(1) A person shall neither transmit, nor instigate the transmission of, communications comprising recorded matter for direct marketing purposes by means of an automated calling or communication system except in the circumstances referred to in paragraph (2).

(2) Those circumstances are where -

(a) the called line is that of a subscriber who has previously notified the caller that for the time being he consents to such communications being sent by, or at the instigation of, the caller on that line; and

(b) the person transmitting, or instigating the transmission of, such communications -

(i) does not prevent presentation of the identity of the calling line on the called line; or

(ii) presents the identity of a line on which he can be contacted.

(3) A subscriber shall not permit his line to be used in contravention of paragraph (1).

(4) For the purposes of this regulation, an automated calling system is a system which is capable of -

(a) automatically initiating a sequence of calls to more than one destination in accordance with instructions stored in that system; and