3Exception for charity auctions(1)

The touting offence does not apply in relation to the sale of a Championship ticket in an auction conducted—

(a)

by a charity, or

(b)

by a person other than a charity, provided that the proceeds of the ticket’s sale are given to a charity.

(2)

In subsection (1), “charity” means—

(a)

a body which is registered—

(i)

in the Scottish Charity Register,

(ii)

in the register kept under section 16 of the Charities Act (Northern Ireland) 2008,

(iii)

in relation to the Republic of Ireland, in the register kept under section 39 of the Charities Act 2009, or

(iv)

in the register kept under section 29 of the Charities Act 2011, or

(b)

a body which—

(i)

is established under the law of any territory outwith Scotland, England, Wales, Northern Ireland or the Republic of Ireland,

(ii)

is managed or controlled wholly or mainly outwith Scotland, England, Wales, Northern Ireland or the Republic of Ireland, and

(iii)

meets the condition mentioned in subsection (3) or the condition mentioned in subsection (4).

(3)

The condition is that the body is registered in a register corresponding to the Scottish Charity Register.

(4)

The condition is that, if there is no such register in the territory where the body is established—

(a)

the body’s purposes consist only of one or more of the charitable purposes mentioned in section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005, and

(b)

the body provides public benefit to be construed in accordance with section 8 of that Act.