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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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(1)A person commits an offence if he sells an Olympic ticket—
(a)in a public place or in the course of a business, and
(b)otherwise than in accordance with a written authorisation issued by the London Organising Committee.
(2)For the purposes of subsection (1)—
(a)“Olympic ticket” means anything which is or purports to be a ticket for one or more London Olympic events,
(b)a reference to selling a ticket includes a reference to—
(i)offering to sell a ticket,
(ii)exposing a ticket for sale,
(iii)advertising that a ticket is available for purchase, and
(iv)giving, or offering to give, a ticket to a person who pays or agrees to pay for some other goods or services, and
(c)a person shall (without prejudice to the generality of subsection (1)(a)) be treated as acting in the course of a business if he does anything as a result of which he makes a profit or aims to make a profit.
(3)A person does not commit an offence under subsection (1) by advertising that a ticket is available for purchase if—
(a)the sale of the ticket if purchased would be in the course of a business only by reason of subsection (2)(c), and
(b)the person does not know, and could not reasonably be expected to discover, that subsection (2)(c) would apply to the sale.
(4)A person does not commit an offence under subsection (1) (whether actual or inchoate) only by virtue of making facilities available in connection with electronic communication or the storage of electronic data.
(5)Where a person who provides services for electronic communication or for the storage of electronic data discovers that they are being used in connection with the commission of an offence under subsection (1), the defence in subsection (4) does not apply in respect of continued provision of the services after the shortest time reasonably required to withdraw them.
(6)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7)Section 32(2)(b) of the Police and Criminal Evidence Act 1984 (c. 60) (power to search premises) shall, in its application to the offence under subsection (1) above, permit the searching of a vehicle which a constable reasonably thinks was used in connection with the offence.
(8)Subsection (9) applies where a person in Scotland is arrested in connection with the commission of an offence under subsection (1).
(9)For the purposes of recovering evidence relating to the offence, a constable in Scotland may without warrant enter and search—
(a)premises in which the person was when arrested or immediately before he was arrested, and
(b)a vehicle which the constable reasonably believes is being used or was used in connection with the offence.
(10)Subsection (9) is without prejudice to any power of entry or search which is otherwise exercisable by a constable in Scotland.
(11)The London Organising Committee shall make arrangements for the grant of authorisations under subsection (1)(b); and the arrangements may, in particular—
(a)make provision about charges;
(b)enable the Committee to exercise unfettered discretion.
(12)In this section a reference to a London Olympic event includes a reference to an event held by way of a pre-Olympic event in accordance with arrangements made by the London Organising Committee in pursuance of paragraph 7 of the Bye-Law to Rule 49 of the Olympic Charter.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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