On 2 July 2014, PhonepayPlus published a consultation on a proposed new Code for the regulation of premium rate services. The proposed new Code – PhonepayPlus’ 13th Code – reflected the current 12th Code in many important respects, but also included changes in a number of areas. On the same day, Ofcom published a consultation document which invited comments on its provisional view that the proposed new Code met the legal tests for approval under the Communications Act 2003.
Having carefully considered responses from stakeholders, and PhonepayPlus’ response to points made by stakeholders in relation to its own consultation, and on the basis that the 13th Code also includes certain safeguard amendments in order to address the problems identified by the High Court in R (Ordanduu GmbH and Optimus Mobile GmbH) v PhonepayPlus Ltd [2015] EWHC 50 (Admin), Ofcom is satisfied that the criteria set out in the Act have been met and that it would be appropriate to approve the proposed new Code.
The 13th Code and a copy of Ofcom’s draft Statement were submitted by the Department for Business, Innovation and Skills (on Ofcom’s behalf) to the European Commission, as required by Directive 98/34/EC. The requisite three month standstill period has elapsed with no comments received. Therefore the 13th Code, with Ofcom’s approval, comes into force on 1 July 2015.