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Appendix 2 Statutes, Statutory Instruments and Other Codes

Statutes, Statutory Instruments and Other Codes listed by sponsoring Departments or organisations affecting Advertising and Promotional and Direct Marketing

The following list is not exhaustive and is for guidance only.

Department of Agriculture, Food and Rural Development
Animal Remedies Act, 1993
European Communities (Classification, Packaging and Labelling of Plant Protection Products and Biocide Products Regulations, 2001 (S.I. No. 624/2001)

Department of Arts, Sport and Tourism
Tourist Traffic Acts, 1939 to 2003

Department of Communications,Marine and Natural Resources
Broadcasting Act, 1990
Broadcasting Act, 2001
Broadcasting Authority Acts, 1960 – 1993
European Communities (Electronic Communications Network and Services) (Data Protection and Privacy) Regulations, 2003 (S.I. 535/2003)
European Communities (Television Broadcasting) Regulations, 1999. These regulations implement EU Directive 89/552/EEC as amended by EU Council Directive 97/36/EC (Television without Frontiers) (S.I. No. 313 of 1999).
Radio and Television Act, 1988

Department of Enterprise, Trade and Employment
Charges (Hairdressing) Display Order, 1976 (S.I. 156/1976)
Consumer Credit Act, 1995
Consumer Information Act, 1978
Consumer Information (Advertisement for Concert or Theatre Performances) Order, 1997 (S.I. 103/1997)
Consumer Information (Advertisements) (Disclosure of Business Interest) Order, 1984 (S.I. No. 168/1984)
Consumer Information (Advertisement for Airfares) Order, 2000 (S.I. No. 468/2000)
Consumer Information (Diesel and Petrol) (Reduction in Retail Price) Order, 1997 (S.I. No. 179/1997)
Copyright and Related Rights Act, 2000 Directive 97/55/EC of European Parliament and of the Council of 6 October 1997 amending Directive
84/450/EEC concerning misleading advertising so as to include comparative advertising
European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations, 2006 (S.I. 290/2006)
European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 2002 (S.I. 483/2002)
European Communities (Misleading Advertising) Regulations, 1988 (S.I. 134/1988)
European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communications) Regulations, 2001 (S.I. 207/2001)
European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) (Amendment) Regulations, 2005 (S.I. No. 71/2005)
Occasional Trading Act, 1979
Pyramid Selling Act, 1972
Retail Price (Beverages in Licensed Premises) Display Order, 1999 (S.I. 263/1999)
Retail Price (Diesel and Petrol) Display Order, 1997 (S.I. 178/1997)
Retail Price (Food in Catering Establishments) Display Order, 1984 (S.I. 213/1984)
Sale of Goods and Supply of Services Act, 1980
Trade Marks Act, 1996

Department of the Environment,Heritage and Local Government
Local Government (Planning and Development) Acts, 1963 – 1993
Local Government (Planning and Development) Regulations, 1994
Planning and Development Act, 2000
Waste Electrical and Electronic Equipment (WEEE) Regulations, 2005 (S.I. 340/2005)

Department of Finance
Building Societies Act, 1989
Central Bank Acts, 1942 – 1989
Consumer Credit Act, 1995
Consumer Credit Act, 1995 (Section 28) Regulations, 1996 (S.I. 254 /1996)
Copyright Act, 1963
Credit Unions Act, 1997
European Communities (Distance Marketing of Consumer Financial Services) Regulations, 2004 (S.I. 853/2004)
European Communities (Life Assurance) Framework Regulations, 1994 (S.I. 360 /1994)
European Communities (Non-Life Insurance) Framework Regulations, 1994 (S.I. 359/1994)
European Communities (Undertakings for Collective Investments in Transferable Securities) Regulations, 2003 (S.I. 211/2003)
Investment Intermediaries Act, 1995
Investor Compensation Act, 1998
Prospectus (Directive 2003/71/EC) Regulations, 2005 (S.I. 324/2005)
Stock Exchange Act, 1995
Trustee Savings Banks Act, 1989
Unit Trusts Act, 1990

Department of Health and Children
Adoption Acts, 1952 – 1998
European Communities (Cosmetic Products) Regulations, 1997 – 2000 (S.I. 87/1997; S.I. No. 213/1998; S.I. No. 150/2000; S.I. No. 203/2000; SI 373 of 2006)
European Communities (Food Supplements) Regulations, 2003 (S.I. 539/2003)
European Communities (Infant Formulae and Follow-on Formulae) Regulations, 1998-2000 (S.I. 243/1998; S.I. No. 446/2000)
Health (Foods for Particular Nutritional Uses) Regulations, 1991 (S.I. 331/1991)
Medical Preparations (Advertising) Regulations, 1993 and 1996 (S.I. No. 76/1993)
Medicinal Products (Prescription and Control of Supply) Regulations, 2003 (S.I. No. 540/2003)
Opticians Acts, 1956 and 2003
Public Health (Tobacco) Acts, 2002 and 2004
Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations, 1994 – 2000
Voluntary code to limit the exposure of young people to alcoholic drink advertising in cinemas
Voluntary code to limit the exposure of young people to alcoholic drink advertising on outdoor/ambient media
Voluntary code to limit the exposure of young people to alcoholic drink advertising on radio
Voluntary code to limit the exposure of young people to alcoholic drink advertising on television

Department of Justice, Equality and Law Reform
Betting Act, 1931
Censorship of Publications Acts, 1929 – 1967
Censorship of Publications Regulations, 1980 (S.I. No. 292/1980)
Data Protection Acts, 1988 and 2003
Employment Equality Acts, 1998 and 2004
Equal Status Acts, 2000 to 2004
Gaming and Lotteries Act, 1956
Licensing Acts, 1833 to 2004, (in particular the Intoxicating Liquor Act, 1988, the Intoxicating Liquor Act, 2000, and the Intoxicating Liquor Act, 2003)
Solicitors Acts, 1952-2002
Solicitors (Advertising) Regulations, 2002

Department of Transport
Package Holidays and Travel Trade Act, 1995, and the regulations made under it

OTHER CODES
Animal and Plant Health Association – Code of Practice for the Animal Health Industry with guidelines for TV and Radio advertising
Broadcasting Commission of Ireland – Children’s Advertising Code
Broadcasting Commission of Ireland – General Advertising Codes
Irish Association of Investment Managers – Code of Advertising Practice
Irish Brokers Association – Code of Conduct for Insurance Intermediaries
Irish Direct Marketing Association – Code of Practice on Direct Marketing
Irish Direct Marketing Association – Code of Practice on Data Protection
Irish Direct Marketing Association – Code of Practice on Telemarketing
Irish Financial Services Regulatory Authority – Advertising Requirements applicable to Credit Institutions, issued in accordance with Section 117(1) of the Central Bank Act, 1989
Irish Financial Services Regulatory Authority – Handbook for Authorised Advisors, issued under Section 37 of the Investment Intermediaries Act, 1995
Irish Financial Services Regulatory Authority – Handbook for Restricted Activity Investment Product Intermediaries, issued under Section 37 of the Investment
Intermediaries Act, 1995
Irish Financial Services Regulatory Authority – Handbook for Investment and Stockbroking Firms, issued under Section 31 of the Stock Exchange Act, 1995, and Section 23 of the Investment Intermediaries Act, 1995
Irish Financial Services Regulatory Authority – Interim Code of Practice for Insurance Undertakings, issued under Section 117 of the Central Bank Act, 1989
Irish Insurance Federation – Code of Practice on Advertising and Sales Material
Irish Mail Order Association – Code of Practice on Catalogue Mail Order Trading
Irish Pharmaceutical Healthcare Association – Code of Standards of Advertising Practice for the Consumer Healthcare Industry
MEAS – Code of Practice on the Naming, Packaging and Promotion of Alcoholic Drinks.
Regulator of Premium Rate Telecommunications Services – REGTEL Code of Practice
The Dental Council – Guidelines on Public Relations and Communications
The Medical Council – Guide to Ethical Conduct (Advertising and the Media)
The Opticians Board – Rules relating to Advertising

NOTE: Advertisers and promoters should also comply with any relevant Codes of Practice approved from time to time by the Director of Consumer Affairs.

Chapter One:

Manual of Advertising Self-Regulation with the Code of Standards for Advertising, Promotional and Direct Marketing in Ireland (6th Edition)
  • Scope and Application
  • General Rules
  • Promotional Marketing Practices
  • Distance Selling (Mail Order and Direct Response)
  • Children
  • Food and Non-Alcoholic Beverages
  • Alcoholic Drinks
  • Health and Beauty
  • Slimming
  • Financial Services and Products
  • Employment and Business Opportunities
  • Environmental Section
  • Occasional Trading

Chapter Two: Procedures and Structures

  • Advertising Self-Regulation
  • Self-Regulation and the Law
  • Scope & Coverage
  • Complaints Procedure
  • ASAI Structure, Function and Funding
  • The European Dimension

Apendices

  • Appendix I Review System
  • Appendix 2 Statutes, Statutory Instruments and Other Codes
  • Appendix 3: Online Behavioural Advertising

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