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Statutory Instruments

2025 No. 641

BROADCASTING

ELECTRONIC COMMUNICATIONS

FOOD

PUBLIC HEALTH

The Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2025

Made

at 11.02 a.m. on 3rd June 2025

Laid before Parliament

at 3.45 p.m. on 3rd June 2025

Coming into force

1st July 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 321A(6), 368FA(6) and 368Z14(7) of the Communications Act 2003(1).

Citation, commencement and extent

regulation 1 1.—(1) These Regulations may be cited as the Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2025.

(2) These Regulations come into force on 1st July 2025.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendments to the Communications Act 2003

regulation 2 2.—(1) The Communications Act 2003 is amended as follows.

(2) In section 321A(2) (objectives for advertisements: less healthy food and drink), for “1 October 2025”, substitute “5 January 2026”.

(3) In section 368FA(1) (advertising: less healthy food and drink), for “1 October 2025”, substitute “5 January 2026”.

(4) In section 368Z14 (prohibition of paid-for advertising of less healthy food and drink)—

regulation 2 4 a (a)in subsection (1), for “1 October 2025”, substitute “5 January 2026”;

regulation 2 4 b (b)in subsection (11), for “1 October 2025”, in each place it appears, substitute “5 January 2026”;

regulation 2 4 c (c)in subsection (12)(a), for “1 October 2025”, substitute “5 January 2026”.

Signed by authority of the Secretary of State for Health and Social Care

Ashley Dalton

Parliamentary Under-Secretary of State

Department of Health and Social Care

at 11.02 a.m. on 3rd June 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the date on which the requirements introduced by sections 321A, 368FA and 368Z14 relating to the advertising of less healthy food and drink and inserted into the Communications Act 2003 (c. 21) by Schedule 18 to the Health and Care Act 2022 (c. 31) take effect. The date that the restrictions will take effect is moved back from 1 October 2025 to 5 January 2026.

A full impact assessment of the effect that Schedule 18 to the Health and Care Act 2022 will have on the costs of business, the voluntary sector and the public sector is available from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/996232/impact-assessment-hfss-advertising.pdf, and from the Department of Health and Social Care at 39 Victoria Street, London SW1H 0EU. For that reason, no impact assessment has been produced for this instrument.

(1)

2003 c. 21. Sections 321A, 368FA and 368Z14 were inserted by paragraphs 1, 2 and 3 respectively of Schedule 18 to the Health and Care Act 2022 (c. 31).