PART 11Supplementary and general
Other powers to amend Act
I1I2218Power to amend section 40
1
The Secretary of State may by regulations amend section 40 (fraud etc offences).
But the power to add an offence to that section is limited by subsections (2) and (3).
2
An offence may be added to section 40 only if the Secretary of State considers it appropriate to do so because of—
a
the prevalence on Category 1 services of content (other than regulated user-generated content) consisting of paid-for advertisements that amount to that offence, or the prevalence in or via search results of Category 2A services of paid-for advertisements that amount to that offence,
b
the risk of harm to individuals in the United Kingdom presented by such advertisements, and
c
the severity of that harm.
3
An offence may not be added to section 40 if—
a
the offence concerns—
i
the infringement of intellectual property rights,
ii
the safety or quality of goods (as opposed to what kind of goods they are), or
iii
the performance of a service by a person not qualified to perform it; or
b
it is an offence under the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277).
4
In this section—
a
“regulated user-generated content” has the same meaning as in Part 3 (see section 55);
b
the words “in or via search results” are to be construed in accordance with section 39;
c
references to advertisements that amount to an offence are to be construed in accordance with section 59 (see subsections (3), (11) and (12) of that section).