PART 4C

Online advertising of less healthy food and drink

Advertising of less healthy food and drink

The appropriate regulatory authority
368Z19
1
OFCOM may designate any body corporate to be, to the extent provided by the designation, the appropriate regulatory authority for the purposes of any provision of this Part, subject to subsection (9).
2
To the extent that no body is designated for a purpose, OFCOM is the appropriate regulatory authority for that purpose.
3
Where a body is designated for a purpose, OFCOM may act as the appropriate regulatory authority for that purpose concurrently with or in place of that body.
4
OFCOM may provide a designated body with assistance (including financial assistance) in connection with any of the functions of the body under this Part.
5
A designation may in particular—
a
provide for a body to be the appropriate regulatory authority in relation to advertisements of a specified description;
b
provide that a function of the appropriate regulatory authority is exercisable by the designated body—
i
to such extent as may be specified;
ii
either generally or in such circumstances as may be specified;
iii
either unconditionally or subject to such conditions as may be specified.
6
The conditions that may be specified pursuant to subsection (5)(b)(iii) include a condition to the effect that a function may, generally or in specified circumstances, be exercised by the body only with the agreement of OFCOM.
7
A designation has effect for such period as may be specified and may be revoked by OFCOM at any time.
8
OFCOM must publish any designation in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to be affected by it.
9
OFCOM may not designate a body unless, as respects that designation, they are satisfied that the body—
a
is a fit and proper body to be designated,
b
has consented to being designated,
c
has access to financial resources that are adequate to ensure the effective performance of its functions as the appropriate regulatory authority (taking into account any financial assistance that OFCOM intends to provide under subsection (4)),
d
is sufficiently independent of persons who carry on business that involves or is associated with the manufacture or sale of less healthy food or drink products, and
e
will, in performing any function to which the designation relates, have regard in all cases—
i
to the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed, and
ii
to such of the matters mentioned in section 3(4) as appear to the body to be relevant in the circumstances.
10
Subject to any enactment or rule of law restricting the disclosure or use of information by OFCOM or by a designated body—
a
a designated body may provide information to another designated body for use by that other body in connection with any of its functions as the appropriate regulatory authority;
b
a designated body may provide information to OFCOM for use by OFCOM in connection with any of their functions under this Part;
c
OFCOM may provide information to a designated body for use by that body in connection with any of its functions as the appropriate regulatory authority.
11
In carrying out their functions as the appropriate regulatory authority, a designated body may carry out, commission or support (financially or otherwise) research.
12
In this section—
- “
designation
” means a designation under this section and cognate expressions are to be construed accordingly;
- “
specified
” means specified in a designation.
Pt. 4C inserted (28.6.2022) by Health and Care Act 2022 (c. 31), s. 186(4), Sch. 18 para. 3