The Control of Misleading Advertisements (Amendment) Regulations 2003

4.—(1) Regulation 9 (control by the Commission and the Radio Authority of misleading advertisements and comparative advertisements) is amended as follows.

(2) For paragraph (1) there is substituted—

“9.— (1) If, having considered a complaint about an advertisement pursuant to regulation 8(1) above, they consider that the advertisement is misleading, or is a comparative advertisement and is not permitted under regulation 4A, OFCOM may, if they think it appropriate to do so, exercise in relation to the advertisement any power conferred on them by virtue of a condition included in a licence in accordance with section 325(4) of the Communications Act 2003.”

(3) In paragraph (2)—

(a) for “A relevant body may” there is substituted “OFCOM may”;

(b) for “appearing to it” there is substituted “appearing to them”;

(c) for “the body believes” there is substituted “OFCOM believe”;

(d) for “to furnish it” there is substituted “to furnish them”; and

(e) for “the body shall have regard” there is substituted “OFCOM shall have regard”.

(4) In paragraph (3)—

(a) for “furnished to it following a requirement made by it” there is substituted “furnished to them following a requirement made by them”;

(b) for “by the relevant body” there is substituted “by OFCOM”;

(c) for “if it considers” there is substituted “if they consider”; and

(d) for “a relevant body may” there is substituted “OFCOM may”.

(5) For the cross-heading there is substituted “Control by OFCOM of misleading advertisements and comparative advertising”.