Explanatory Notes

UEFA European Championship (Scotland) Act 2020

2020 asp 1

23 January 2020

Commentary on Sections

Street trading

Section 6: Ban on outdoor trading within event zones

17.This section makes it an offence to trade within an event zone at particular times during the period of the European Championship in 2020 (the “trading offence”). Indoor trading (i.e. trading in a building) is not covered by the offence. The Scottish Ministers are given a power to make further provision about trading within event zones which can be used to set out further exceptions to the offence. The offence does not apply to any trading by UEFA although the trading regulations may require it to comply with prescribed conditions.

Section 7: Trading activities, places and prohibited times

18.This section provides a definition of trading. An illustrative (but not exhaustive) list of activities which will be treated as trading is then set out in subsection (2). This section also allows the trading regulations to define what activities will be treated as trading; to designate areas within the event zones in which the trading offence set out in section 6 would not apply; to prescribe what alternative arrangements are to be offered to existing street traders, as defined in subsection (5); and to define “prohibited times” when the trading offence will apply (which will fall within the Championship period as defined in section 1).

Section 8: Trading permitted in prescribed circumstances

19.This section allows the trading regulations to determine circumstances in which trading which would otherwise constitute a trading offence would be permitted. This could be by reference to the person who is trading, the nature or purpose of the trading or the application of any profits. For example, the regulations could exempt certain news vendors, milk deliveries, or charitable sales from being required to seek authorisation reflecting the fact that certain trading activities do not require a street trading licence under other enactments.

Section 9: Existing trading licences

20.This section makes it clear that holding a trading licence, whether granted before or after this section comes into force, is not a defence against a trading offence under the Act.

Section 10: Alternative arrangements where existing trading banned during Championship

21.This section places a duty on Glasgow City Council to offer alternative trading arrangements to existing licensed street traders and market operators when the trading offence applies (i.e. at a “prohibited time” as defined by the trading regulations).

Section 11: Guidance and information about trading

22.This section requires Glasgow City Council to issue guidance about trading in event zones. It also allows for the trading regulations to require specified persons to inform others of the likely effect of the ban on outdoor trading within event zones (section 6) and of the trading regulations.