Violent Crime Reduction Act 2006 Explanatory Notes

Section 53:  Sale and disposal of tickets by unauthorised persons

286.Section 53 amends section 166 of the Criminal Justice and Public Order Act 1994 to update provisions on the sale and disposal of football match tickets by unauthorised persons to cover ticket touting on the internet and other practices associated with the unauthorised sale and distribution of tickets.

287.Subsection (6) inserts new section 166A into the Criminal Justice and Public Order Act 1994, which is designed to ensure that the offence in section 166 of that Act is compatible with Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 (the electronic commerce directive). New section 166A(1) ensures that the provisions in section 166 do not apply to internet service providers based outside the UK.  Section 166A(2) makes it an offence for an internet service provider established in the UK to sell or otherwise dispose of tickets for designated football matches regardless of where the sale etc takes place.  Section 166A(3) to (5) provides a defence (derived from the electronic commerce directive) in certain circumstances for internet service providers who essentially only transmit or store information.

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