EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes provision which is necessary or expedient in consequence of the Glasgow Commonwealth Games Act 2008 (“the Act”). Section 17 of the Act makes it an offence in the law of Scotland to tout a Commonwealth Games ticket and this applies to acts done in or outwith Scotland. Section 18 provides an exception for certain advertisers. Section 19 enables the Scottish Ministers, by regulations, to specify circumstances in which making facilities available in connection with electronic communications or the storage of data is not capable of constituting an offence under section 17 as it applies in the law of Scotland. Section 20 makes further provision in relation to the authorisation of ticket sales by the Organising Committee under the Act.
Article 3 of this Order makes it an offence (“the touting offence”) under the law of England and Wales and the law of Northern Ireland to tout a Commonwealth Games ticket within the meaning of section 17(2) of the Act in relation to acts done in or outside these areas of the United Kingdom. The Order ceases to have effect on the same day as the Act ceases to have effect.
Article 4 disapplies the offence in relation to acts done by the Organising Committee or the Commonwealth Games Federation, and acts otherwise done in accordance with an authorisation given by the Organising Committee. It also enables the Organising Committee to apply conditions in relation to such authorisations.
Article 5 provides an exception for certain advertisers in the same terms as section 18 of the Act.
Article 6 provides that if an information society service provider based in the United Kingdom does anything in a state (other than, in the United Kingdom, the areas of England and Wales and Northern Ireland) that is a member of the European Economic Area which is capable of constituting the touting offence in England and Wales or Northern Ireland, proceedings for the touting offence may be taken at any place in England, Wales or Northern Ireland in which the conduct in question is capable of constituting the touting offence and may be treated as having been committed at any such place.
Article 7 provides that proceedings for the touting offence cannot be taken against an information society service provider based in a state (other than the United Kingdom) that is a member of the European Economic Area in respect of anything done by the provider in providing that service, unless the derogation and cooperation conditions are met. Articles 8 to 10 specify circumstances involving mere conduit, caching and hosting of information society services which are not capable of constituting the touting offence. These provisions comply with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services in the Internal Market (OJ L 178, 17.7.2000, p.1).