PART 4C

Online advertising of less healthy food and drink

Advertising of less healthy food and drink

Enforcement
368Z15
1
Where the appropriate regulatory authority determine that a person is contravening or has contravened section 368Z14 they may do one or both of the following—
a
give the person an enforcement notification;
b
impose a financial penalty on the person in accordance with section 368Z16.
2
The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless—
a
there are reasonable grounds for believing that a contravention of section 368Z14 is occurring or has occurred, and
b
they have allowed the person an opportunity to make representations about that apparent contravention.
3
An enforcement notification is a notification which—
a
specifies the determination made as mentioned in subsection (1),
b
imposes requirements on the person to take such steps for complying with section 368Z14 and for remedying the consequences of the contravention as may be specified in the notification,
c
fixes a reasonable period for the taking of those steps, and
d
sets out the reasons for the appropriate regulatory authority’s decision to give the enforcement notification.
4
The requirements specified in an enforcement notification may include requirements to do one or more of the following—
a
instruct or request specified persons to remove specified advertisements from the internet;
b
arrange for specified advertisements to be modified in specified ways.
5
A person to whom an enforcement notification is given must comply with it.
6
The duty under subsection (5) is enforceable in civil proceedings by the appropriate regulatory authority—
a
for an injunction,
b
for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or
c
for any other appropriate remedy or relief.
7
If a person to whom an enforcement notification has been given does not comply with it, the appropriate regulatory authority may impose a financial penalty on that person in accordance with section 368Z16.
Pt. 4C inserted (28.6.2022) by Health and Care Act 2022 (c. 31), s. 186(4), Sch. 18 para. 3