The Broadcasting Complaints Commission and Control of Misleading Advertisements (Transitional Provisions) Order 1990

Explanatory Note

(This note is not part of the Order)

This Order makes provision with respect to complaints to the Broadcasting Complaints Commission about programmes broadcast by the Independent Broadcasting Authority (“the IBA”) before the transfer date and not disposed of by that date (article 2).

This Order also makes provision with respect to complaints under the Control of Misleading Advertisements Regulations 1988 concerning advertisements included before the transfer date in any programme or teletext transmission broadcast by the IBA before that date or in any service licensed by the Cable Authority and the complaint has not been disposed of by that date (article 3).

“The transfer date” means the day appointed under section 127(1) of the Broadcasting Act 1990 (“the 1990 Act”). 1st January 1991 has been so appointed by the Broadcasting (Transfer Date and Nominated Company) Order 1990 (S.I. 1990/2540).

Article 2(2) of this Order adapts Part V of the 1990 Act (which Part comes into force on 1st January 1991 under article 3 of, and Schedule 2 to, the Broadcasting Act 1990 (Commencement No. 1 and Transitional Provisions) Order 1990 (S.I. 1990/2347) for the purposes of complaints which fall within article 2(1) (and are described in general terms in the first paragraph of this note). In particular, article 2(2)(b) treats the programme about which the complaint is made as being broadcast by one of the bodies therein set out in place of the IBA (whose broadcasting functions are replaced as from the transfer date under Schedule 11 to the 1990 Act).

Article 3(2) of this Order adapts the Control of Misleading Advertisements Regulations 1988, as they have effect as amended by paragraph 51 of Schedule 20 to the 1990 Act (which amendments come into force on 1st January 1991 under the commencement order referred to above), for the purposes of complaints which fall within article 3(1) (and are described in general terms in the second paragraph of this note). Paragraphs (3) and (4) of article 3 provide for the transfer of such complaints from the IBA and the Cable Authority (whose licensing functions cease as from the transfer date under Schedule 12 to the 1990 Act) to the new bodies referred to in article 3(3).