The Birmingham Commonwealth Games (Advertising and Trading) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Birmingham Commonwealth Games Act 2020 (“the 2020 Act”) makes it an offence to carry out Games location advertising or to arrange or permit the carrying out of such advertising (section 13 of the 2020 Act). It also makes it an offence to carry out Games location trading or to arrange or permit the carrying out of such trading (section 16 of the 2020 Act).

Section 13(2) of the 2020 Act provides that a person carries out “Games location advertising” if the person does something in, or in the vicinity of, a specified Games location at any time during a specified period, and the thing is done wholly or partly for the purpose of promoting a product, service or business specifically to members of the public who are in, or in the vicinity of, the Games location, or who are watching or listening to a broadcast of a Games event.

Section 16(2) of the 2020 Act provides that a person carries out “Games location trading” if the person carries out trading in a specified Games location at any time during a specified period, or trading in a relevant public place in the vicinity of a Games location at any time during a specified period.

These Regulations specify Games locations and periods for the purposes of section 13 and section 16. They also make provision as to when a person is to be treated (for the purposes of section 13 and section 16) as advertising or trading in, or in the vicinity of, a Games location.

These Regulations also make provision to specify the conduct to which section 13(1) (the advertising offence) and section 16(1) (the trading offence) does not apply.

Regulation 3 and Schedule 1 set out the specified Games locations for the purposes of section 13 and section 16.

Regulation 4 makes provision as to when a person is to be treated as advertising or trading in, or in the vicinity of, a Games location.

The Regulations use the term “relevant map”. Regulation 5 sets out the meaning of “relevant map”. Copies of these maps are included in Schedule 2 and are available by appointment for inspection during normal office hours at:

(a) Department for Digital, Culture, Media and Sport, 100 Parliament Street, Westminster, London, SW1A 2BQ, and

(b) Birmingham Organising Committee for the 2022 Commonwealth Games, One Brindley Place, Birmingham, West Midlands, B1 2JB.

Regulation 6 and Schedule 3 make provision as to the specified periods for each specified Games location and its vicinity.

Regulations 7 to 11 specify exceptions to the advertising offence. Regulation 7 makes provision as to conduct of a charity to which section 13(1) does not apply.

The exceptions in regulation 8 are modelled on provisions of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (the “Town and Country Planning Regulations”). Under regulation 8(1)(a), the advertising offence does not apply to the display of an advertisement within a class of advertisement specified in Schedule 1 to the Town and Country Planning Regulations, provided that the conditions mentioned in paragraph (1)(a) are complied with and subject to paragraph (2). Under regulation 8(1)(b), the advertising offence does not apply to the display of an advertisement within a class of advertisement specified in Part 1 of Schedule 3 to the Town and Country Planning Regulations, subject to paragraph (4) and the conditions and limitations listed in paragraph (1)(b)(ii) and (iii).

Regulation 8 refers to enclosed land or parts of buildings where a sporting event forming part of the Games is taking place, is to take place or has taken place. A list of these places is available on the website of the Birmingham Organising Committee for the 2022 Commonwealth Games ( https://www.birmingham2022.com/ ) or is available in writing on request by writing to the Organising Committee at its office at One Brindley Place, Birmingham, West Midlands, B1 2JB.

Regulations 9 to 11 specify other exceptions to the advertising offence.

Regulations 12 and 13 make provision about exceptions to the trading offence.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.