Complying with article 16 of the PRS Order

Article 16(1)(a)(ii) of the PRS Order prohibits PRS providers from entering into an arrangement with another person in respect of a regulated activity (see article 9(12) for the meaning of “regulated activity”), where that person is the subject of a sanction imposed by a relevant enforcement authority prior to 1 February 2025, and that arrangement would contravene any such sanction that remains in effect. 

In this context, a ‘relevant enforcement authority’ and ‘relevant approved code’ have the meaning given in paragraph 1 of Schedule 4 to the PRS Order. They refer essentially to the Phone-Paid Services Authority and its predecessors the Independent Committee for the Supervision of Standards of Telephone Information Services (ICSTIS) and PhonepayPlus and any codes issued by them.

Relevant sanctions imposed by the PSA (and its predecessors) prior to 1 February 2025

Article 16(3) specifies the relevant sanctions for the purposes of complying with the prohibition imposed by article 16(1)(a)(ii) as being those imposed under any provision in a relevant approved code which corresponds to paragraph 5.8.5 (f) to (h) of the Code of Practice 2021 (Fifteenth edition) made by the Phone-paid Services Authority (PSA) and published on its website. Those sanctions include in particular:

• prohibitions, for a defined period, on PRS providers or individuals preventing them from providing or having involvement in all or a limited number of specified types of controlled PRS or promotion; and
• prohibitions for a defined period, on PRS providers or individuals contracting with any specified person on the PSA register either at all or on specific terms.

The PSA’s website is now archived by the National Archives and its published list of regulatory decisions, including those involving sanctions for the purposes of article 16, can be viewed here.

Ofcom’s supplementary list of businesses and individuals on whom relevant sanctions have been imposed

To assist providers in identifying any persons subject to any sanctions in this context, Ofcom has collated below a list of prohibitions published on PSA’s archived website. The list shows both businesses and individuals on whom relevant sanctions were imposed prior to 1 February 2025.

Please note that, after the expiry date of the sanction imposed on the business or individual in question, the prohibition imposed by article 16 of the PRS Order will no longer apply in relation to that person.