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Advertising Standards Agency (ASA) summarise position of CAP and BCAP code rules after Brexit transition period

Jan 14, 2021 | ASA

Link(s): https://www.asa.org.uk/news/cap-and-bcap-code-rules-after-brexit-transition-period.html

Context

The ASA has provided a summary of the impact of Brexit on CAP (UK Code of Non-broadcast Advertising ) and BCAP (UK Code of Broadcast Advertising ).

Key points to note

  • In summary all EU-derived legislation which is in force at the end of the Transition Period will remain in force after this point unless it is subsequently repealed.
  • CAP and BCAP committees will continue to consider any changes which might be necessary to the Codes as they receive further information from government and will make any appropriate changes as soon as they are in a position to do so. 
  • The two key pieces of legislation designed to ensure that the UK had a functioning statute book after it left the EU were: the European Union (Withdrawal Act) 2018 (the EUWA 2018) and the European Union (Withdrawal Agreement) Act 2020 (the EUWAA 2020).
  • The EUWA 2018 was designed to ensure that the same rules and laws would apply on the day after exit as on the day before; and that changes could be made to these by subsequent legislation.