Introductory

1 The Glasgow Commonwealth Games

(1) “The Games” are the Commonwealth Games that are to be held principally in Glasgow in 2014.

(2) A “Games location” is—

(a) a place in which an event is held as part of the Games (whether or not a sporting event and whether or not held in Glasgow), and

(b) any other place which is—

(i) used in connection with the Games (even if that use occurs before or after the Games), and

(ii) specified by order made by Ministers.

(3) The “Organising Committee” is the company named Glasgow 2014 Limited which was incorporated on 11 June 2007.

Street trading etc.

2 Ban on outdoor trading in the vicinity of Games locations

(1) It is an offence to trade in the vicinity of a Games location at a prohibited time (“the trading offence”).

(2) The trading offence does not apply to trading in a building.

(3) Ministers may by regulations (“the trading regulations”)—

(a) exempt types of trading from the trading offence,

(b) make such further provision as they think fit in relation to trading in the vicinity of Games locations.

(4) The trading offence does not apply to trading by the Organising Committee or the Commonwealth Games Federation (so long as that trading is done in accordance with any conditions imposed by the trading regulations).

3 Trading activities, places and prohibited times

The trading regulations may prescribe, or provide criteria for determining—

(a) activities which are (or are not) to be treated as trading for the purposes of the trading offence,

(b) places which are (or are not) to be treated as being in the vicinity of a Games location for those purposes,

(c) times which are prohibited times for those purposes.

4 Authorised trading

(1) The trading regulations may prescribe circumstances in which the Organising Committee may authorise persons to trade in a way which would otherwise constitute a trading offence.

(2) The trading regulations may, in particular, provide—

(a) for an authorisation to be granted in respect of a place only if—

(i) a prescribed kind of trading licence exists in respect of that place, or

(ii) it is designated for a prescribed purpose in accordance with a prescribed enactment,

(b) for an authorisation to be granted only if the person seeking the authorisation holds a prescribed kind of trading licence,

(c) for an authorisation to be treated as if it were a trading licence granted by virtue of another enactment or document,

(d) that the Organising Committee may determine the procedure for applying for and granting an authorisation,

(e) that any fee charged by the Organising Committee in connection with an authorisation (or an application) is not to exceed such amount as may be specified in, or determined in accordance with, the regulations,

(f) that trading in the course of a fair or market may be authorised only where—

(i) the fair or market is held in accordance with a prescribed kind of licence or right, and

(ii) any other prescribed conditions are satisfied,

(g) for a right of appeal against a refusal to grant an authorisation.

5 Trading authorisation: conditions

(1) An authorisation under section 4—

(a) is subject to any conditions imposed by the trading regulations, and

(b) may be subject to any other conditions imposed by the Organising Committee.

(2) For example, the trading regulations or the Organising Committee may impose conditions—

(a) about the times when authorised trading may be carried out,

(b) requiring the authorised person to produce evidence of the authorisation to any enforcement officer or constable who requests it,

(c) about steps to be taken in respect of congestion, litter or noise,

(d) which are—

(i) inconsistent with, or

(ii) more onerous than,

the conditions of any other trading licence held by the authorised person.

6 Trading permitted without authorisation

(1) The trading regulations may prescribe, or provide criteria for determining, circumstances in which trading which would otherwise constitute a trading offence is permitted without authorisation.

(2) Trading without authorisation may, for example, be permitted by reference to—

(a) the person who is trading,

(b) the nature of the trading,

(c) the purpose of the trading, or

(d) the application of any profits.

7 Existing trading licences

It is not a defence for a person charged with a trading offence that the person has a trading licence whether granted before or after this section comes into force.

8 Alternative arrangements where existing trading banned during Games

(1) Councils must seek to work with existing street traders to try to identify alternative trading arrangements during the times when the trading offence applies.

(2) An “existing street trader” is any person—

(a) to whom the council grants a street trader’s licence, or market operator’s licence, authorising the person to trade at a place in the council’s area within the period of 12 months before the Games begin, and

(b) who would, but for this Act, be entitled to trade at that place during the times when the trading offence applies.

9 Guidance and information about trading

(1) It is for the Organising Committee to issue guidance about trading in the vicinity of Games locations.

(2) The trading regulations may require—

(a) prescribed persons to inform other persons about the effect or likely effect of section 2 and the trading regulations,

(b) a person who grants a trading licence to inform the licensee of the effect of section 7.

Advertising

10 Ban on advertising in the vicinity of Games locations

(1) It is an offence to advertise in the vicinity of a Games location at a prohibited time (“the advertising offence”).

(2) Ministers may by regulations (“the advertising regulations”)—

(a) exempt types of advertising from the advertising offence,

(b) make such further provision as they think fit in relation to advertising in the vicinity of Games locations.

(3) The advertising offence does not apply to advertising by the Organising Committee or the Commonwealth Games Federation (so long as that advertising is done in accordance with any conditions imposed by the advertising regulations).

11 Advertising activities, places and prohibited times

(1) An activity is to be treated as advertising if it is a communication to the public (or to a section of the public) for the purpose of promoting an item, service, trade, business or other concern.

(2) For example, any of the following acts done for that purpose are to be treated as advertising—

(a) advertising of a non-commercial nature,

(b) announcements or notices,

(c) the sale or giving away of any goods or services,

(d) the distribution or provision of documents or articles,

(e) the display or projections of words, images, lights or sounds,

(f) things done with or in relation to material which has or may have purposes or uses other than as an advertisement.

(3) “Advertise” is to be construed accordingly.

(4) The advertising regulations may prescribe, or provide criteria for determining—

(a) places which are (or are not) to be treated as being in the vicinity of a Games location for the purposes of the advertising offence,

(b) times which are prohibited times for those purposes.

12 Authorised advertising

(1) The advertising regulations may prescribe circumstances in which the Organising Committee may authorise persons to advertise in a way which would otherwise constitute an advertising offence.

(2) The advertising regulations may, in particular, provide—

(a) for an authorisation to be granted in respect of a place only if—

(i) a prescribed kind of advertising licence exists in respect of that place, or

(ii) it is designated for a prescribed purpose in accordance with a prescribed enactment,

(b) for an authorisation to be granted only if the person seeking the authorisation holds a prescribed kind of advertising licence,

(c) for an authorisation to be treated as if it were an advertising licence granted by virtue of another enactment or document,

(d) that the Organising Committee may determine the procedure for applying for and granting an authorisation,

(e) that any fee charged by the Organising Committee in connection with an authorisation (or an application) is not to exceed such amount as may be specified in, or determined in accordance with, the regulations,

(f) for a right of appeal against a refusal to grant an authorisation.

13 Advertising authorisation: conditions

(1) An authorisation under section 12—

(a) is subject to any conditions imposed by the advertising regulations, and

(b) may be subject to any other conditions imposed by the Organising Committee.

(2) For example, the advertising regulations or the Organising Committee may impose conditions—

(a) about the times when authorised advertising may be carried out,

(b) requiring the authorised person to produce evidence of the authorisation to any enforcement officer or constable who requests it,

(c) which are—

(i) inconsistent with, or

(ii) more onerous than,

the conditions of any other advertising licence held by the authorised person.

14 Advertising permitted without authorisation

(1) The advertising regulations may prescribe, or provide criteria for determining, circumstances in which advertising which would otherwise constitute an advertising offence is permitted without authorisation.

(2) Advertising without authorisation may, for example, be permitted by reference to—

(a) the person who is advertising,

(b) the nature of the advertising,

(c) the purpose of the advertising, or

(d) the circumstances of its display.

15 Existing advertising licences

It is not a defence for a person charged with an advertising offence that the person has an advertising licence whether granted before or after this section comes into force.

16 Guidance and information about advertising

(1) It is for the Organising Committee to issue guidance about advertising in the vicinity of Games locations.

(2) The advertising regulations may require—

(a) prescribed persons to inform other persons about the effect or likely effect of section 10 and the advertising regulations,

(b) a person who grants an advertising licence to inform the licensee of the effect of section 15.

Ticket touting

17 Ban on ticket touting

(1) It is an offence to tout a Games ticket (“the touting offence”).

(2) A person touts a Games ticket if the person does any act falling within subsection (3)—

(a) in a public place,

(b) in relation to the sale, or proposed sale, of a Games ticket for an amount exceeding the ticket’s face value, or

(c) with a view to making a profit.

(3) Acts which fall within this subsection are—

(a) selling a Games ticket,

(b) offering to sell a Games ticket,

(c) exposing a Games ticket for sale,

(d) advertising that a Games ticket is available for purchase,

(e) making a Games ticket available for sale by another person, and

(f) giving away (or offering to give away) a Games ticket on condition that the person given the ticket pays a booking fee or other charge or acquires some other goods or services.

(4) The touting offence does not apply in relation to acts done—

(a) by the Organising Committee or the Commonwealth Games Federation, or

(b) in accordance with an authorisation given by the Organising Committee.

(5) This section applies to acts done in or outwith Scotland.

(6) The amount payable for a Games ticket is to be treated as including—

(a) the amount of any booking fee or other charge imposed as a condition of sale,

(b) the amount payable for any other goods or services which are to be acquired as a condition of sale, and

(c) the market value of any goods or services received in exchange for the ticket.

(7) The reference in subsection (2)(c) to making a profit is, where the act is done by a person other than the person disposing of the ticket, to be read as a reference to assisting the person disposing of the ticket to make a profit.

18 Exception for certain advertisers etc.

A person (“A”) who advertises that a Games ticket is available for purchase from, or makes a ticket available for sale by, another person (“B”) does not commit a touting offence if—

(a) the proposed ticket sale would constitute a touting offence only because B intends to—

(i) sell the ticket for an amount exceeding the ticket’s face value, or

(ii) make a profit as a result of the sale, and

(b) A does not, and could not reasonably be expected to, know B’s intention.

19 Use of internet etc.

Ministers may by regulations specify circumstances in which making facilities available in connection with electronic communications or the storage of data is, or is not, to be capable of constituting a touting offence.

20 Authorised ticket sales

(1) An authorisation given for the purposes of section 17(4)(b) may be subject to conditions imposed by the Organising Committee.

(2) For example, an authorisation may be subject to conditions—

(a) requiring the authorised person to produce evidence of the authorisation to any enforcement officer or constable who requests it,

(b) which are—

(i) inconsistent with, or

(ii) more onerous than,

the conditions of any other licence held by the authorised person.

(3) An authorisation must be given in writing (and an authorisation which is transmitted by electronic means is to be treated as being in writing if it is received in legible form and capable of being used for subsequent reference).

(4) Ministers may by regulations provide that any fee charged by the Organising Committee in connection with an authorisation (or an application for authorisation) is not to exceed such amount as may be specified in, or determined in accordance with, the regulations.

Enforcement

21 Enforcement officers

(1) “Enforcement officers” are individuals designated as such by the Organising Committee.

(2) The Organising Committee may designate an individual as an enforcement officer only if the individual—

(a) is an inspector of weights and measures (appointed under section 72(1) of the Weights and Measures Act 1985 (c. 72)) and the designation is approved by the appointing council, or

(b) meets such other criteria as may be specified by Ministers in regulations.

(3) Enforcement officers have the functions conferred on them by virtue of this Act.

22 General enforcement power

(1) An enforcement officer may take such reasonable steps as the officer considers appropriate—

(a) for the purpose of preventing or ending the commission of a Games offence, or

(b) in connection with proceedings, or anticipated proceedings, in respect of a Games offence.

(2) Such steps may include seizing, concealing or destroying anything which the officer reasonably believes to be an infringing article (but see section 23).

(3) An “infringing article” is—

(a) an article used in connection with the commission of a Games offence, or

(b) a receptacle used as a container for such an article.

(4) An enforcement officer may be assisted by any other person as may be reasonably required for the purposes of taking action under this section.

23 Restrictions on general enforcement power

(1) An infringing article may be seized by an enforcement officer only if the officer considers it appropriate to do so for the purpose of—

(a) ending the commission of a Games offence,

(b) preventing the future commission of such an offence,

(c) enabling the article to be used in proceedings for such an offence, or

(d) enabling the article to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43).

(2) A seized article must be returned when retention of it is no longer justified for the purposes mentioned in subsection (1).

This subsection does not apply to perishable articles which no longer have any commercial value.

(3) An infringing article may be concealed by an enforcement officer only if the officer considers it appropriate to do so for the purpose of—

(a) ending the commission of an advertising offence, or

(b) preventing the future commission of such an offence.

(4) A concealed article must be revealed when concealing it is no longer justified for the purposes mentioned in subsection (3).

(5) An infringing article may be destroyed only if the enforcement officer considers it appropriate to do so for the purposes mentioned in subsection (3) and does not consider seizing or concealing the article to be a reasonable alternative course of action in the circumstances.