4The Communications Act 2003 is amended as follows.
5In section 368C (on-demand programme services: duties of the appropriate regulatory authority), after subsection (5) insert—
“(6)The appropriate regulatory authority must draw up and, from time to time, review and revise, guidance setting out their intentions concerning the exercise of their functions under this Part in relation to the prohibition imposed by section 368FA (advertising: less healthy food and drink).
(7)The appropriate regulatory authority must consult the Secretary of State before drawing up or revising guidance under subsection (6).”
6In section 402(2) (instruments subject to negative procedure) —
(a)in paragraph (a) omit “or regulations under section 368BC”;
(b)after paragraph (a) insert—
“(aza)regulations under—
(i)section 321A(7) (see subsection (9) of that section),
(ii)section 368BC (see subsection (7) of that section),
(iii)section 368FA(7) (see subsection (9) of that section),
(iv)section 368Z14(8) (see subsection (10) of that section), or