PART 14Advertising

CHAPTER 3Monitoring of Advertising

Complaints to Ministers

Complaints to Ministers: duty to consider309

1

This regulation applies if a person makes a complaint to the Ministers that an advertisement that has been published, or that is proposed to be published, is incompatible with the prohibitions imposed by Chapter 2.

2

Subject to the following provisions of this regulation and to regulation 310, the Ministers must consider the complaint unless it appears to the Ministers to be frivolous or vexatious.

3

The Ministers are not under any duty to consider a complaint if either OFCOM or a body that appears to the Ministers to be a self-regulatory body that deals with complaints about advertisements of the type in question is already dealing with the same complaint.

4

If the Ministers have served a notice in respect of the advertisement under regulation 305 (whether or not they have taken action in respect of it under regulation 306) they—

a

may consider the complaint; but

b

are not under any duty to do so.

5

If the complaint is one that OFCOM would be under a duty to consider if it had been made to OFCOM (see regulation 314) the Ministers must—

a

investigate the complaint; or

b

seek the agreement of the complainant to the complaint being referred to OFCOM.

6

If, within a reasonable time of being approached by the Ministers, the complainant agrees to the complaint being referred to OFCOM the Ministers must refer the complaint to OFCOM.

7

If, within a reasonable time of being approached by the Ministers, the complainant does not agree to the referral of the complaint, the Ministers must consider the complaint.

8

The Ministers must also consider the complaint if, having referred it to OFCOM, OFCOM

a

decides not to consider the complaint because it appears to OFCOM to be frivolous or vexatious; or

b

fails to deal adequately with the complaint within a reasonable time of the referral being made.