The Restriction on Conduct (Specialist Advertising Services) Order 1988

• Citation: S.I. 1988/1017
• Sections: 5

Section 1

This Order may be cited as the Restriction on Conduct (Specialist Advertising Services) Order 1988 and shall come into force on 6th July 1988.

Section 2

In this Order—

“price-bearing advertisement” means an advertisement containing information as to the price of the goods to be advertised;

“specialist advertising services” means the services of accepting advertisements for goods for publication in a magazine primarily intended for campers, climbers or walkers; and

“specialist publisher” means a person who publishes a magazine primarily intended for campers, climbers or walkers.

Section 3

(1) Except in the circumstances described in paragraph (2) of this article, it shall be unlawful for a specialist publisher to withhold or to agree to withhold or to threaten to withhold specialist advertising services from any person who gives an order to place a price-bearing advertisement.

(2) The circumstances referred to in paragraph (1) of this article are those where specialist advertising services are withheld, or would be if an agreement or threat to withhold were carried out, for a reason which could have lead a reasonable specialist publisher to withhold such services, such reason not being—

(a) the fact that it is a price-bearing advertisement or

(b) the fact that the specialist publisher believes or suspects that a person will withhold orders for specialist advertising services or for any magazine intended primarily for campers, climbers or walkers published by the specialist publisher if price-bearing advertisements are accepted by the specialist publisher.

Section 4

(1) It shall be unlawful for any specialist publisher—

(a) to discriminate in the manner specified in paragraph (2) of this article in the prices charged for specialist advertising services between persons who give orders to place advertisements; or

(b) to do the thing specified in paragraph (3) of this article being a thing which appears to the Secretary of State to amount to discrimination in the prices charged for such services.

(2) The manner referred to in paragraph (1)(a) of this article is by treating a person who gives an order to place a price-bearing advertisement, as regards prices charged, in a manner significantly less favourable than he normally treats persons who give orders to place other advertisements in similar circumstances.

(3) The thing referred to in paragraph (1)(b) of this article is treating a person who gives an order to place a price-bearing advertisement, as regards terms or conditions as to credit or discount, in a manner significantly less favourable than he normally treats persons who give orders to place other advertisements in similar circumstances.

Section 5

(1) It shall be unlawful for a specialist publisher to give or agree to give such preference in respect of the supply of specialist advertising services as is specified in paragraph (2) of this article.

(2) The preference referred to in paragraph (1) of this article is treating a person who gives an order to place an advertisement not containing information as to the price of the goods to be advertised in a manner significantly more favourable with regard to the terms or conditions on which the services are supplied (other than those as to price, credit or discount), promptness of publication, location of the advertisement or any other matter arising in the execution of the order than that in which he normally treats persons who give orders to place price-bearing advertisements in similar circumstances.