The Glasgow Commonwealth Games Act 2008 (Commencement No. 2) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 13th November 2009 certain provisions of the Glasgow Commonwealth Games Act 2008 (“the Act”) as specified in the Schedule.

Section 1 provides for the interpretation of principal terms of the Act.

Section 2(3) empowers the Scottish Ministers to make regulations in respect of trading around Games locations as defined in section 1 and to provide for exemptions from the trading offence created by section 2(1). Section 3 enables regulations to be made to prescribe certain criteria in relation to trading activities, places and prohibited times. Section 4 provides for regulations to be made to authorise trading in prescribed circumstances. Section 5 makes provision in relation to conditions attached to an authorisation granted under section 4. Section 6 enables regulations to prescribe the circumstances in which trading would be permitted without the need for authorisation. Section 9 allows the Organising Committee (as defined in section 1) to issue guidance about trading within the vicinity of Games locations. Section 9(2) allows for regulations to be made to require prescribed persons to inform others of the likely effect of the ban on trading in the vicinity of Games locations and of the trading regulations. The regulation may also require a person who grants a trading licence to inform the licensee of the effect of section 7.

Section 10(2) empowers the Scottish Ministers to make regulations in respect of advertising around Games locations as defined in section 1 and to provide for exceptions to an advertising offence created by section 10(1). Section 11(4) enables regulations to be made to define the “vicinity of a Games location” for the purpose of the advertising offence and to set the times during which the advertising prohibition will apply. Section 12 allows the advertising regulations to prescribe circumstances in which persons may be authorised to advertise in a way which would otherwise constitute an advertising offence. Section 13 makes provision in relation to conditions attached to an authorisation granted under section 12. Section 14 enables the Scottish Ministers to make regulations to prescribe criteria for the circumstances in which advertising would be permitted without the need for authorisation.

Section 16 allows the Organising Committee to issue guidance about advertising within the vicinity of Games locations. It also allows for the advertising regulations to require prescribed persons to inform others of the likely effect of the ban on advertising in the vicinity of Games locations (section 10) and of the advertising regulations.

Section 19 enables regulations to be made to determine circumstances in which use of the internet or other electronic media may or may not constitute a touting offence under section 17.

Section 20(4) empowers the Scottish Ministers to make regulations to limit the amount of any fee charged by the Organising Committee in relation to authorisations to be granted under section 17(4)(b).

Section 21 provides a definition of “enforcement officers”. Subsection (2) restricts the power of designation so that only inspectors of weights and or other individuals who meet criteria to be specified in regulations made under paragraph (b) may be designated.

Section 30(2) enables regulations to be made making provision about claiming compensation, determining the compensation due and for determining which court, tribunal or other body would determine any disputed compensation.

Section 33 allows regulations to be made specifying further procedures which an enforcement officer or constable must follow when carrying out any enforcement activity under sections 22 to 29.

Section 37 makes provision for production of a Games transport plan by the Organising Committee and sets out consultation requirements.

Section 38 enables the making of road traffic orders by the traffic authority. Section 39 allows the traffic authority, by notice, to temporarily restrict or prohibit road use where it is necessary or expedient, to do so without delay. Section 40 makes provisions as to the power of the Scottish Ministers to direct councils as to regulation of road use for Games purposes.

Section 44 sets out the consultation requirements for the Scottish Ministers before making the first trading or advertising regulations under the Act. Section 45 makes provision as to factors to which the Scottish Ministers must have regard to when making the trading or advertising regulations and section 46 requires the Scottish Ministers to give public notice of trading and advertising regulations within prescribed timescales.