In my previous post I intended to provide the relevant excepts of the various legislation that the America’s Cup Act 2014 exempts the America’s Cup (and its associated ‘corporate’ partners) from in Bermuda. Unfortunately, it was just getting to be a far too big an article, so I ended up just dealing with the most relevant one for that article.
And so, here, I provide the remaining advertising exemptions granted by the America’s Cup Act 2014.
Just as a reminder, this is the relevant section of the America’s Cup Act 2014 concerning advertising exemptions:
3 – In relation to advertising of and at the Bermuda Events, ACEA and its designated commercial partners, and the Teams and their designated commercial partners, shall be exempt from –
(a) sections 2, 3, 4 and 6(c) of the Advertisements Regulation Act 1911;
(b) section 14(4) of the Development and Planning Act 1974;
(c) the Motor Car (Control of Design, Colour and Advertising Matter) Regulations 1952; and
(d) sections 3 and 4 of the Alcohol Advertisement (Health Warning) Act 1993.
I addressed subsection (a) in my previous post. As the entire Motor Car (Control of Design, Colour and Advertising Matter) Regulations 1952 is exempted, I’m simply going to direct you to read the entire Act than reproduce it here… (opens as a pdf).
Section 14 (Development requiring planning permission) – Only subsection (4) of this section is exempted under the America’s Cup Act 2014.
Without prejudice to the Advertisements Regulation Act 1911 [title 20 item 9], the use for the display of advertisements of any external part of a building that is not normally used for that purpose shall be treated for the purposes of this section as involving a material change in the use of that part of the building.
Alcohol Advertisement (Health Warning) Act 1993 – Only sections 3 and 4 are exempted under the America’s Cup Act 2014.
Section 3 (Alcohol advertisement in printed publications; Schedule)
(1) No person shall print or publish an alcohol advertisement in a printed publication to which this section applies unless the advertisement bears the health warning as set out in the Schedule.
(2) This section applies to –
(a) any newspaper with majority ownership by Bermudians printed or published in Bermuda;
(b) any periodical, magazine or other publication with majority ownership by Bermudians printed or published in Bermuda.
Section 4 (Health warning when alcohol advertisement displayed; Schedule)
No person shall –
(a) display; or
(b) publish or distribute for the purpose of display,
an alcohol advertisement in writing or other permanent form or semi-permanent form unless the advertisement bears the health warning as set out in the Schedule.
Basically the America’s Cup Act 2014 exemptions here remove the need to include health warnings regarding alcohol and remove the need for planning permission (and all the related checks and balances that involves) for advertising on the outsides of buildings.
Although I haven’t included the Motor Car (Control of Design, Colour and Advertising Matter) Regulations 1952, it is a relatively short Act (six pages). Some of the key sections though are:
Section 4 (General Principles)
The superficial design and colour of restricted motor cars and trailers and of any advertising matter displayed thereon shall be regulated and controlled by order of the Minister –
(a) so as to conduce to road safety; and
(b) so as to preserve as far as possible the amenities of Bermuda, notwithstanding any consideration of private gain.
Other sections generally provide regulations for lettering, colour, designs, etc, mostly with regard to ensuring road safety. I encourage readers to read through it fully though. It is mostly an Act about advertising on vehicles, as is indicated by its name.