Schedule 17: Video sharing platform services: transitional provision etc Other powers to amend Act Section 218: Power to amend section 40
This section gives the Secretary of State the power to amend the list of fraudulent offences in section 40 in relation to the duties about fraudulent advertising. This power is subject to some constraints.
	Subsection (2) lists the criteria any further offence must meet before the Secretary of State may include it in the list of fraudulent offences in section 40. Subsection (3) further limits the Secretary of State’s power to include new fraud offences, listing types of offences which may not be added to section 40. This is to avoid regulatory duplication.