The Principal Act is amended by the substitution of the following section for section 46:

"46.

(1) If it appears to the Commission that a person is contravening or has contravened or, having contravened, may in the future contravene -

(a) section 45(1) or (2),

(b) Regulation 89 or 90 of the European Union (Electronic Communications Code) Regulations 2022, or

(c) section 13(1) of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010,

the Commission may apply to the High Court, by motion, for an order under subsection (7) restraining such contravention.

(2) The Commission may conduct an audit of -

(a) the billing system, switching system or contract change system of an undertaking, or

(b) the billing system of a premium rate service provider, prior to making an application to the High Court referred to in subsection (1).

(3) The High Court may hear the application under subsection (1) only if it is satisfied that a copy of the application has been served on the undertaking or premium rate service provider concerned. On being served with such a copy, that undertaking or provider becomes the respondent to the application.