Part 1 Programme Services: Watershed
Health and Care Act 2022 (2022 c 31) | Legislation

SCHEDULE 18 Advertising of Less Healthy Food and Drink

Section 172

Part 1 Programme Services: Watershed

Television programme services

1

After section 321 of the Communications Act 2003 insert—

“321A Objectives for advertisements: less healthy food and drink

(1)     OFCOM must set standards by virtue of section 321(1)(b) prohibiting television programme services provided between 5.30 am and 9.00 pm from including advertisements for an identifiable less healthy food or drink product, except as provided for by subsection (3).

(2)     OFCOM must ensure that the prohibition provided for by the first standards set by virtue of subsection (1) takes effect from the beginning of 1 January 2023.

(3)     Standards set by virtue of subsection (1) must exempt from the prohibition imposed by them—

(a)     advertisements included in television programme services as a result of arrangements made by or on behalf of a person who is, at the time when the arrangements are made, a food or drink SME;

(b)     advertisements prescribed in any regulations made by the Secretary of State under this paragraph.

(4)     For the purposes of this section—

(a)     “advertisements†includes advertisements under a sponsorship agreement and anything else which, under a sponsorship agreement, is included in

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