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(1) An enforcement officer may, without warrant, enter any place and may search any place (and any vehicle, vessel, container or other thing at that place)—
(a) where the officer reasonably believes a Games offence has been or is being committed, or
(b) which the officer reasonably believes has been or is being used in connection with a Games offence.
(2) An enforcement officer may take to a place entered by virtue of this section any other person, or any equipment, as may be reasonably required for the purposes of assisting the officer.
(3) An enforcement officer who enters a place in pursuance of this section must take reasonable steps to leave the place at least as effectively secured against unauthorised entry as the officer found it.
(1) An enforcement officer may use, or authorise the use of, reasonable force when taking action under section 22 or 24—
(a) if the sheriff grants a warrant for the use of reasonable force and the officer is accompanied by a constable, or
(b) where no application for a warrant has been made, only if the officer is accompanied by a constable who reasonably believes that there is a real and substantial risk that delay in seeking a warrant would defeat or prejudice the purpose of taking action.
(2) Despite subsection (1), an enforcement officer must not—
(a) use force against an individual, or
(b) authorise another person to use force against an individual.
(3) The sheriff may grant a warrant under this section on the application of an enforcement officer only if satisfied that the use of reasonable force is necessary for the purpose of taking action under section 22 or 24.
(4) A warrant granted under this section expires—
(a) when it is no longer required for the purpose for which it was granted, or
(b) if earlier, on the expiry of such period as may be specified in it.
(1) An enforcement officer may take action under section 22 or 24 in relation to a house or a place that can be entered only through a house only if—
(a) an individual who habitually resides in the house permits the enforcement officer to do so, or
(b) the sheriff grants a warrant for such action.
(2) An enforcement officer may enter a house only—
(a) at reasonable times, and
(b) if accompanied by a constable.
(3) The sheriff may grant a warrant under this section on the application of an enforcement officer only if satisfied—
(a) that the officer has reasonable grounds for taking action under section 22 or 24 in relation to the house or the place that can be entered only through the house, and
(b) that any of the conditions in subsection (4) is met.
(4) Those conditions are—
(a) that the officer has been refused entry to the house or place or has been prevented from taking any other action under section 22 or 24 in relation to the house or place,
(b) that such a refusal or prevention is reasonably expected (after the officer has taken reasonable steps to notify the residents of the house of the intended action),
(c) that—
(i) the house is unoccupied (permanently or temporarily), and
(ii) the officer has taken reasonable steps to notify any residents of the house of the intended action,
(d) that the case is one of urgency, or
(e) that notifying the residents of the house of the officer’s intention to take action would defeat the object of the proposed action.
(5) A warrant granted under this section expires—
(a) when it is no longer required for the purpose for which it was granted, or
(b) if earlier, on the expiry of such period as may be specified in it.
(1) An enforcement officer may require any person to provide such information as the officer considers appropriate in connection with—
(a) a Games offence, or
(b) conduct which the officer reasonably suspects constitutes a Games offence.
(2) A person is not obliged to provide information under this section if the person would be entitled to refuse to provide the information in, or for the purposes of, court proceedings.
An enforcement officer must, while doing anything under section 22, 24 or 27, produce evidence of the officer’s authority to take action if requested to do so.
(1) An enforcement officer may, for the purpose of discovering whether any provision made by virtue of this Act is being complied with—
(a) purchase, or authorise another person to purchase, any goods, or
(b) secure, or authorise another person to secure, the provision of any services.
(2) Nothing done in pursuance of this section constitutes a Games offence.
(1) A person whose property is damaged by anything done under section 22 or 24 may obtain compensation from—
(a) if the damage is caused by an enforcement officer or by a constable accompanying an enforcement officer, the Organising Committee, or
(b) if the damage is caused by a constable who is not accompanying an enforcement officer, the chief constable of the constable’s police force.
This subsection does not apply if the thing done relates to a Games offence committed by the person.
(2) Ministers may by regulations make provision—
(a) about claiming compensation,
(b) about determining the compensation due, and
(c) conferring jurisdiction for determining disputed compensation on a court, tribunal or other body.
(3) The costs of doing anything which an enforcement officer is authorised or entitled to do by virtue of this Act are recoverable by the Organising Committee from the person who committed the Games offence to which the action relates.
It is an offence (“an obstruction offence”)—
(a) intentionally to prevent or obstruct an enforcement officer from doing anything which the officer is authorised or entitled to do by virtue of this Act, or
(b) without reasonable cause to fail to comply with a requirement made by an enforcement officer, or a constable, under section 27.
(1) A constable may do anything an enforcement officer may do under sections 22 to 29.
(2) But the restrictions imposed on an enforcement officer by sections 23, 25, 26 and 28 apply to a constable only to the extent that they do not conflict with a constable’s powers under any other enactment or rule of law.
And where the restrictions imposed by sections 25 and 26 apply, the constable does not have to be accompanied by another constable.
(3) A constable may arrest without warrant a person who the constable reasonably believes is committing or has committed a Games offence.
(4) Subsection (3) does not affect a constable’s existing powers of arrest.
Ministers may by regulations specify further procedure which an enforcement officer or, as the case may be, a constable must follow when doing anything under sections 22 to 29.
(1) Trading offences and advertising offences are triable summarily or on indictment.
(2) Ticket touting offences and obstruction offences are triable only summarily.
(1) A person convicted of a trading offence or an advertising offence is liable—
(a) on summary conviction, to a fine not exceeding £20,000,
(b) on conviction on indictment, to a fine.
(2) A person convicted of a ticket touting offence or an obstruction offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) Where—
(a) an offence under this Act has been committed by—
(i) a body corporate,
(ii) a Scottish partnership, or
(iii) an unincorporated association other than a Scottish partnership, and
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
(i) a relevant individual, or
(ii) an individual purporting to act in the capacity of a relevant individual,
that individual as well as the body, partnership or association is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2) In subsection (1), “relevant individual” means—
(a) in relation to a body corporate other than a council—
(i) a director, manager, secretary or other similar officer of the body,
(ii) where the affairs of the body are managed by its members, the members,
(b) in relation to a council, an officer or member of the council,
(c) in relation to a Scottish partnership, a partner, and
(d) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
(3) Any penalty imposed on a body corporate, Scottish partnership or unincorporated association on conviction of an offence under this Act is to be recovered by civil diligence in accordance with section 221 of the Criminal Procedure (Scotland) Act 1995 (c. 46).
(1) It is for the Organising Committee to make a plan about transport matters relating to the Games (“the Games transport plan”).
(2) Before it does so, the Organising Committee must consult—
(a) Ministers,
(b) every council in whose area a Games location is situated,
(c) every chief constable of a police force maintained for an area in which a Games location is situated, and
(d) any other person whom the Organising Committee considers appropriate.
(1) A traffic authority for a road may make an order under section 14(1) (temporary traffic regulation orders) of the Road Traffic Regulation Act 1984 (c. 27) (“the 1984 Act”) in relation to the road for the purposes of—
(a) implementing the Games transport plan,
(b) facilitating transport services in connection with the Games,
(c) facilitating travel by any person for a purpose connected to the Games, or
(d) carrying out an experimental scheme of traffic control for a purpose connected to the Games.
An order made by virtue of this subsection is called a “Games traffic regulation order”.
(2) A Games traffic regulation order may be made irrespective of whether the traffic authority is satisfied as mentioned in section 14(1) of the 1984 Act.
(3) A Games traffic regulation order may suspend any statutory provision to which section 14(7) of the 1984 Act applies without imposing any restriction or prohibition as is mentioned in section 14(1) of that Act.
(4) Paragraph 2(4)(ba) of Schedule 3 to the Road Traffic Act 1991 (c. 40) (breach of order under section 14(1) of the 1984 Act in relation to waiting, loading and unloading of vehicles not to be offence in a special parking area) does not apply to section 16(1) of the 1984 Act (contravention of section 14 of the Act to be an offence) in so far as section 16(1) relates to the contravention of a Games traffic regulation order.
(1) A traffic authority for a road may by notice restrict or prohibit temporarily the use of the road, or any part of it, by vehicles (or any type of vehicles) or pedestrians where it appears to the authority that it is necessary or expedient for any of the purposes mentioned in section 38(1) that the restriction or prohibition should come into force without delay.
(2) The 1984 Act applies in relation to notices under this section as it applies in relation to notices under section 14(2) of that Act.
(1) Ministers may direct a council to make, vary or revoke a traffic regulation instrument where they consider such action to be necessary for any of the purposes mentioned in section 38(1).
(2) A direction may be made only if—
(a) the Organising Committee has notified Ministers that it considers that the council should take the directed action, and
(b) the council has failed to take that action within 7 days of being asked by Ministers to do so.
(3) Subsection (2) need not be complied with where—
(a) Ministers consider that action must be taken without delay in order to ensure that the Games transport plan is implemented properly, and
(b) the direction narrates that fact.
(4) If a council fails to comply with a direction—
(a) Ministers may take the directed action in place of the council, and
(b) such action is to be deemed to have been taken by the council.
(5) Ministers may recover the cost of so acting from the council.
(6) A “traffic regulation instrument” means any—
(a) Games traffic regulation order, or
(b) other order, regulations, notice or instrument regulating road use,
which the council concerned has power to make.
(1) Ministers may provide or arrange for the provision of assistance to the Organising Committee—
(a) for the purpose of securing compliance with the Host City Contract, or
(b) for any other purpose connected with the Games.
(2) Assistance may, in particular, be in the form of—
(a) giving grants, loans, guarantees, indemnities or other financial assistance,
(b) entering into agreements,
(c) acquiring, holding, managing or disposing of land or other property,
(d) providing goods or services,
(e) making available facilities or the services of staff.
(3) Ministers may impose conditions in relation to assistance provided in pursuance of this section.
(1) Part 8 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (acquisition and appropriation of land for planning purposes) is to be read as if it contained the following modifications.
(2) In section 189 (compulsory acquisition)—
(a) in subsection (1), after paragraph (b) insert—
“(c) is suitable for and required in order to facilitate the holding of the Glasgow Games 2014.”,
(b) after subsection (1) insert—
“(1A) “Glasgow Games 2014” means the Commonwealth Games that are to take place principally in Glasgow in 2014.”, and
(c) after subsection (9) insert—
“(10) Subsections (5) and (6) do not apply where land is acquired for the purpose mentioned in subsection (1)(c).”.
(1) Any Ministerial power to make an order or regulations under this Act is exercisable by statutory instrument.
(2) Any such power includes power to make—
(a) any supplementary, incidental, consequential, transitional, transitory or saving provision which Ministers consider appropriate,
(b) different provision for different purposes.
(3) Subject to subsection (4), a statutory instrument containing an order or regulations made under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.
This subsection does not apply to orders made under section 49(2) (commencement orders) or 50(2) (repeal order).
(4) No statutory instrument containing the first—
(a) trading regulations,
(b) advertising regulations, or
(c) regulations under section 19,
may be made unless a draft of the instrument has been laid before, and approved by a resolution of the Scottish Parliament.
Ministers must consult the following persons before making the first trading regulations or the first advertising regulations—
(a) the councils for the areas where it is proposed that the regulations apply,
(b) the Organising Committee, and
(c) other persons whom Ministers consider appropriate.
Ministers must have regard to the following when making the trading regulations or the advertising regulations—
(a) the Host City Contract,
(b) any requests or guidance from the Commonwealth Games Federation, and
(c) where relevant, the impact of the regulations on the effective operation of the Games (in particular the impact on traffic and other transport in the vicinity of Games locations).
Ministers must give public notice—
(a) no later than 2 years before the Games begin, of the general nature of the first trading regulations and the first advertising regulations, and
(b) no later than 6 months before the Games begin, of the detailed provisions of the first trading regulations and the first advertising regulations.
(1) Ministers may by order make any supplementary, incidental, consequential, transitional, transitory or saving provision which they consider appropriate for the purposes of, or in connection with, or for the purposes of giving full effect to, any provision of this Act.
(2) Such an order may apply (with or without modifications) or disapply provisions of this or any other Act.
(1) In this Act—
“advertising licence” includes any kind of consent, certificate, permission or other authorisation (by whatever name) which relates to advertising (other than an authorisation or permission obtained by virtue of the advertising regulations),
“building” does not include—
a caravan, marquee, stall, tent or other temporary or moveable structure,
a building (or part of a building) which is designed or used generally as a car park,
“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
“Games offence” means an offence under this Act,
“Games ticket” means any ticket, card, electronic device or other thing which entitles an individual to attend—
an event held as part of the Games (whether or not a sporting event and whether or not held in Glasgow), or
any other event connected with the Games specified by order made by Ministers,
“Host City Contract” means the Host City Contract for the Games,
“house”—
means any building (or part of a building), flat, mobile home, houseboat, caravan or other place which is occupied only as a separate dwelling, but
does not include any yard, garden, garage, outbuilding or other similar area or structure,
“Ministers” means the Scottish Ministers,
“prescribed” means prescribed by the trading regulations or, as the case may be, the advertising regulations,
“road” has the same meaning as in the Roads (Scotland) Act 1984 (c. 54),
“sale” includes “trade” (and vice versa) and references to selling and trading are to be construed accordingly,
“trading licence” includes any kind of consent, certificate, permission or authorisation (by whatever name) which relates to trading (other than an authorisation or permission obtained by virtue of the trading regulations),
“traffic authority” has the same meaning in this Act as in the Road Traffic Regulation Act 1984 (c. 27) (see section 121A of that Act).
(2) The words and other expressions listed in the schedule (index) are defined or otherwise explained for the purposes of this Act by the provisions indicated in the schedule.
(1) The following provisions come into force on Royal Assent—
section 43
section 47
section 48
this section
section 50
section 51
(2) Other provisions come into force on such day as Ministers may by order appoint.
(1) This Act ceases to have effect on the repeal day.
(2) Ministers may by order specify any day after the Games have ended as the repeal day.
This Act is called the Glasgow Commonwealth Games Act 2008.
Glasgow Commonwealth Games Act 2008