(1)It is an offence to tout a Games ticket (“the touting offence”).
(2)A person touts a Games ticket if the person does any act falling within subsection (3)—
(a)in a public place,
(b)in relation to the sale, or proposed sale, of a Games ticket for an amount exceeding the ticket’s face value, or
(c)with a view to making a profit.
(3)Acts which fall within this subsection are—
(a)selling a Games ticket,
(b)offering to sell a Games ticket,
(c)exposing a Games ticket for sale,
(d)advertising that a Games ticket is available for purchase,
(e)making a Games ticket available for sale by another person, and
(f)giving away (or offering to give away) a Games 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 acts done—
(a)by the Organising Committee or the Commonwealth Games Federation, or
(b)in accordance with an authorisation given by the Organising Committee.
(5)This section applies to acts done in or outwith Scotland.
(6)The amount payable for a Games 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)(c) 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 a profit.