Part 6: Miscellaneous Food and Drink Schedule 18: Advertising of less healthy food and drink Part 1: Programme services: Watershed Paragraph 2: On-demand programme services
Paragraph 2 inserts a new section 368FA in the Communications Act 2003.
	Subsection (1) of new section 368FA, from the beginning of 1 January 2023, introduces a restriction on the advertising of less healthy food and drink on on-demand programme services between 5.30 a.m. and 9 p.m. Subsection (6) gives the Secretary of State the power to amend the date in subsection (1) to a later date.
	Subsection (2) states that the prohibition will not apply to advertisements by food or drink SMEs.
	Subsection (3) provides that further exemptions to the prohibition may be made by regulations by the Secretary of State.
	Subsection (4) confirms that "advertisements" include those under sponsorship agreement and, for the purpose of these restrictions, sponsorship announcements. Products are "identifiable" if a person could reasonably be expected to identify the advertisements as being for that product. Products are determined to be "less healthy" via a two stage approach. 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 Guidance2", will need to be applied. Subsection (7) states 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) or amend the meaning of "relevant guidance" under subsection (7), they are under a duty to consult. Subsection (8) confirms that any changes made to the definition of "relevant guidance" in regulations must be subject to the draft affirmative procedure.