UEFA European Championship (Scotland) Act 2026

Prospective

Schedule 3 S Advertising offence: exemptions for certain types of activity

(introduced by section 12(2))

Exemption for demonstrations, etc. S

1 (1) Advertising is exempt from the advertising offence where it is intended to—

(a) demonstrate support for or opposition to the views or actions of any person,

(b) publicise a belief, cause or campaign, or

(c) mark or commemorate an event.

(2) But sub-paragraph (1) does not apply to advertising that promotes or advertises—

(a) a good or service, or

(b) a person or body that provides a good or service.

Commencement Information

I1 Sch. 3 para. 1 not in force at Royal Assent, see s. 39(2)

Exemption for individuals wearing advertising attire, displaying advertisements on their bodies or carrying personal property S

2 (1) Advertising is exempt from the advertising offence where it is engaged in by an individual who is—

(a) wearing—

(i) a costume that is an advertisement, or

(ii) clothing on which an advertisement is displayed,

(b) displaying an advertisement on the individual’s body, or

(c) carrying or holding personal property on which an advertisement is displayed.

(2) But sub-paragraph (1) does not apply where the individual knows or had reasonable cause to believe that the individual is participating in ambush marketing.

(3) The application of this exemption to an individual does not affect the application of section 12(1) to any other person (whether in respect of the same type of advertising or otherwise).

Commencement Information

I2 Sch. 3 para. 2 not in force at Royal Assent, see s. 39(2)

Exemptions modelled on the Town and Country Planning Regulations S

3 (1) Advertising is exempt from the advertising offence where it consists of the display of an advertisement—

(a) to which the Town and Country Planning Regulations do not apply by virtue of regulation 3(1) of those regulations, or

(b) if—

(i) consent for the display of the advertisement is granted by regulation 10(1) of those regulations (deemed consent for display of advertisement), and

(ii) the display or advertisement complies with the conditions set out in schedules 1 and 4 of those regulations.

(2) But the exemption in sub-paragraph (1) does not apply to the display of—

(a) an advertisement described in regulation 3(1)(c) of those regulations (advertisements incorporated in the fabric of a building) if the advertisement is not in existence at the date this paragraph comes into force,

(b) an advertisement described in regulation 3(1)(d) of those regulations (advertisements displayed on enclosed land), if the enclosed land (as defined in regulation 2 of those regulations) on which the advertisement is displayed is—

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

(ii) a bus station (together with its forecourt whether enclosed or not), or

(iii) a sports stadium,

(c) an advertisement mentioned in regulation 3(1)(e) of those regulations (display on or consisting of a balloon),

(d) an advertisement mentioned in regulation 13(1) and (3) of those regulations (advertisements on sites used for the display of advertisements on 16 August 1948),

(e) an advertisement under regulation 19 of those regulations (display of advertisements after expiry of express consent),

(f) an advertisement within Class I(2) if the advertisement—

(i) is not displayed wholly for the purpose of announcement or direction in relation to the functions of the 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,

(g) an advertisement within Class III(4) (certain advertisements of a temporary nature) if the advertisement promotes or advertises—

(i) a good or service,

(ii) a person or body that provides a good or service,

(h) an advertisement within Class III(6) (certain advertisements of a temporary nature: hoardings),

(i) an advertisement within Class V (advertisements within buildings) other than an exempt business advertisement, if the building where the advertisement is displayed—

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

(ii) is a sports stadium.

Commencement Information

I3 Sch. 3 para. 3 not in force at Royal Assent, see s. 39(2)

Exemption for hand-held devices S

4 (1) Advertising that consists of the display of an advertisement on a hand-held device is exempt from the advertising offence unless the advertiser intends the advertisement to be displayed, by means of the device, to the public at large (rather than only to the individual using the device).

(2) In sub-paragraph (1), “hand-held device” means a hand-held mobile telephone or other personal interactive communication device.

Commencement Information

I4 Sch. 3 para. 4 not in force at Royal Assent, see s. 39(2)

Other exemptions S

5 (1) Advertising is exempt from the advertising offence if it constitutes—

(a) displaying an advertisement employed wholly as—

(i) a memorial, or

(ii) a railway signal,

(b) distributing or providing current newspapers,

(c) activity undertaken by Glasgow City Council,

(d) activity undertaken, controlled or restricted by Glasgow Life,

(e) activity undertaken by a UEFA Partner,

(f) an advertisement in existence before the coming into force of this paragraph that remains in existence, and is displayed by or on behalf of an advertiser in relation to a good or service other than a good or service falling within one or more of the product categories mentioned in sub-paragraph (3),

(g) any advertisement in respect of which a contract has been made before the coming into force of this paragraph under the terms of which contract that advertisement may not be cancelled or altered without a financial penalty being payable,

(h) displaying an advertisement on an aircraft for the purposes of—

(i) complying with the law of Scotland or any other country, being law in force in relation to the aircraft,

(ii) securing the safety of the aircraft or any person or property,

(iii) the furtherance, by or on behalf of the Scottish Ministers or a department of the Government of the United Kingdom, by a person acting under any public duty or by a person providing ambulance or rescue services by air, of measures in connection with circumstances existing or imminent at the time the aircraft is used which may cause danger to persons or property, or

(iv) civil defence, military or police purposes,

(i) displaying a mark or inscription (other than an illuminated sign) on the body of an aeroplane or helicopter, or

(j) displaying an advertisement on street furniture provided that the advertisement—

(i) is not illuminated,

(ii) bears only the name, contact details and device (or any one or more of those things) of the manufacturer, owner or operator of the street furniture, and

(iii) is not displayed for the purposes of ambush marketing.

(2) Sub-paragraph (1)(b) does not apply to—

(a) distribution or provision of newspapers in a street if the distribution or provision is done in a manner that causes undue interference or inconvenience to persons using the street, or

(b) distribution of a newspaper if the person distributing the newspaper is participating in ambush marketing by providing the purchaser with an item or advertising supplement accompanying the newspaper.

(3) The product categories referred to in sub-paragraph (1)(f) are—

(a) athletic footwear, sports apparel, sports hardware, footballs, sports accessories,

(b) all alcoholic beverages (spirits, beers, ciders, ales etc.),

(c) all non-alcoholic beverages (water, soft drinks, sport drinks, juices, tea, coffee etc.),

(d) tyres,

(e) payment systems and payment technology,

(f) consumer electronics (TV, mobile phones, tablets etc.) and white goods (fridges, freezers etc.),

(g) automotive vehicles (including associated parts, services and accessories),

(h) mobility systems and services (including vehicle leasing, hiring and rental together with car sharing/pooling and ride hailing/taxi services),

(i) food ordering and delivery services,

(j) telecommunications and internet provider services,

(k) fuel, oil and lubricants,

(l) airline services,

(m) banking services,

(n) draw based games, instant play games, betting and gaming,

(o) accommodation and attraction booking and reservation services,

(p) postal, parcel, cargo, freight, logistics and delivery services,

(q) insurance services,

(r) financial services (including cryptocurrency trading platforms),

(s) food products and food retail (including supermarkets, restaurants and catering),

(t) consumer health and personal care products (including beauty products, grooming products and nutritional supplements),

(u) industrial workwear and supplies,

(v) online e-commerce marketplaces.

Commencement Information

I5 Sch. 3 para. 5 not in force at Royal Assent, see s. 39(2)

Interpretation S

6 (1) In this schedule—

• “displaying an advertisement” includes—

  (a)

  projecting, emitting, screening or exhibiting an advertisement,

  (b)

  carrying or holding an advertisement or an apparatus by which an advertisement is displayed,

  (c)

  providing for an advertisement to be displayed—

  (i)

  on an animal, or

  (ii)

  on apparatus which is carried or held by an animal,

• “exempt business advertisement” 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—

  (a)

  the business carried on,

  (b)

  the goods or services provided, or

  (c)

  the name or qualifications of the person carrying out the business or supplying the goods or services on those premises,

• “forecourt” includes any fence, wall or similar screen or structure enclosing a forecourt and not forming part of the fabric of a building constituting business premises,

• “Glasgow Life” means Culture and Sport Glasgow, a company limited by guarantee, registered in Scotland (number SC313851) and having its registered office at 38 Albion Street, Glasgow G1 1LH,

• “railway station” includes a subway station,

• “the Town and Country Planning Regulations” means the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (S.I. 1984/467).

(2) In this schedule, a reference to a “Class” of advertisement is a reference to the corresponding Class of advertisement in schedule 4 of the Town and Country Planning Regulations.

Commencement Information

I6 Sch. 3 para. 6 not in force at Royal Assent, see s. 39(2)