The Glasgow Commonwealth Games (Trading and Advertising) (Scotland) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Glasgow Commonwealth Games Act 2008 makes it an offence to trade (other than in a building) in the vicinity of a Games location at a prohibited time (“the trading offence”). It also makes it an offence to advertise in the vicinity of a Games location at a prohibited time (“the advertising offence”). A Games location is a place in which an event is held as part of the Games and any other place used in connection with the Games which is specified by order.

These Regulations make further provision as follows—

Part 1 provides as to introductory matters.

Part 2 excepts certain types of trading from the trading offence, defines what activities will be treated as trading, prescribes circumstances in which the Organising Committee may authorise a person to trade in a way which would otherwise constitute a trading offence, and prescribes circumstances in which trading is permitted without authorisation. In particular—

• regulation 4 specifies what is to be “trading”;

• regulation 5 provides as to prescribed places and prohibited times;

• regulation 7 provides exceptions;

• regulation 8 provides an exception for trading carried out by the master licencee;

• regulation 9 provides that the trading prohibition does not apply to trading activity undertaken in accordance with an authorisation granted by the Organising Committee.

Part 3 excepts certain types of advertising from the advertising offence, prescribes places which are to be treated as being in the vicinity of a Games location for the purpose of the advertising offence, prescribes circumstances in which the Organising Committee may authorise a person to advertise in a way which would otherwise constitute an advertising offence, and prescribes circumstances in which advertising is permitted without authorisation. In particular—

• regulation 11 provides as to prescribed places and prohibited times;

• regulations 13 to 16 provide exceptions including for demonstrations and campaigns etc., for adverts displayed on personal belongings etc. and for certain adverts in relation to which planning controls apply; and

• regulation 17 provides that the advertising prohibition does not apply to advertising activity undertaken or authorised by the Organising Committee.

Schedule 1 defines each event zone by reference to a map. These maps are available on request for inspection during normal office opening hours at the Scottish Government’s offices at Victoria Quay, Edinburgh and Glasgow City Council’s offices at City Chambers, Glasgow. Copies of the maps are set out in Schedule 3.

Schedule 2 states what are the prohibited times in respect of each event zone.

Part 4 enables a person who is dissatisfied with the decision of the Organising Committee, in relation to an application for an authorisation, to seek a review of that decision.