PART 3Exceptions to the advertising offence

Exceptions for charities7

1

Section 13(1) of the Act (advertising offence) does not apply to Games location advertising6 carried out by a charity wholly or partly for the purpose of—

a

promoting that charity; or

b

promoting a service listed in paragraph (3).

2

The exception in paragraph (1) does not apply to anything done by a charity partly for the purpose of—

a

promoting a product; or

b

promoting a business, other than a charity.

3

The services listed in this paragraph are—

a

the prevention or relief of poverty;

b

the advancement of health or the saving of lives;

c

the advancement of human rights, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity;

d

the relief of those in need because of youth, age, ill-health, disability, financial hardship or other disadvantage;

e

the promotion of the efficiency of the police, fire and rescue services or ambulance services.

4

In this regulation—

  • “charity” has the meaning given to it in section 1 of the Charities Act 20117, but does not include relevant higher education providers;

  • “relevant higher education provider” means an institution which is registered in the register of English higher education providers maintained by the Office for Students8 under section 3 of the Higher Education and Research Act 2017 (register of English higher education providers)9, but does not include an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992 (interpretation of Education Acts)10.