AA response to the call for evidence of the Local Government & Communities Committee of the Scottish Parliament on the Glasgow Commonwealth Games Bill (20/12/07)
Makes recommendations to the Committee on how the Bill might be rendered clearer and more proportionate in respect of the restrictions on the physical location of advertising that it would introduce either directly or via secondary legislation. The response also sets out the concerns of the AA around the proposal of the Scottish Government to pursue an association right for the Glasgow Commonwealth Games under Section 104 of the Scotland Act 1998.
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AA response to the Better Regulation Executive’s consultative exercise Effective Consultation (05/10/07)
Argues that the scope of the Better Regulation Executive’s existing Code of Practice on Consultation be extended beyond Government Departments to cover all public bodies. The AA also sets out how Government Departments might improve their mechanisms for providing feedback following consultations as well as improving the quality of such responses in the interests of transparency.
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AA response to the consultation by the Scottish Executive on the draft Glasgow Commonwealth Games Bill (28/09/07)
Calls for a commitment from the Scottish Executive that it will not seek to gold-plate on any contractual terms it may enter into with the Commonwealth Games Federation when legislating in Holyrood in respect of the physical location of advertising around any specific venues or events that may be held in Glasgow in 2014. The AA also discourages the Scottish Executive from seeking the introduction of new intellectual property statute through the Westminster Parliament in respect of any Commonwealth Games that may be held in Glasgow in 2014.
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AA response to the Department for Business, Enterprise & Regulatory Reform consultation on the draft Consumer Protection from Unfair Trading Regulations 2007 and draft Business Protection from Misleading Marketing Regulations 2007 (21/08/07)
Opposes the adoption within the CPRs of the term “typical consumer” to describe three separate concepts within the Unfair Commercial Practices Directive and recommends that those Regulations contain a provision aimed at ensuring enforcement is co-ordinated. Proposes the addition of a provision to the BPRs aimed at ensuring enforcers consult with traders alleged to be in breach of those Regulations before any court proceedings against them may be opened.
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AA response to the Office of Fair Trading consultation on draft Guidance to accompany the Consumer Protection from Unfair Trading Regulations 2007 (20/08/07)
Calls for key and substantive improvements to be made to the OFT’s draft Guidance most notably in respect of the concept of “invitation to purchase” and stresses the importance of the Office publishing a document that accurately reflects that version of any Regulations (in terms of wording and structure) that eventually reach the statute books in late 2007.
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AA response to the Better Regulation Executive consultation on the draft Regulatory Enforcement and Sanctions Bill (14/08/07)
Supports the proposal of the BRE to place the existing home/lead authority principle onto a statutory footing (re-branding it as the Primary Authority Principle) and charging the new Local Better Regulation Office with responsibility for ensuring that partnerships created under it work effectively. The AA also welcomes the provision of relevant regulators with a range of civil alternatives to criminal sanctions in those enforcement scenarios where the legislation they presently enforce only provides for the latter.
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AA response to the Financial Services Authority consultation on reforming those previously deferred elements of its Conduct of Business regime that fall outside the scope of the Markets in Financial Instruments Directive (03/08/07)
Supports the proposals of the FSA for: applying MiFID provisions on client categorization to business outside the scope of the Directive; carrying forward existing exemptions for authorized professional firms when communicating financial promotions; and, introducing transitional provisions for non-MiFID financial promotions with long shelf-lives. The AA also endorses the decision to merge the chapters covering communicating with clients generally and financial promotions specifically into a single section.
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AA Response to the Gambling Commission Consultation Letter on “Free Draws: Definition of Payment to Enter in Relation to TV Quizzes” (09/05/07)
Notes the issues raised by the GC run considerably wider than the title of its consultation document would imply. The AA also calls on the GC to reflect on the Written Ministerial Statement of 4th April 2005 which established that e-mail should be regarded as a legitimate free entry route for the purposes of what is and what is not to be regarded as payment to enter in determining whether an arrangement is a lottery or a prize competition / free draw. In addition, the AA observers in this context that web access across the UK population ( according to various surveys) has increased significantly since April 2005.
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AA Response to the Gambling Commission consultation “Gambling advertisements and impact on responsible gambling” (16/03/07)
Sets out the advantages over compulsion of gambling operators being permitted to pursue a voluntary approach towards the inclusion of educational / signposting messages and display of licensed status in their advertising. The AA also observes that the provision of educational / signposting messages in advertising may reflect positively on brands, whilst displaying licensed status may build consumer confidence, thereby encouraging their inclusion in advertising on a voluntary basis.
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AA response to the Department of Health consultation on its proposed Code of Practice for promotion of NHS services (14/03/07)
Identifies those aspects of the proposed Code of Practice that essentially simply replicate existing provisions within the CAP and BCAP codes that the AA therefore considers the DH could safely delete without necessary protections being lost, thereby avoiding regulatory overlap and unnecessary duplication. The AA also opposes the inclusion of any guidance within the proposed rules that would have the effect (if account were taken of it) of discriminating between media.
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AA response to the Financial Services Authority consultation on implementing a more principles-based regime for those financial promotions not falling under the provisions of the Markets in Financial Instruments Directive (19/02/07)
Broadly supports the FSA's proposals for applying MiFID provisions on financial promotions to non-MiFID-scope business to maximise consistency (without imposing unacceptable new regulatory burdens), whilst requesting that the Authority incorporate transitional provisions within any new conduct of business sourcebook in respect of long shelf-life publications.
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AA response on Participation TV: How Should it be Regulated (05/02/07)
The Advertising Association (AA) has responded to Ofcom’s issues paper about the regulation of "participation TV" services. In its response, the AA points out that Ofcom’s suggestion to re-classify these services as advertising or teleshopping is not the best option for viewers and consumers and that Ofcom is better equipped than BCAP or the ASA to deal, under the existing Broadcasting Code, with the issues of harm and offence that may arise from viewers watching such channels.
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AA response to the DTI's consultation on framing and enforcing criminal sanctions in the Regulations implementing the Unfair Commercial Practices Directive (25/01/07)
Comments on the DTI's proposals in URN 06/2123 on the balance that should be struck in the Regulations between those offences that will be subject to a strict liability approach and those where there must be proof both of the prohibited act and the prescribed state of mind of the trader. The AA also sets out its views on what the minimum controls should be on enforcers before they are permitted to launch criminal prosecutions.
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