PhonepayPlus Limited publication scheme

1. Introduction to PhonepayPlus
2. Publication Scheme – Introduction
3. Publication Scheme – How to Use
4. Retention of Documents
5. Information not included in this Publication Scheme 
6. Changes to the Publication Scheme
7. Confidentiality 
8. Copyright
9. Feedback and Complaints

 

1 INTRODUCTION

PhonepayPlus is the regulatory body for premium rate services. We are committed to working closely with the premium rate industry and with Ofcom to ensure that its regulation meets the principles of good regulation. Wherever possible we draw on the support of industry in ensuring that compliance with this Code, along with our vision and mission, is achieved.

As the regulator for premium rate services, our vision is that anyone can use these services with absolute confidence. In pursuit of our vision, we create a Code of Practice, approved by Ofcom for the purposes of the Communications Act 2003, which sets appropriate standards for the promotion, content and overall operation of premium rate services, taking account of people who may be especially vulnerable, particularly children.

We promote compliance by giving advice on our Code to providers of premium rate services. If there are breaches of the Code, we promptly enforce its provisions in order to minimise consumer harm and encourage compliance in the future. So that we can continue to protect and inform consumers faced with constantly changing technology, we regularly review our standards, consulting widely to obtain a cross-section of opinion.

PhonepayPlus is a non-profit making company limited by guarantee. Our Board consists of up to 10 members, all appointed in their individual capacities, with two members who have contemporary industry knowledge. The Board is supported by a permanent Executive, and has created an independent panel of legally-qualified professionals and lay people to adjudicate on breaches of the Code.

In carrying out our mission, we are committed to the following:

• staying aware of, and responsive to, the ways in which consumers, or particular sets of consumers, may be vulnerable to harm when using premium rate services and striving to ensure that they receive the necessary protection
• openness, fairness, even-handedness and impartiality when dealing with any individual or company involved in the provision of premium rate services
• consistency when making decisions and imposing sanctions relating to breaches of our Code and having in place mechanisms to ensure and maintain consistency
• co-operative engagement with the constantly developing premium rate industry to secure its support for our work
• working with legislators and other regulators to ensure that those who influence the operation of premium rate services fully understand and support our work
• maintaining our understanding of relevant technological developments so that our regulation remains targeted and proportionate, and allows innovation and investment
• being accessible to consumers and helping them understand how premium rate services work so that they can better protect themselves
• acknowledging the important contribution made by all members of the organisation

Further information on who we are and what we do is available from our website www.phonepayplus.org.uk

 

2          PUBLICATION SCHEME: INTRODUCTION

2.1      The Freedom of Information Act 2000 (Act) gives a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right, and places a number of obligations on public authorities. One such obligation is to adopt and maintain a Publication Scheme. A ‘public authority’ is defined in the Act, and includes (among others) specified non-departmental public bodies.

2.2      PhonepayPlus is not a designated public authority for the purposes of the Act, and is not subject to the Act. However, in compliance with recommended best practice, it has prepared a ‘Publication Scheme’ - the purpose of which is to identify classes of information which are already (or which in future will be) published by PhonepayPlus, and therefore available to the public

2.3      The Scheme is available to be downloaded at www.phonepayplus.org.uk, which also provides a wide variety of information about PhonepayPlus’s activities.  The Scheme is also available in hard copy free of charge.

2.4      Requests for hard copies of documents in the Publication Scheme, or questions, concerns and complaints relating to PhonepayPlus’s Publication Scheme should be addressed to:

Compliance Manager

PhonepayPlus

Clove Building, 4 Maguire Street, London SE1 2NQ

Email: sratcliffe@phonepayplus.org.uk

Phone: 020 7940 7409

 

3      PUBLICATION SCHEME: HOW TO USE

3.1      The classes of information that PhonepayPlus intends to publish are grouped, by subject, under broad topics; these topics describe the type of information you can expect to find within the Publication Scheme.  Within each broad topic area there are identifiable classes of information that PhonepayPlus publishes or intends to publish

3.2      The broad topics into which we have grouped classes of information in this scheme are:

1.    Who we are and what we do

• Organisational information and contacts
• Governance statement
• Biographies of Board Members 
• A link to the Communications Act 2003
• A link to the Ofcom Condition of Controlled Premium Rate Services
• The current edition of the PhonepayPlus Code of Practice (Code)
• Related Guidance to the Code, and related help notes
• Written decisions of adjudications against service and information providers found to be in breach of the Code
• Details of the PhonepayPlus Prior Permission Scheme, guidelines and how to apply for permission
• Current and past consultations
• Publications and research

2.    What we spend and how we spend it – current year

• Recent consultation on our proposed budget
• Confirmation of annual budget and administrative charges 2009/2010
• Announcement setting levy
• Funding Arrangements
• Audited report and financial statements

3.    What are our priorities and how we are doing

• Annual and Quarterly Reports
• Mission Statement
• Three Year Strategic Plan
• ICSTIS 20^th Anniversary Publication
• Consultations, PhonepayPlus external responses and reviews
• Statement of our practice of consulting

4.    How we make decisions

• The Board, The Board Handbook & Code of Conduct for Board Members, and Board minutes  
• The Code Compliance Panel and Code Compliance Panel Handbook
• Adjudications process, ‘Informal procedures’ and ‘Your rights’
• Minutes of adjudications
• List of Service Providers barred for the non-payment of fines and prohibited persons
• Industry Liaison Panel and summary notes
• Independent Appeals Body  and IAB handbook

5.   Our policies and procedures

• Code of Practice 11^th edition and Help Notes
• Published policies and procedures
• Due Diligence
• Statements of Expectation
• Sanctions Guidelines
• Registration as a Service Provider/Information Provider or to register your services
• Registration Forms and Service Types
• 087 – Number Range and compliance guidelines
• Prior Permission services process
• Privacy and data protection statements

6.   The services we offer

• A short guide to who we are and what we offer
• How to make a complaint
• Industry support advice
• Research documents
• Consumer publications
• News
• Link to www.phonebrain.org.uk
• Industry FAQ’s
• General and Compliance FAQ’s

3.3      Under each class in the Publication Scheme there can be found:

• a brief description of the information
• how the information will be made available
• details of any charges for information

3.4      The information published through our Scheme is available either from our web site or by email or post (see section 2.4).

3.5      Information in our Scheme that is requested by email or post will be sent to you within 20 working days of receipt of request. If this is not possible for any reason we will contact you within this time period to let you know why.

3.6      If there are any charges due, details of this will be included in the scheme and these will need to be paid in advance.  There are no hidden charges, but if you request extra copies we may charge you for photocopying and postage.  You will be advised of this on receipt of the request.

3.7      PhonepayPlus will publish its documents in English, but does not usually publish in other languages. Publications in large print are available on request.

 

4.         RETENTION OF DOCUMENTS

4.1     There is no commitment to publish information held by PhonepayPlus indefinitely: for administrative reasons, this is impracticable.

4.2     Our policy for keeping information in our possession are governed by best practice, and draw upon the Public Records Acts 1958 and 1967 and other legislation. 

 

5.         INFORMATION NOT INCLUDED IN OUR PUBLICATION SCHEME

5.1      PhonepayPlus is not subject to Freedom of Information legislation, and while members of the public have the right to make a specific request for information about the public bodies covered by the Act, this does not apply to PhonepayPlus.

5.2      However, if you are seeking information of a non-confidential nature about the regulatory activities of PhonepayPlus, and the provision of such information does not generate a significant cost or expenditure of resource, then we will make this information available in response to any written request addressed to the Compliance Manager.

5.3      We will notify you within 10 working days of request as to whether we agree to make the information sought available to you. If we object, we shall provide reasons for our objection. If we agree, we shall provide you with the information requested within a further period of 20 days.

 

6.       CHANGES TO THE PUBLICATION SCHEME

6.1      PhonepayPlus will update its Scheme periodically and is committed to reviewing the content of its Scheme each year. 

6.2      Responsibility at senior level for our Publication Scheme is the Chief Executive.

6.3      The person responsible for maintaining our Publication Scheme on a day to day basis is PhonepayPlus’ Compliance Manager.

 

7.       CONFIDENTIALITY

7.1     In preparing this scheme, PhonepayPlus has reviewed the information already published, and has considered carefully the public interest in publishing further information - while at the same time having regard to factors such as the confidentiality of commercially sensitive information, and its statutory obligations such as those under the Data Protection Act 1998.

 

8.         COPYRIGHT

8.1     The copyright in the material accessed through this Publication Scheme is owned by PhonepayPlus unless otherwise stated.  The supply of documents does not give the person or organisation who receives them an automatic right to re-use the documents in a way that would infringe copyright, for example, by making multiple copies, publishing and issuing copies to the public.

8.2     Brief extracts of the material may be reproduced under the fair dealing provisions of the Copyright, Designs and Patents Act 1988 (sections 29 and 30) for the purposes of research for non-commercial purposes, private study, criticism, review and news reporting, provided it is reproduced accurately and not used in a misleading manner. When re-using this material, you must identify the source of the material and acknowledge the copyright status. If in doubt, contact us for further details.

8.3     However, permission to reproduce material does not extend to any material accessed through the Publication Scheme that is not owned by PhonepayPlus but is the copyright of third parties. You must obtain authorisation to reproduce such material from the copyright holders concerned.

 

9.       FEEDBACK AND COMPLAINTS

9.1     We welcome feedback on our Publication Scheme; comments will be considered and taken into account when reviewing and developing the Scheme.  In addition, we will use requests we receive to shape future Publication Schemes.

9.2     If you are dissatisfied with any aspect of our Publication Scheme, or with the way which we may have handled any request for information, please contact the Chief Executive of PhonepayPlus.

November 2009