UEFA European Championship (Scotland) Act 2020

Publication Date:January 01, 2020
 
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UEFA European Championship (Scotland) Act 2020

2020 asp 1

An Act of the Scottish Parliament to make provision in relation to the Union of European Football Associations European Championship that is to be held, in part, in Glasgow in 2020.

[23 January 2020]

Introductory

Introductory

S-1 Meaning of key terms

1 Meaning of key terms

(1) In this Act—

the “Championship” means the Union of European Football Associations (UEFA) European Championship that is to be held, in part, in Glasgow in 2020,

the “Championship period” means the period beginning on 1 June and ending on 12 July 2020,

a “Championship ticket” means any ticket, card, electronic device or other thing which entitles an individual to attend an event which is held as part of the Championship (whether or not held in Scotland),

an “event zone” means any one of—(a) the Hampden Park zone,(b) the George Square zone,(c) the Merchant City zone,as defined in regulations made by the Scottish Ministers.

(2) Other terms and expressions used in this Act are set out in section 34.

Ticket touting

Ticket touting

S-2 Ban on ticket touting

2 Ban on ticket touting

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

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

(a)

in relation to the sale, or proposed sale, of a Championship ticket for an amount exceeding the ticket’s face value, or

(b)

with a view to making a profit.

(3) Acts which fall within this subsection are—

(a)

selling a Championship ticket,

(b)

offering to sell a Championship ticket,

(c)

exposing a Championship ticket for sale,

(d)

advertising that a Championship ticket is available for purchase,

(e)

making a Championship ticket available for sale by another person, and

(f)

giving away (or offering to give away) a Championship 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 any act by UEFA in relation to the sale, or proposed sale, of a Championship ticket which—

(a)

falls within subsection (3), and

(b)

is not done for an amount exceeding the ticket’s face value.

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

(6) The amount payable for a Championship 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)(b) 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 or attempt to make a profit.

S-3 Exception for charity auctions

3 Exception for charity auctions

(1) The touting offence does not apply in relation to the sale of a Championship ticket in an auction conducted—

(a)

by a charity, or

(b)

by a person other than a charity, provided that the proceeds of the ticket’s sale are given to a charity.

(2) In subsection (1), “charity” means—

(a)

a body which is registered in the Scottish Charity Register, or

(b)

a body which—

(i) is established under the law of England and Wales, of Northern Ireland, or of a member State of the European Union,

(ii) is managed or controlled wholly or mainly outwith Scotland, and

(iii) meets at least one of the conditions set out in subsection (3).

(3) The conditions are—

(a)

the body is registered in a register corresponding to the Scottish Charity Register,

(b)

the body’s purposes consist only of one or more of the charitable purposes set out in section 7(2) of the Charities and Trustee Investments (Scotland) Act 2005.

S-4 Exception for certain advertisers etc.

4 Exception for certain advertisers etc.

A person (“A”) who advertises that a Championship 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.

S-5 Provision of electronic facilities

5 Provision of electronic facilities

The Scottish 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.

Street trading etc.

Street trading etc.

S-6 Ban on outdoor trading within event zones

6 Ban on outdoor trading within event zones

(1) It is an offence to trade within an event zone at a prohibited time (“the trading offence”).

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

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

(a)

exempt types of trading from the trading offence,

(b)

make such further provision as they consider appropriate in relation to trading within event zones.

(4) The trading offence does not apply to trading by UEFA (so long as that trading is done in accordance with any conditions imposed by the trading regulations).

S-7 Trading activities, places and prohibited times

7 Trading activities, places and prohibited times

(1) An activity is to be treated as trading if it is the sale or offer for sale, in an open public place, of an article or service.

(2) For example, any of the following acts done in an open public place are to be treated as trading (except as exempted or permitted in the trading regulations by virtue of section 6(3) or 8(1))—

(a)

selling an article,

(b)

supplying a service,

(c)

making an appeal to members of the public to give money or other property (or both) for charitable or other purposes (whether authorised or not under any enactment),

(d)

providing public entertainment for gain or reward.

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

(a)

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

(b)

places or areas within an event zone where the trading offence will not apply,

(c)

alternative arrangements for existing street traders during the times when the trading offence applies, and

(d)

times which are prohibited times for the purpose of the trading offence.

(4) The prohibited times may only be during the Championship period.

(5) In this Act, an “existing street trader” is any person—

(a)

to whom Glasgow City Council or, as the case may be, the Police Service of Scotland has granted a trading licence, authorising the person to trade at a place in Glasgow City Council’s area prior to the date on which this Act receives Royal Assent, and which remains in force on that date, and

(b)

who would, but for this Act, be entitled to trade within an event zone during the times when the trading offence applies.

S-8 Trading permitted in prescribed circumstances

8 Trading permitted in prescribed circumstances

(1) The trading regulations may prescribe, or provide criteria for determining, circumstances in which trading which would otherwise constitute a trading offence is permitted.

(2) Trading 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.

S-9 Existing trading licences

9 Existing trading licences

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

S-10 Alternative arrangements where existing trading banned during Championship

10 Alternative arrangements where existing trading banned during Championship

Glasgow City Council must offer alternative trading arrangements to existing street traders during the times when the trading offence applies.

S-11 Guidance and information about trading

11 Guidance and information about trading

(1) Glasgow City Council must issue guidance about trading within event zones.

(2) The trading regulations may require such persons as are specified in the trading regulations to inform other persons about the effect or likely effect of section 6 and the trading regulations.

Advertising

Advertising

S-12 Ban on advertising within event zones

12 Ban on advertising within event zones

(1) It is an offence to advertise within an event zone at a prohibited time (“the advertising offence”).

(2) The Scottish Ministers must by regulations (“the advertising regulations”)—

(a)

exempt types of advertising from the advertising offence,

(b)

make such further provision as they consider appropriate in relation to advertising within event zones.

(3) The types of advertising to be exempted may, for example, include—

(a)

the demonstration of support for or opposition to the views or actions of any person,

(b)

the publicising of political or religious beliefs, causes or campaigns,

(c)

the commemoration of events,

(d)

the display of an advertisement on an individual’s body, clothing or personal property, and

(e)

the display of an advertisement—

(i) to which the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (S.I. 1984/467)do not apply, by virtue of regulation 3(1) and (3) of those Regulations, or

(ii) for which consent is granted by regulation 10(1) of those Regulations (so long as the advertisement complies with the conditions set out in schedules 1 and 4 of those Regulations).

(4) But nothing in the advertising regulations is to permit any person to knowingly participate in ambush marketing.

(5) In subsection (4), “ambush marketing” means an act or series of acts intended specifically to advertise within an event zone at a prohibited time—

(a)

a good or service, or

(b)

a person who provides a good or...

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