The Medicines (Monitoring of Advertising) Regulations 1994

Control by a complaints authority of certain broadcast advertisements

11.—(1) If, having considered a complaint about an advertisement in accordance with regulation 9(1) or 10(1), a complaints authority considers that the advertisement in question is in breach of any provision of regulation 9 of the Advertising Regulations, a complaints authority may–

(a)in the case of the Commission, give directions under subsection (6) of section 9 of the 1990 Act for the purpose of preventing the publication or further publication of that advertisement, whether or not those directions are also for the purpose of securing that the provisions of the code referred to in that subsection are complied with,

(b)in the case of the Radio Authority, give directions under subsection (6) of section 93 of the 1990 Act for the purpose of preventing the publication or further publication of that advertisement, whether or not those directions are also for the purpose of securing that the provisions of the code referred to in that subsection are complied with,

(c)in the case of the Welsh Authority, refuse the publication or further publication of that advertisement.

(2) Directions referred to in paragraph (1)(a) or (b) may relate not only to a particular advertisement but to any advertisement in similar terms or likely to convey a similar impression.

(3) A complaints authority shall not refuse to exercise its powers under paragraph (1) for lack of evidence that–

(a)the publication or anticipated publication of the advertisement in question has given rise to loss or damage to any person, or

(b)the person responsible for the advertisement intended it to be in breach of any provision of regulation 9 of the Advertising Regulations, or failed to exercise proper care to prevent its being in breach of any part of that regulation.

(4) A complaints authority shall give reasons in detail for its decision under paragraph (1), and shall communicate those reasons in writing to the person against whom action has been taken under that paragraph, referring to any remedy available in the court and any time limit which must be met in order for any such remedy to be available.