The Privacy and Electronic Communications (EC Directive) Regulations 2003

Register to be kept for the purposes of regulation 20U.K.

25.—(1) For the purposes of regulation 20 [F1the Commissioner] shall maintain and keep up-to-date, in printed or electronic form, a register of the numbers allocated to subscribers, in respect of particular lines, who have notified [F2the Commissioner or, prior to 30thDecember 2016, OFCOM] (notwithstanding, in the case of individual subscribers, that they enjoy the benefit of regulation 20(1)(a) and (2)) that they do not for the time being wish to receive unsolicited communications for direct marketing purposes by means of facsimile machine on the lines in question.

(2) [F1The Commissioner] shall remove a number from the register maintained under paragraph (1) where [F3the Commissioner has] reason to believe that it has ceased to be allocated to the subscriber by whom [F4the Commissioner was or, prior to 30th December 2016, OFCOM were] notified pursuant to paragraph (1).

(3) On the request of—

(a)a person wishing to send, or instigate the sending of, such communications as are mentioned in paragraph (1), or

(b)a subscriber wishing to permit the use of his line for the sending of such communications,

for information derived from the register kept under paragraph (1), [F1the Commissioner] shall, unless it is not reasonably practicable so to do, on the payment to [F5the Commissioner] of such fee as is, subject to paragraph (4), required by [F5the Commissioner], make the information requested available to that person or that subscriber.

(4) For the purposes of paragraph (3) [F1the Commissioner] may require different fees—

(a)for making available information derived from the register in different forms or manners, or

(b)for making available information derived from the whole or from different parts of the register,

but the fees required by [F5the Commissioner] shall be ones in relation to which the Secretary of State has notified [F1the Commissioner] that he is satisfied that they are designed to secure, as nearly as may be and taking one year with another, that the aggregate fees received, or reasonably expected to be received, equal the costs incurred, or reasonably expected to be incurred, by [F1the Commissioner] in discharging [F6the Commissioner’s] duties under paragraphs (1), (2) and (3).

(5) The functions of [F1the Commissioner] under paragraphs (1), (2) and (3), other than the function of determining the fees to be required for the purposes of paragraph (3), may be discharged on [F6the Commissioner’s] behalf by some other person in pursuance of arrangements made by [F1the Commissioner] with that other person.

Textual Amendments