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The Control of Misleading Advertisements (Amendment) Regulations 2003

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Explanatory Note

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These Regulations amend the Control of Misleading Advertisements Regulations 1988 (“the 1988 Regulations”) to reflect provisions in the Communications Act 2003 (“the 2003 Act”) and the Broadcasting Act 1996 (“the 1996 Act”). The 1988 Regulations implement Council Directive 84/450/EEC (OJ No. L 250 19.9.1984, p. 17) concerning misleading and comparative advertising, as amended by Directive 97/55/EC of the European Parliament and the Council (OJ No. L 290, 23.10.97, p.18).

The 2003 Act provides, amongst other things, that OFCOM is to take over the regulatory functions of the Independent Television Commission and the Radio Authority. Furthermore, it confers powers on OFCOM to regulate advertising standards in relation to the Welsh Authority (which was previously self-regulatory in relation to advertising). The 1996 Act makes provision, amongst other things, for broadcasting in digital form and for the licensing of services associated with such broadcasting.

The amendments to the definition of “licensed service” (so that services licensed under the 1996 Act are now included) and to regulations 8 to 11 of the 1988 Regulations reflect the above changes and there are some further minor consequential amendments.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

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