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

Explanatory Note

(This note is not part of the Regulations)

These Regulations control advertising activity and trading activity in and around the Millennium Stadium, Cardiff (the “event zone”) during periods when London 2012 Olympic and Paralympic Games events take place (“event period”).

The Regulations are made under sections 19, 20(1), 22(8), 25, 26(1) and 28(6) of the London Olympic and Paralympic Games Act 2006 (“the Act”). Section 21(1) of the Act makes it an offence to contravene advertising regulations made under section 19 of that Act, and section 27 of the Act provides that it is an offence to contravene trading regulations made under section 25 of that Act.

Part 1 of the Regulations comprises general provisions.

There is one event zone in Wales, the Millennium Stadium zone, which is defined in regulation 3 by reference to the map available for inspection at the offices of the Welsh Government and Cardiff Council. Regulation 3 also defines event period.

Part 2 of the Regulations contains detailed provisions relating to advertising activity in the event zone during an event period.

Regulation 5(1) defines “advertising activity” as displaying an advertisement or distributing or providing promotional material. “Advertisement”, “displaying an advertisement” and “promotional material” are defined in the same regulation. Specific provision is made in regulation 5(3) for advertisements displayed on mobile telephones and other similar devices.

Regulation 6 provides for an advertising prohibition and specifies people who are to be treated as satisfying the criteria for engaging in advertising activity.

Under section 21(2) of the Act, a person charged with an offence under section 21(1) of the Act has a defence if the person proves that the contravention occurred without the person’s knowledge or despite the person taking all reasonable steps to prevent it from occurring or (where the person became aware of it after its commencement) from continuing.

In addition to this defence, regulations 7 to 10 specify exceptions to the advertising prohibition.

The exceptions in regulation 9 are modelled on provisions of the Town and Country Planning (Control of Advertisements) Regulations 1992 (the “1992 Regulations”).

As well as the exceptions specified in regulations 7 to 10, regulation 11 provides that the advertising prohibition does not apply to advertising activity undertaken or controlled by the London Organising Committee of the Olympic Games and Paralympic Games Limited (“LOCOG”), or a person authorised by LOCOG.

LOCOG’s right to engage in advertising activity and any authorisation granted by it are subject to the conditions specified in regulation 11(4), including that the advertiser holds a licence which, in addition to authorisation under regulation 11, is required before that person may engage in advertising activity (whether in a particular place or generally).

Part 3 of the Regulations contains detailed provisions relating to trading activity in the event zone during an event period.

Regulation 12 defines “trading activity” as carrying out one or more of the activities specified in that regulation in an open public place.

Regulation 13 provides for a trading prohibition and specifies people who are to be treated as satisfying the criteria for engaging in trading activity.

Regulation 14 specifies exceptions to the trading prohibition.

In addition to the exceptions specified in regulation 14, regulation 15 provides that the trading prohibition does not apply to trading activity undertaken in accordance with an authorisation granted by the Olympic Delivery Authority (“the ODA”) or a person to whom the function of granting authorisations is delegated by the ODA.

Part 4 of the Regulations makes provision for a person who has applied for an authorisation, and is dissatisfied with the decision of the authoriser, to request the ODA to review that decision.

Part 5 provides for compensation for a person whose property is damaged in the course of the exercise or purported exercise of an enforcement power under section 22 or 28 of the 2006 Act.