APPENDIX 2: LEGISLATION AFFECTING BROADCAST ADVERTISING

This list of statutes and regulations affecting advertising and promotions relates to England and Wales and is not exhaustive; a considerable amount of legislation is always in the pipeline and cannot therefore be included. Many of these statutes are also applicable to Scotland and Northern Ireland, which have their own additional legislation. Also, in some instances, EC Regulations and Directives are relevant.  Businesses have primary responsibility for ensuring that everything they do is legal.  The law on matters such as contract, negligence, libel and intellectual property should also be observed.

Accommodation Agencies Act 1953 s.1

Administration of Justice Act 1985 s.9-10 and Solicitors Practice Rules 1990 and Publicity Code 1990

Adoption Act 1976 s.58

Agriculture and Horticulture Act 1964 s.14

Agriculture (Safety, Health and Welfare Provisions) Act 1956

Alcoholic Liquor Duties Act 1979 (as amended) s.71

Animals (Scientific Procedures) Act 1986 s.16

Anti-Social Behaviour Act 2003 s.43-53

Architects Act 1997 s.20

Banking Act 1987 (Advertisements) Regulations (1988) (as amended)

Betting and Gaming Duties Act 1981 (as amended)

Betting Gaming and Lotteries Act 1963 (as amended) s.10 & 22

Biocidal Product Regulations 2001 s.30-33

Bread and Flour Regulations 1998 (as amended)

Broadcasting Act 1990 s.8-9, 60 & 92-93

Broadcasting Act 1996 s.14, 31 & 56 

Building Societies Act 1986 (as amended) s.35

Business Advertisements (Disclosure) Order 1977

Business Names Act 1985

Cancer Act 1939 s.4

Care Standards Act 2000 s.26

Charitable Institutions (Fund Raising) Regulations 1994

Charities Act 1992 Part II (as amended) 

Charities Act 1993 s.5 and s.67-68

Chemicals (Hazard Information and Packaging for Supply) Regulations 1994

Children Act 1989

Children and Young Persons (Harmful Publications) Act 1955 s.1

Children and Young Persons Acts 1933 s.7 and 1963

Children (Performances) Regulations 1968

Civil Aviation Act 1982 s.82

Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995 (as amended)

Civil Aviation (Ariel Advertising) Regulations 1995

Cocoa and Chocolate Products Regulations 1976 (as amended)

Coffee Extracts and Chicory Extracts (England) Regulations 2000

Communications Act 2003 s.1-6 & s.319-334

Companies Act 1985 s.349 & 351

Competition Act 1998

Condensed Milk and Dried Milk Regulations 1977 (as amended)

Conduct of Employment Agencies and Employment Businesses Regulations 2003

Consumer Credit Act 1974 s.43-50 & s.151

Consumer Credit (Advertisements) Regulations 2004

Consumer Credit (Exempt Advertisements) Order 1985

Consumer Protection Act 1987 s.10-12 and 20 and the Code of Practice for Traders on Price Indications

Consumer Protection (Cancellation of Contracts concluded away from Business Premises) Regulations 1987

Consumer Protection (Distance Selling) Regulations 2000

Consumer Transactions (Restrictions on Statements) Order 1976 (as amended)

Control of Misleading Advertisements Regulations 1988 (as amended)

Control of Pesticides Regulations 1986 (as amended)

Copyright and Rights in Databases Regulations 1997

Copyright Designs and Patents Act 1988 (as amended)

Cosmetic Products (Safety) Regulations 1996 (as amended)

Credit Institutions (Protection of Depositors) Regulations 1995

Credit Unions Act 1979 (as amended) s.3

Crime and Disorder Act 1998 s.1

Criminal Damage Act 1971 s.1

Criminal Justice Act 1988 s.141A

Criminal Justice and Police Act 2001 s.46

Crossbows Act 1987

Dangerous Dogs Act 1991 s.1

Data Protection Act 1998

Data Protection (Conditions under Paragraph 3 of Part II of Schedule I) Order 2000

Defamation Act 1952

Defamation Act 1996

Dentists Act 1984 s.26 & 41-42

Deregulation (Betting and Bingo Advertising etc.) Order 1997

Deregulation (Casinos) Order 1999

Disability Discrimination Act 1995 s.11 & 22

Education Reform Act 1988 s.214

Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (as amended)

Electronic Commerce (EC Directive) Regulations 2002

Employment Agencies Act 1973 s.5

Employment Equality (Religion or Belief) Regulations 2003 (as amended)

Employment Equality (Sexual Orientation) Regulations 2003 (as amended)

Endangered Species (Import and Export) Act 1976 (as amended) s.4 

Energy Act 1976 s.15

Enterprise Act 2002 Part 8

Enterprise Act 2002 (Community Infringements specified UK Laws) Order 2003

Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003

Enterprise Act 2002 (Part 8 Designated Enforcers: Criteria for Designation ….) Order 2003

Environmental Protection Act 1990 s.87

Estate Agents Act 1979 s.10

European Communities Act 1972

Fair Trading Act 1973 (as amended) Part XI

Feeding Stuffs Regulations 2000

Finance Act 1993 s.29 & 33

Financial Services and Markets Act 2000 s. 21-25, 145 & 238-240, 397 

Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

Financial Services (Distance Marketing) Regulations 2004 

Firearms Act 1968 (as amended) s.3

Fireworks (Safety) Regulations 1997

Flavourings in Food Regulations 1992

Food Labelling Regulations 1996 (as amended) 

Food Safety Act 1990 (as amended) s.8, 15 & Schedule 1 and Regulations

Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

Food Standards Act 1999

Forgery and Counterfeiting Act 1981

Fraudulent Mediums Act 1951

Friendly Societies Acts 1974 and 1992

Fruit Juices and Fruit Nectars Regulations 1977 (as amended)

Gaming Act 1968 (as amended) s.42

General Optical Council (Rules on Publicity) Order of Council 1985

General Optical Council (Contact Lenses) (Qualifications etc) Rules Order of Council 1988

General Product Safety Regulations 1994

Geneva Conventions Act 1957 (as amended) s.6

Hallmarking Act 1973

Health and Medicines Act 1988 s.23

Hearing Aid Council Act 1968 (as amended)

Highways Act 1980 s.132

HIV Testing Kits and Services Regulations 1992

Honey Regulations 1976

Human Organ Transplant Act 1989

Human Rights Act 1998

Immigration and Asylum Act 1999 s.92B

Income and Corporation Taxes Act 1988 s.577

Indecent Displays (Control) Act 1981 s.1

Industrial and Provident Societies Act 1965

Infant Formula and Follow-on Formula Regulations 1995 (as amended)

Insolvency Act 1986 s.137, 216 & 296-297 and Insolvency Rules 4. 226-300

Jam and Similar Products Regulations 1981

Knives Act 1997

Licensing Betting Offices Regulations 1986 (as amended)

Licensing Act 1964 (as amended) s.168

Local Government Act 1992 s.107

Local Government (Miscellaneous Provisions) Act 1982

London Cab Act 1968 s.4

London County Council (General Powers) Act 1938

London County Council (General Powers) Act 1954 s.20

London Local Authorities Act 1994 s.4

London Local Authorities Act 1995 Part III

Lotteries and Amusements Act 1976 and amendments

Malicious Communications Act 1988

Marine etc. Broadcasting (Offences) Act 1967

Meat Products and Spreadable Fish Products Regulations 1984 (as amended)

Medical Act 1983 s.49

Medicines Act 1968 s.85-97

Medicines (Advertising) Regulations 1994 (as amended)

Medicines for Human Use (Marketing Authorisations) Regulations 1994

Medicines (Labelling and Advertising to the Public) Regulations 1978

Medicines (Monitoring of Advertising) Regulations 1994 (as amended)

Metropolitan Police Act 1839 s.54

Metropolitan Streets Act 1867 s.9

Milk and Milk Products (Protection of Designations) Regulations 1990

Misrepresentation Act 1967

Mock Auctions Act 1961 s.1

Motor Cars (Driving Instruction) Regulations 1989 (as amended)

National Lottery etc Act 1993 (as amended)

National Lottery Regulations 1994

Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999

Newspapers, Printers and Reading Room Repeal Act 1869, Schedule 2

Nightwear (Safety) Regulations 1985 (as amended)

Noise and Statutory Nuisance Act 1993 s.2 & Schedule 2

Nurses Agencies Act 1957

Nurses Midwives and Health Visitors Act 1997

Obscene Publications Act 1959 (as amended)

Office of Communications Act 2002

Olympic Symbol etc (Protection) Act 1995

Opticians Act 1989 s.31 and Regulations 

Organic Products Regulations 2001

Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended)

Passenger Car Fuel Consumption Order 1983 (as amended)

Pensions Schemes Act 1993 s.117

Personal Pension Schemes (Advertisements) Regulations 1990 (as amended)

Plant Varieties Act 1997

Political Parties, Elections and Referendums Act 2000

Postal Services Act 2000 s.86

Prevention of Corruption Acts 1889-1916

Price Indications (Bureau de Change) (No 2) Regulations 1992

Price Indications (Method of Payment) Regulations 1991

Price Indications (Resale of Tickets) Regulations 1994

Price Marking (Food and Drink on Premises) Order 2003

Price Marking Order 2004

Private Hire Vehicles (London) Act 1998

Property Misdescriptions Act 1991

Protection of Animals Act 1911 (as amended)

Protection of Children Act 1978 s.1

Protection of Children (Tobacco) Act 1986

Public Order Act 1986 s.5 and s.19

Pyramid Selling Schemes Regulations 1989 (as amended)

Race Relations Act 1976 s.29

Registered Designs Act 1949 as amended s.7 & 26

Registered Designs Regulations 2001

Rent Act 1977 s.119-128

Representation of the People Act 1983 s.75, 106, 109-110 & 115

Representation of the People (England and Wales) (Amendment) Regulations 2002

Representation of the People (Form of Canvass) (England and Wales) Regulations 2004

Restriction of Offensive Weapons Act 1959 (as amended) s.1

Restriction on Agreements (Estate Agents) Order 1970

Road Traffic Act 1988 s.135

Road Traffic Regulation Act 1984 s.35

Sale and Supply of Goods to Consumers Regulations 2002

Sale of Goods Act 1979 (as amended) s.14

Seeds (National List of Varieties) Regulations 2001

Sex Discrimination Act 1975 as amended s.38

Solicitors Act 1974 s.21

Specified Sugar Products Regulations 1976 (as amended)

Spreadable Fats (Marketing Standards) (England) Regulations 1999

Sunday Entertainments Act 1932

Sunday Observance Act 1780

Sunday Theatre Act 1972 s.1

Sunday Trading Act 1994

Supply of Extended Warranties on Domestic Electrical Goods Order 2005

Supply of Goods and Services Act 1982 (as amended) s.4, 9 & 11

Supply of New Cars Order 2002 s.3

Surrogacy Arrangements Act 1985 s.3

Tattooing of Minors Act 1969

Telecommunications Act 1984 s. 86-87

Telecommunication Apparatus (Advertisements) Order 1985 (as amended)

Telecommunications (Data Protection and Privacy) Regulations 1999

Terrorism Act 2000 s.12 & 15

Textile Products (Indications of Fibre Content) Regulations 1986

Theft Acts 1968 and 1978

Timeshare Act 1992

Timeshare Regulations 1997

Tobacco Advertising and Promotion Act 2002

Tobacco Advertising and Promotion (Brandsharing) Regulations 2004

Tobacco Advertising and Promotion (Point of Sale) Regulations 2004

Tobacco Products Regulations 2001

Town and Country Planning Act 1990 as amended s.220-224

Town and Country Planning Act (Control of Advertisements) Regulations 1992 (as amended)

Trade Descriptions Act 1968 

Trade Descriptions (Sealskin Goods) (Information) Order 1980

Trade Marks Act 1994 s.9-11

Trade Union and Labour Relations (Consolidation) Act 1992 s.137

Trading Schemes Act 1996

Trading Schemes Regulations 1997

Trading Stamps Act 1964

Unfair Contract Terms Act 1977

Unfair Terms in Consumer Contracts Regulations 1994

Unsolicited Goods and Services Act 1971 as amended s.4

Unsolicited Goods and Services Act 1971 (Electronic Communications) Order 2001

Veterinary Surgeons Act 1966 s.19-20

Video Recording Act 1984

Weights and Measures Act 1985

Wildlife and Countryside Act 1981 s.6

Wireless Telegraphy Act 1949