The London Olympic Games and Paralympic Games (Advertising and Trading) (Wales) Regulations 2012

Exceptions modelled on the 1992 Regulations

9.—(1) Regulation 6 does not apply to advertising activity that consists of the display of an advertisement—

(a) within a Class specified in the first column of Schedule 2 to the 1992 Regulations so long as the display or the advertisement complies with the conditions referred to in regulation 3(2) of those Regulations,

(b) within a Class specified in Part 1 of Schedule 3 to the 1992 Regulations subject to the conditions and limitations referred to in regulation 6(1)(a) and (b) of those Regulations, or

(c) which is an illuminated advertisement on business premises—

(i) to which express consent within the meaning set out in regulation 5(1) of the 1992 Regulations was granted before the date on which these Regulations come into force, and

(ii) that complies with the conditions and limitations specified in paragraphs (2) to (11) of Class 4B in Part 1 of Schedule 3 to the 1992 Regulations.

(2) But this exception does not apply to the display of an advertisement—

(a) within Class A (advertisements on balloons),

(b) within Class B (advertisements displayed on enclosed land) where the enclosed land on which the advertisement is displayed is—

(i) a railway station (and its yards) or bus station (together with its forecourt, whether enclosed or not), or

(ii) enclosed land (including a sports stadium or other building) on or in which a London Olympic Event(1) is taking place or to take place,

(c) within Class D (advertisements incorporated in the fabric of buildings) which was not in existence on the date on which these Regulations came into force,

(d) within Class J (advertisements displayed inside buildings), other than an exempt business advertisement, where the building in which the advertisement is displayed—

(i) is or forms part of a railway station or bus station, or

(ii) is a sports stadium or other building in which a London Olympic Event is taking place or to take place,

(e) within Class 1B (advertisements displayed by local planning authorities) that—

(i) is not displayed wholly for the purpose of announcement or direction in relation to any of the functions of the local planning authority by which it is displayed, and

(ii) is not reasonably required to be displayed for the safe or efficient performance of those functions,

(f) within Class 3D (advertisements announcing local events and activities) that promotes or advertises—

(i) goods or services, or

(ii) a person or body (other than a not-for-profit body) that provides goods or services,

(g) within Class 3F (advertisements relating to travelling circuses, fairs or similar travelling entertainments),

(h) within Class 7B (flags on residential development sites) that does not relate to the development or to a person carrying out the development or an aspect of the development,

(i) within Class 8 (advertisements on hoardings),

(j) within Class 9 (advertisements on highway structures),

(k) within Class 12 (advertisements displayed inside buildings), other than an exempt business advertisement, where the building in which the advertisement is displayed—

(i) is or forms part of a railway station or bus station, or

(ii) is a sports stadium or other building in which a London Olympic Event is taking place or to take place,

(l) within Class 13 (advertisements on sites used for the display of advertisements without express consent),

(m) within Class 14 (advertisements displayed after expiry of express consent).

(3) In this regulation—

(a) “exempt business advertisement” (“hysbysiad busnes esempt”) means an advertisement (whether illuminated or not) displayed on business premises within a building (or a forecourt associated with such premises) that refers wholly to any or all of the following: the business carried on, the goods or services provided or the name or qualifications of the person carrying on the business, or providing the goods or services, on those premises,

(b) a reference to a “Class” (“Dosbarth”) of advertisement is a reference to the corresponding Class of advertisement in Schedule 2 or (as the case may be) 3 to the 1992 Regulations, and

(c) “business premises” (“mangre busnes”) and “forecourt” (“blaengwrt”) have the same meaning as in Schedule 3 to the 1992 Regulations(2).

(4) For the purposes of this regulation—

(a) Part 2 of Schedule 3 to the 1992 Regulations applies for the interpretation of that Schedule,

(b) a reference to a building in Schedule 2 or 3 to the 1992 Regulations is to be construed in accordance with the definition of building in regulation 3 of these Regulations,

(c) a reference to displaying an advertisement (however phrased) in Schedule 2 or 3 to the 1992 Regulations is to be construed in accordance with the definition in regulation 5 of these Regulations, and

(d) a reference to a vehicle in Schedule 2 to the 1992 Regulations includes a bicycle.

(1)

“London Olympic Event” is defined in section 1(3)(b) of the Act.

(2)

See paragraph 1(1) of Part 2 to Schedule 3 to the 1992 Regulations.