Broadcasting Act 1990

Power to make provision with respect to complaints under the Control of Misleading Advertisements Regulations 1988 U.K.

3 (1) The Secretary of State may by order make such transitional provision as he considers appropriate in connection with— U.K.

(a) the making, on or after the transfer date, of complaints to the relevant authority concerning advertisements included before that date in any programme or teletext transmission broadcast by the IBA or in any licensed service; and

(b) the performance by each of the relevant authorities, on or after that date, of functions under the M1 Control of Misleading Advertisements Regulations 1988 in relation to complaints concerning such advertisements (whether made before that date or by virtue of paragraph (a)).

(2) In sub-paragraph (1) “the relevant authority”—

(a) in relation to an advertisement included in—

(i) a television programme, other than one broadcast on the Fourth Channel in Wales,

(ii) a teletext transmission, or

(iii) a licensed service,

means the Independent Television Commission;

(b) in relation to an advertisement included in a television programme broadcast on the Fourth Channel in Wales, means the Welsh Authority; and

(c) in relation to an advertisement included in a sound programme, means the Radio Authority.

(3) In this paragraph—

(a) “the transfer date” means the day appointed under section 127(1) of this Act,

(b) “the Fourth Channel in Wales” has the same meaning as in Part II of the Broadcasting Act 1981, and

(c) “the IBA” means the Independent Broadcasting Authority;

and expressions used in this paragraph which are also used in the Control of Misleading Advertisements Regulations 1988 (as they have effect without the amendments made by paragraph 51 of Schedule 20 to this Act) have the same meaning as in those Regulations.

Marginal Citations

M1 S.I. 1988/915.