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

3.—(1) This article applies to a complaint concerning any advertisement included before the transfer date in any programme or teletext transmission broadcast by the IBA or in any licensed service where that complaint either—

(a) is made on or after that date, or

(b) was made under regulation 8 or 10 of the Control of Misleading Advertisements Regulations 1988(1), as they have effect without the amendments made by paragraph 51 of Schedule 20 to the 1990 Act, before that date, but has not been disposed of.

(2) Subject to paragraph (3) below, regulations 2 and 8 to 11 of the Control of Misleading Advertisements Regulations 1988, as they have effect as amended by paragraph 51 of Schedule 20 to the 1990 Act (but subject to sub-paragraph (a)(i) below), shall have effect in relation to a complaint to which this article applies as if—

(a) in regulation 2(1)—

(i) the amendments made by paragraphs (a) and (c) of paragraph 51(1) of Schedule 20 to the 1990 Act did not have effect;

(ii) after the definition of “Director” there were inserted—

““the Fourth Channel in Wales” means the Fourth Channel (which expression is to be construed in accordance with section 10(2) of the Broadcasting Act 1981(2)) so far as it consists of programmes broadcast for reception in Wales;” and

(iii) before the definition of “the Welsh Authority” there were inserted—

““the transfer date” means the day appointed under section 127(1) of the Broadcasting Act 1990; and”;

(b) in regulation 8(1) for the words “or proposed to be included in a licensed service”, there were substituted “in any programme or teletext transmission broadcast by the IBA other than on the Fourth Channel in Wales or in a licensed service before the transfer date”;

(c) regulation 8(2) were omitted;

(d) in regulation 9(1) for the words from “exercise” onwards, there were substituted “refuse to broadcast the advertisement”;

(e) in regulation 10(1) for the words “or proposed to be broadcast on S4C”, there were substituted “in any television programme broadcast on the Fourth Channel in Wales before the transfer date”; and

(f) regulation 10(2) were omitted.

(3) In relation to a complaint to which this article applies by virtue of sub-paragraph (b) of paragraph (1) above—

(a) the IBA shall, as soon as practicable, forward to the ITC any such complaint in relation to an advertisement included in—

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

(ii) a teletext transmission;

(b) the IBA shall, as soon as practicable, forward to the Welsh Authority any such complaint in relation to an advertisement included in a television programme broadcast on the Fourth Channel in Wales;

(c) the IBA shall, as soon as practicable, forward to the Radio Authority any such complaint in relation to an advertisement included in a sound programme; and

(d) the Cable Authority shall, as soon as practicable, forward to the ITC any such complaint in relation to an advertisement included in a licensed service (within the meaning of regulation 2(1) of the Control of Misleading Advertisements Regulations 1988 as it has effect without the amendment made by paragraph 51(1)(c) of Schedule 20 to the 1990 Act);

and anything done under the Control of Misleading Advertisements Regulations 1988(as they have effect without the amendments made by paragraph 51 of Schedule 20 to the 1990 Act) by the IBA or the Cable Authority, as the case may be, may be deemed to be done by the body to whom the complaint is forwarded under this paragraph, if that body thinks fit.

(4) There shall be forwarded with a complaint that is forwarded under paragraph (3) above, a record of the action taken by the IBA or Cable Authority, as the case may be, together with any relevant documents in the Authority’s possession.

(1)

S.I. 1988/915.

(2)

1981 c. 68.