions.
1.2.3 The condition set by Ofcom applies to controlled premium rate services (¡¥CPRS'), the definition of which is contained within Part 2 of this Code. The definition of CPRS is slightly narrower than the definition of premium rate services contained in the Act. Insofar as a particular premium rate service is not within the definition of CPRS, this Code applies to it but compliance is voluntary.
1.2.4 Nothing in this Code shall be construed as requiring any person, or as enabling PhonepayPlus to require any person, to provide any information in circumstances where:
a. the requiring of that person to provide information would be, or
b. the making of provision in this Code for PhonepayPlus to be able to require that person to provide that information would have been,
contrary to Directive 2000/31/EC including Article 15 thereof.
1.3.1 Save as is provided below, this Code applies to all premium rate services which are accessed by a user in the United Kingdom or provided by a service provider which is situated in the United Kingdom.
1.3.2 Some premium rate services may also be ¡¥information society services' (as defined in Article 1.2 of Directive 98/34/EC as amended by Directive 98/40/EC). Information society services are required to be regulated in accordance with Directive 2000/31/EC on Electronic Commerce (¡¥the E-Commerce Directive'). This Code will apply to such services when the service provider responsible for the provision of those services under this Code is:
a. established in the United Kingdom, or
b. established in another EEA member state, but only where:i. the services are being accessed or may be accessed from within the United Kingdom, and
ii. the conditions set out in Article 3.4 (read, as appropriate, in accordance with Article 3.5) of the E-Commerce Directive are satisfied.
1.4.1 This Code may be amended or otherwise modified from time to time by way of a process consistent with Section 121(6) of the Communications Act 2003.
1.4.2 PhonepayPlus may issue and/or amend advice concerning provisions of this Code from time to time. This may be in the form of Help Notes or Statements which set out what PhonepayPlus' expectations are. These will include advice on the way it is anticipated that certain types or categories of service are likely to be dealt with under the Code and/or the way in which specific provisions are likely to be applied in relation to such services. Help Notes are intended to assist those involved in the provision of premium rate services to comply with the Code but do not bind PhonepayPlus and do not form part of this Code.
Confidential information (such confidentiality being judged on an objective basis) received by PhonepayPlus will be kept in confidence by PhonepayPlus and will not be divulged to any third party other than PhonepayPlus employees, officers, professional advisors and Ofcom or other proper authority without consent (such consent not being unreasonably withheld or delayed). PhonepayPlus may divulge such information if it is necessary for it to do so in order to discharge its responsibilities under this Code or for the purpose of prevention of fraud or because disclosure is required by law.
This Code was notified in draft to the European Commission in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC.
1.7.1 PhonepayPlus is constituted as a not for profit company limited by guarantee. The members of PhonepayPlus Ltd are also its directors, of which there may be up to 10 at any time, and who together form the Board of Directors ("the Board") which is responsible for the discharge of all duties which fall upon PhonepayPlus under this Code.
1.7.2 Board members are appointed in their individual capacities. Up to three Board members are appointed in the light of their personal contemporary industry knowledge and may have commercial interests in the premium rate sector. They can take no part in any adjudicatory function or process.
1.7.3 The Board has determined that the function of undertaking adjudications or reviews of adjudications in respect of alleged breaches of the Code and in respect of the grant or refusal of permissions and the imposition of conditions in permissions granted under the Code ("the adjudicatory function") will be delegated to Tribunals which will include one or more persons who are not Board members but are members of the Code Compliance Panel ("the Panel") and may include non-industry members of the Board. The relevant processes are set out in Part 8 of this Code.
1.7.4 The Board is supported by a permanent Executive body, the Chief Executive of which may be appointed to be a Board member but will take no part in any adjudicatory function or process.
1.8.1 The Panel consists of:
.
1.8.2 The Chairman of the Panel shall be appointed by the Board.
1.8.3 The legally qualified members and lay members shall be appointed by the Board in consultation with the Chairman of the Panel.
1.8.4 The Chairman of the Panel shall attend all relevant parts of all meetings of the Board as determined by the Chairman of PhonepayPlus.