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.