Part 6: Miscellaneous Food and Drink Schedule 18: Advertising of less healthy food and drink Part 1: Programme services: Watershed Paragraph 1: Television programme services
Paragraph 1 of Schedule 18 inserts new section 321A into the Communications Act 2003.
	Subsection (1) of the new section 321A requires OFCOM to set standards to prohibit the advertising of identifiable less healthy food and drink products on television programmes between 5.30 a.m. and 9 p.m., and subsection (2) confirms this must take effect from the beginning of 1 January 2023. Subsection (6) gives the Secretary of State the power to amend the date in subsection (2) to a later date.
	Subsection (3) sets out that the prohibition must not apply to advertisements by food or drink small and medium sized enterprises ("SMEs"); and any advertisements exempted in any regulations made by the Secretary of State.
	Subsection (4)(a) confirms that "advertisements" include those under sponsorship agreement and, for the purpose of these restrictions, sponsorship credits around television programmes. Products are "identifiable" if a person could reasonably be expected to identify the advertisements as being for that product (subsection (4)(b)). Products are determined to be "less healthy" via a two stage approach (subsection (4)(c)). They first need to be included in one of the product categories that will be set out in regulations, then the "relevant guidance"- the "Nutrient Profiling Technical Guidance1" will need to be applied. Subsection (7) confirms that the Secretary of State may amend the definition of "relevant guidance" through regulations. Subsection (4)(e) also defines "food or drink SME" as meaning a small or medium enterprise as defined in regulations and subsection (5) allows that definition to include staff of another person.
	Subsection (8) states that before the Secretary of State can make any regulations for additional exemptions under subsection (3)(b) or amend the relevant guidance under subsection (7) they are under a duty to consult. Subsection (9) confirms that any changes made to the definition of "relevant guidance" in regulations must be subject to the draft affirmative procedure.