Communications Act 2003 (Amendment of the Medicines (Monitoring of Advertising) Regulations 1994) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/3093

2003 No. 3093

BROADCASTING

Communications Act 2003 (Amendment of the Medicines (Monitoring of Advertising) Regulations 1994) Order 2003

Made 29th November 2003

Laid before Parliament 5th December 2003

Coming into force 29th December 2003

The Secretary of State, acting in exercise of the powers conferred on him by section 406(4) of the Communications Act 20031, hereby makes the following Order—

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Communications Act 2003 (Amendment of the Medicines (Monitoring of Advertising) Regulations 1994) Order 2003 and shall come into force on 29th December 2003.

(2) In this Order “the principal Regulations” means the Medicines (Monitoring of Advertising) Regulations 19942.

S-2 Amendment of regulation 2(1) of the principal Regulations

Amendment of regulation 2(1) of the principal Regulations

2. Regulation 2(1) of the principal Regulations (interpretation) shall be amended as follows—

(a) the following definitions are to be inserted at the appropriate alphabetical place—

“(i)

“(i) “the 2003 Act” means the Communications Act 2003;”,

“(ii)

“(ii) “licensed service” means a service in respect of which OFCOM have granted a licence under Parts I or III of the 1990 Act;”,

“(iii)

“(iii) “OFCOM” means the Office of Communications established by section 1(1) of the Office of Communications Act 20023;”,

“(iv)

“(iv) “S4C” means the television broadcasting service known as Sianel Pedwar Cymru provided by the Welsh Authority pursuant to section 204(2) and (3) of the 2003 Act;”; and

(b) the following definitions are to be omitted—

(i) “the Commission”,

(ii) “complaints authority”, and

(iii) “Radio Authority”.

S-3 Amendment of regulation 4 of the principal Regulations

Amendment of regulation 4 of the principal Regulations

3. Regulation 4(1) of the principal Regulations (complaints about advertisements) shall be amended as follows—

(a) for “a complaints authority” there shall be substituted “OFCOM”; and

(b) “or 10(1)” shall be omitted.

S-4 Amendment of regulation 5 of the principal Regulations

Amendment of regulation 5 of the principal Regulations

4. Regulation 5(1) of the principal Regulations (complaints about certain advertisements) shall be amended as follows—

(a) for “a complaints authority” there shall be substituted “OFCOM”; and

(b) “or 10(1)” shall be omitted.

S-5 Amendment of regulation 9 of the principal Regulations

Amendment of regulation 9 of the principal Regulations

5. For regulation 9 of the principal Regulations (complaints to the Commission and Radio Authority about certain broadcast advertisements) there shall be substituted—

S-9

9.—(1) OFCOM shall consider any complaint made to them that any advertisement included or proposed to be included in a licensed service or S4C may be in breach of any provision of regulation 9 of the Advertising Regulations, unless the complaint appears to them...

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