This Part
enables a common set of legislative provisions to be applied to
certain sporting events which are held in the United Kingdom.
A
bill
to
Make provision for enabling a common set of legislative provisions to be applied to major sporting events held in the United Kingdom; to confer power to provide financial assistance in relation to sporting events held in England, Scotland or Northern Ireland; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
This Part
enables a common set of legislative provisions to be applied to
certain sporting events which are held in the United Kingdom.
The provisions that may be applied are—
Schedule 1 (“the ticket touting provisions”),
Schedule 2 (“the advertising provisions”),
Schedule 3 (“the trading provisions”),
Schedule 4 (“the unauthorised association provisions”), and
Schedule 5 (“the transport provisions”).
In this Part —
the Schedules mentioned in
subsection (2)
are referred to collectively
as “the sporting events framework”, and
each of the Schedules mentioned in that subsection is a “part” of that
framework.
The sporting events framework has effect in relation to a sporting event only
if, and to the extent that, it is applied to the event by regulations under
section
2
.
An appropriate national authority may by regulations apply one or more of
the following parts of the sporting events framework to a sporting event—
the ticket touting provisions;
the advertising provisions;
the trading provisions.
The Secretary of State may by regulations apply either or both of the following
parts of the sporting events framework to a sporting event—
the unauthorised association provisions;
the transport provisions.
An appropriate national authority may make regulations under this section
only if it appears to the authority that each of the framework conditions is
met (see
section 3
).
Regulations under
this section
may specify events (whether sporting or
otherwise) which are to be treated for the purposes of
this Part
as forming
part of the sporting event in relation to which the regulations are made.
An event may be so specified only if it is held in connection with the sporting
event.
Regulations under this section are subject to—
the affirmative resolution procedure, or
the made affirmative resolution procedure, if the regulations contain
a statement by the appropriate national authority making them that
the authority considers it necessary for the regulations to be made
urgently.
In this Part—
“
appropriate national authority” means—
the Secretary of State, or
a devolved authority;
“
devolved authority” means—
the Scottish Ministers,
the Welsh Ministers, or
a Northern Ireland department.
The “framework conditions”, in relation to a sporting event, consist of the
following two conditions.
The first condition is that the sporting event is to be held wholly or partly in
the United Kingdom.
The second condition is that—
the sporting event meets the requirements in subsection (4) , or
holding the sporting event in the United Kingdom is likely to facilitate
other sporting events which meet those requirements being held in
the United Kingdom.
The requirements are—
that the event is likely to be of significant international or national
interest,
that the sporting event organiser has asked for the sporting events
framework to be applied, and
that the event is likely to bring social or economic benefits to the
United Kingdom or a part of it.
The following matters (amongst others) may be taken into account in
determining for the purposes of
subsection (4)
whether a sporting event is
likely to be of significant international interest—
the scale and reputation of the event;
the number of persons the authority expects to come to the event from
outside the United Kingdom;
the amount of media coverage the authority expects the event to
receive outside the United Kingdom.
A devolved authority may make regulations under
section 2
(1)
in relation to
a sporting event only if—
the condition in subsection (3) is met, and
in the case of regulations made under
section 2
(1)
(a)
(ticket touting
regulations), the condition in
subsection (4)
is also met.
The condition in
this subsection
is that the regulations contain only provision
which is within devolved competence in relation to the devolved authority.
The condition in this subsection is that—
in the case of regulations made by the Scottish Ministers, the sporting
event (or any part of it) takes place in Scotland;
in the case of regulations made by the Welsh Ministers, the sporting
event (or any part of it) takes place in Wales;
in the case of the regulations made by a Northern Ireland department,
the sporting event (or any part of it) takes place in Northern Ireland.
The regulations must specify—
the period during which the ticket touting provisions apply in relation
to the sporting event;
the part (or parts) of the United Kingdom in relation to which the
ticket touting provisions apply to the sporting event.
The regulations may provide that either or both of the following do not apply
to the sporting event—
paragraph 2 of Schedule 1 (extra-territorial application);
Part 2 of Schedule 1 (financial penalties).
The regulations must designate one or more persons to grant authorisations
under
paragraph 3
of
Schedule 1
(“ticketing authorisations”) in relation to
the sporting event.
A person may be designated by virtue of subsection (1) only if they are—
the person making the regulations, or
any other person considered suitable to grant ticketing authorisations
in relation to the sporting event.
Where the regulations designate a person of the kind mentioned in
subsection
(2)
(b)
, the designation may be subject to conditions.
Conditions imposed by virtue of subsection
(3)
may, in particular, require
the person to—
maintain a register containing information about ticketing
authorisations granted by the person in relation to the sporting event;
arrange for any such register to be made available to the public.
The regulations may specify in relation to the sporting event descriptions of
activities in relation to which the ticket touting offence does not apply.
Descriptions of activities specified by virtue of
subsection (1)
may, in
particular, include activities carried out by, or on behalf of, a specified person
or specified description of person (including, for example, activities carried
out by charities for charitable purposes).
For other exceptions, see—
paragraph 1
(5)
of
Schedule 1
(exception for designated authorising
person);
section 19 (exceptions for internet service providers).
This section and sections 9 and 10 apply in relation to regulations under section 2 (1) which apply the advertising provisions to a sporting event.
The regulations must specify in relation to the sporting event—
places, or descriptions of places, that are to be restricted advertising
zones in relation to the sporting event, and
periods during which the advertising provisions apply in relation to
each of those places.
A place, or description of place, may be specified in accordance with subsection (2) (a) only if the following two conditions are met.
The first condition is that the place—
is to be used for the sporting event,
is otherwise to be used in connection with the sporting event, or
is in the vicinity of a place, or description of a place, of the kind
mentioned in
paragraph (a)
or
(b)
.
The second condition is that—
if the regulations are made by the Scottish Ministers, the place is
located only in Scotland;
if the regulations are made by the Welsh Ministers, the place is located
only in Wales;
if the regulations are made by a Northern Ireland department, the
place is located only in Northern Ireland.
A period specified in accordance with subsection (2) (b) must—
begin no earlier than 10 days before the day on which the sporting
event begins, and
end no later than 5 days after the day on which the sporting event
ends.
The regulations may make provision as to when a person is, or is not, to be
treated for the purposes of the advertising provisions as doing something in,
or as being in, a restricted advertising zone in relation to the sporting event.
The regulations may—
make further provision about the giving of fixed penalty notices under Part 2 of Schedule 2 in relation to the sporting event;
provide for that Part not to apply to the sporting event.
The further provision mentioned in
subsection (8)
(a)
may, in particular, relate
to—
the form and content of a fixed penalty notice;
the methods by which a fixed penalty may be paid in pursuance of a
fixed penalty notice;
matters that must be taken into account in determining any amount
specified in a fixed penalty notice by virtue of
paragraph 3
(3)
(b)
of
Schedule 2
(higher amount of fixed penalty).
References in this section to a “place” include Crown land.
The regulations may designate one or more persons to grant authorisations
under
paragraph 2
of
Schedule 2
(“advertising authorisations”) in relation to
the sporting event.
A person may be designated by virtue of subsection (1) only if they are—
the person making the regulations, or
any other person considered suitable to grant advertising authorisations
in relation to the sporting event.
Where the regulations designate a person of the kind mentioned in
subsection
(2)
(b)
, the designation may be subject to conditions.
Conditions imposed by virtue of
subsection (3)
may, in particular, require
the person to—
maintain a register containing information about advertising
authorisations granted by the person in relation to the sporting event;
arrange for any such register to be made available to the public;
provide reports to the appropriate national authority making the
regulations about advertising authorisations granted by the person in
relation to the sporting event.
The regulations may specify in relation to the sporting event descriptions of
activities in relation to which the advertising offence does not apply.
Descriptions of activities specified by virtue of
subsection (1)
may, in
particular, refer to activities—
carried out for a specified purpose;
carried out in a specified place or specified description of place;
carried out by a specified person or specified description of person;
carried out in a specified way;
complying with any enactment relating to the control of advertising.
The activities mentioned in
subsection (2)
(a)
may, among other things, include
advertising wholly or partly carried out for the purpose of promoting charities
or services provided by charities.
The activities mentioned in
subsection (2)
(c)
may, among other things, include
advertising carried out by, or on behalf of, a person designated by the
regulations to grant advertising authorisations in relation to the sporting
event.
The activities mentioned in
subsection (2)
(d)
may, among other things, include
advertising communicated by means of a mobile telephone or any other
electronic communications device.
Before making regulations which contain the provision mentioned in
subsection (1)
, the appropriate national authority making the regulations must
consult—
the local authority for each area which includes a place that is to be
a restricted advertising zone in relation to the sporting event;
any other person the appropriate national authority considers it
appropriate to consult.
For other exceptions, see section 19 (exceptions for internet service providers).
In this section—
“
electronic communications device” means any device that is capable of
receiving information by electronic means;
“
enactment” includes—
an enactment contained in subordinate legislation (as defined
in
section 21
of the
Interpretation Act 1978
);
an enactment contained in, or in an instrument made under,
an Act of the Scottish Parliament;
an enactment contained in, or in an instrument made under,
a Measure or Act of Senedd Cymru;
an enactment contained in, or in an instrument made under,
Northern Ireland legislation;
This section and sections 12 and 13 apply in relation to regulations under section 2 (1) which apply the trading provisions to a sporting event.
The regulations must specify—
places, or descriptions of places, that are to be restricted trading zones
in relation to the sporting event, and
periods during which the trading provisions apply in relation to each
of those places.
A place, or description of place, may be specified in accordance with subsection (2) (a) only if the following two conditions are met.
The first condition is that the place—
is to be used for the sporting event,
is otherwise to be used in connection with the sporting event, or
is in the vicinity of a place, or description of a place, of the kind
mentioned in
paragraph (a)
or
(b)
.
The second condition is that—
if the regulations are made by the Scottish Ministers, the place is
located only in Scotland;
if the regulations are made by the Welsh Ministers, the place is located
only in Wales;
if the regulations are made by a Northern Ireland department, the
place is located only in Northern Ireland.
A period specified in accordance with subsection (2) (b) must—
begin no earlier than 10 days before the day on which the sporting
event begins, and
end no later than 5 days after the day on which the sporting event
ends.
The regulations may make provision in relation to the sporting event as to
when a person is, or is not, to be treated for the purposes of the trading
provisions as doing something in, or as being in, any part of a restricted
trading zone.
The regulations may—
make further provision about the giving of fixed penalty notices under Part 2 of Schedule 3 in relation to the sporting event, or
provide for that Part not to apply to the sporting event.
The further provision mentioned in
subsection (8)
(a)
may, in particular, relate
to—
the form and content of a fixed penalty notice;
the methods by which a fixed penalty may be paid in pursuance of a
fixed penalty notice;
matters that must be taken into account in determining any amount
specified in a fixed penalty notice by virtue of
paragraph 4
(3)
(b)
of
Schedule 3
(higher amount of fixed penalty).
References in this section to a “place” include Crown land.
The regulations may designate one or more persons to grant authorisations
under
paragraph 2
of
Schedule 3
(“trading authorisations”) in relation to the
sporting event.
A person may be designated by virtue of subsection (1) only if they are—
the person making the regulations, or
any other person considered suitable to grant trading authorisations
in relation to the sporting event.
Where the regulations designate a person of the kind mentioned in
subsection
(2)
(b)
, the designation may be subject to conditions.
Conditions imposed by virtue of
subsection (3)
may, in particular, require
the person to—
maintain a register containing information about trading authorisations
granted by the person in relation to the sporting event;
arrange for any such register to be made available to the public;
provide reports to the appropriate national authority making the
regulations about trading authorisations granted by the person in
relation to the sporting event.
The regulations may specify in relation to the sporting event descriptions of
activities in relation to which the trading offence does not apply.
Descriptions of activities specified by virtue of
subsection (1)
may, in
particular, refer to activities—
carried out in relation to products or services of a specified description;
carried out in, or in relation to, a specified place or specified
description of place;
carried out by, or on behalf of, a specified person or specified
description of person;
directed at a specified person or specified description of person;
carried out in a specified way.
The activities mentioned in
subsection (2)
(a)
may, among other things,
include—
providing a public service, facility or amenity;
providing a transport service;
selling, or providing services relating to, motor vehicles.
The activities mentioned in
subsection (2)
(b)
may, among other things, include
activities carried out by a person designated by the regulations to grant trading
authorisations in relation to the sporting event.
Before making regulations which contain the provision mentioned in
subsection (1)
, the appropriate national authority making the regulations must
consult—
the local authority for each area that includes a place that is to be a
restricted trading zone in relation to the sporting event, and
any other person the appropriate national authority considers it
appropriate to consult.
For other exceptions, see—
paragraph 3 of Schedule 3 (premises adjoining a highway);
section 19 (exceptions for internet service providers).
In this section, “restricted trading zone” means a place specified or described
in the regulations as required by
section 11
(2)
(a)
.
This section
and
sections 15
and
16
apply in relation to regulations under
section 2
(2)
which apply the unauthorised association provisions to a sporting
event.
The regulations must specify—
the period during which the unauthorised association provisions apply
in relation to the sporting event, and
the date that is the relevant protection date for the purposes of
paragraph 3
of
Schedule 4
in relation to the sporting event (and that
date may be a date before the date on which the regulations are made).
The regulations must designate one or more persons to enforce the prohibition
on unauthorised association in relation to the sporting event.
Designation by virtue of
subsection (3)
may be subject to conditions (including,
in particular, conditions requiring that functions exercisable by virtue of a
person being so designated be exercised in compliance with any directions
given by the Secretary of State).
The regulations may—
make provision as to what is, or is not, to be treated as the use of a
representation in relation to the sporting event;
specify words or expressions, or combinations of words or expressions,
the use of which must be taken into account in determining whether
the prohibition on unauthorised association has been breached in
relation to the sporting event;
provide examples of an association between the sporting event and a
person providing goods or services (in addition to the examples set
out in
paragraph 1
(2)
of
Schedule 4
).
In
subsection (5)
, “use”, in relation to a representation, is to be read in
accordance with
paragraph 1
(3)
of
Schedule 4
.
The regulations must designate one or more persons to grant authorisations
under
paragraph 2
of
Schedule 4
(“association authorisations”) in relation to
the sporting event.
A person may be designated by virtue of subsection (1) only if they are—
the Secretary of State, or
any other person considered suitable to grant association authorisations
in relation to the sporting event.
Where the regulations designate a person of the kind mentioned in
subsection
(2)
(b)
, the designation may be subject to conditions.
Conditions imposed by virtue of
subsection (3)
may, in particular, require
the person to—
maintain a register containing information about association
authorisations granted by the person in relation to the sporting event;
arrange for any such register to be made available to the public.
The regulations may specify in relation to the sporting event descriptions of
activities in relation to which the prohibition on unauthorised association
does not apply.
Descriptions of activities specified by virtue of
subsection (1)
may, in
particular, include activities carried out by, or on behalf of, a specified person
or specified description of person.
For other exceptions, see—
paragraph 3 of Schedule 4 (exceptions to prohibition);
section 19 (exceptions for internet service providers).
Regulations under
section 2
(2)
which apply the transport provisions to a
sporting event may designate one or more local traffic authorities for the
purposes of
paragraph 3
of
Schedule 5
(concurrent exercise of powers of a
designated local transport authority).
The regulations may designate a local traffic authority by virtue of this section
only if the authority consents to the designation.
In this section “local traffic authority” has the meaning given by
paragraph
5
(2)
of
Schedule 5
.
An offence under this Part may be enforced in relation to a sporting event
by an enforcement authority.
Each of the following is an enforcement authority for the purposes of this
Part—
a local weights and measures authority in Great Britain;
the Department for the Economy in Northern Ireland;
in the case of the ticket touting offence, the Competition and Markets
Authority;
For investigatory and enforcement powers available to an enforcement
authority in relation to an offence under this Part, see
Schedule 5
to the
Consumer Rights Act 2015
.
Schedule 6
contains further provision about the investigatory and enforcement
powers which are available to an enforcement authority in relation to an
offence under this Part.
See also Part 3 of the Digital Markets, Competition and Consumers Act 2024 for further enforcement powers available to an enforcement authority in relation to the ticket touting offence.
Nothing in
this section
authorises an enforcement authority to bring
proceedings in Scotland for an offence.
A local weights and measures authority in England or Wales may exercise a
power conferred by this Part in a part of England or Wales that is outside
that authority’s area.
A local weights and measures authority in Scotland may exercise a power
conferred by this Part in a part of Scotland that is outside that authority’s
area.
In this section “public authority” means a person who exercises functions of
a public nature.
An internet service provider does not engage in prohibited conduct by—
providing access to a communication network, or
transmitting, in a communication network, information provided by
a user, if the provider does not—
initiate the transmission,
select the recipient of the transmission, or
select or modify the information contained in the transmission.
The references in
subsection (1)
to providing access to, or transmitting
information in, a communication network include storing the information
transmitted so far as the storage—
is automatic, intermediate and temporary,
is solely for the purpose of carrying out the transmission in the
network, and
is for no longer than is reasonably necessary for the transmission.
An internet service provider does not engage in prohibited conduct by storing
information provided by a user for transmission in a communication network
if the first and second conditions are met.
The first condition is that the storage of the information—
is automatic, intermediate and temporary, and
is solely for the purpose of making more efficient the onward
transmission of the information to other users at their request.
The second condition is that the internet service provider—
does not modify the information,
complies with any conditions attached to having access to the
information, and
upon knowing of a matter within
subsection (6)
, promptly removes
the information or disables access to it.
The matters within this subsection are—
that the information at the initial source of the transmission has been
removed from the communication network,
that access to it has been disabled, or
that a court or administrative authority has ordered the removal from
the network of, or the disablement of access to, the information.
An internet service provider does not engage in prohibited conduct by storing
information provided by a user if—
when the information was provided, the provider did not know that
its provision was prohibited conduct, and
upon knowing that the provision of the information is prohibited
conduct, the provider promptly removed the information or disabled
access to it.
Subsection (7)
does not apply if the user is acting under the authority or
control of the internet service provider.
In this section—
“
internet service” has the meaning given by
section 228
of the
Online
Safety Act 2023
(and section 204(1) of that Act applies);
“
internet service provider” means a provider of—
an internet service, or
a service that provides access to the internet;
“
prohibited conduct” means conduct which constitutes—
the ticket touting offence;
the advertising offence;
the trading offence;
a breach of the prohibition on unauthorised association;
“
user”, in relation to an internet service provider, means a user of a
service provided by the internet service provider.
Where an offence under this Part committed by a body corporate is proved—
to have been committed with the consent or connivance of a relevant
officer of the body corporate, or
to be attributable to neglect on the part of an officer of the body
corporate,
the officer (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member, in connection with the member’s functions of management, as if the member were an officer of the body corporate.
If an offence under
this Part
committed by a partnership in Scotland is
proved—
to have been committed with the consent or connivance of a partner,
or
to be attributable to neglect on the partner’s part,
the partner (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
If a body corporate, or partnership in Scotland, commits the ticket touting
offence by virtue of
paragraph 2
of
Schedule 1
(ticket touting offence:
extra-territorial application),
subsections (1)
to
(3)
apply only in respect of a
person who is a UK person.
Any penalty imposed by a court in Scotland on a body corporate or
partnership in Scotland on conviction of an offence under
this Part
is to be
recoverable by civil diligence in accordance with
section 221
of the
Criminal
Procedure (Scotland) Act 1995
.
In this section —
“
officer”, in relation to a body corporate, means—
a director, manager, secretary or other similar officer of the
body;
any person purporting to act in such a capacity;
“
partner” includes any person purporting to act in that capacity.
An appropriate national authority may by regulations modify the amounts
mentioned in—
paragraph 3 (3) of Schedule 2 ;
paragraph 4 (3) of Schedule 3 .
An amount modified under subsection (1) must not exceed £1,000.
Before making regulations under
subsection (1)
, the Secretary of State must
obtain the consent of a devolved authority if the regulations contain provision
which would be within devolved competence in relation to that authority.
Regulations made by a devolved authority under
subsection (1)
may contain
only provision which is within devolved competence in relation to that
authority.
The Secretary of State may by regulations amend a relevant amount for the
purpose of reflecting changes in the value of money.
“Relevant amount” means an amount for the time being mentioned in—
paragraph 4 (2) of Schedule 1 ;
paragraph 3 (3) of Schedule 2 ;
paragraph 4 (3) of Schedule 3 .
The reference to “modify” in
subsection (1)
, in relation to regulations made
by the Secretary of State under
that subsection
, includes amend.
Regulations under this section are subject to the negative resolution procedure.
Regulations under
section 2
which apply the advertising provisions or the
trading provisions to a sporting event must include provision for guidance
or other information to be provided about the application of those provisions
to the sporting event by virtue of the regulations.
Regulations under
section 2
which apply any other part of the sporting events
framework to a sporting event may include provision for guidance or other
information to be provided about the application of that part of the framework
to the sporting event by virtue of the regulations.
may require persons of a specified description to provide the guidance
or other information;
may require the guidance or other information to address such matters,
and be provided in accordance with such requirements, as may be
provided for in the regulations;
may require the guidance or other information to be provided to
persons of a specified description.
Schedule 5
to the
Consumer Rights Act 2015
(investigatory powers etc) is
amended as follows.
In paragraph 3 (domestic enforcers), in sub-paragraph (1) —
in
paragraph (j)
, the words from “to whom” to the end become
sub-paragraph (i) of that paragraph;
“, or
(ii)
who is designated by regulations made by virtue
of section 18 (2) (d) of the Sporting Events Act 2026.”
In
paragraph 10
(duties and powers to which Schedule 5 applies), at the
appropriate place insert “section 18(1) of the Sporting Events Act 2026;”.
The
Digital Markets, Competition and Consumers Act 2024
is amended as
follows.
In
Part 1
of
Schedule 15
(consumer protection enactments), insert at the
“Paragraph
1
of
Schedule
(1) The following public designated enforcers—
(a) the CMA;
(b) every local weights and measures authority
in Great Britain;
(c) the Department for the Economy in Northern
Ireland.”
appropriate place—
1
to the Sporting Events
Act 2026
In
Schedule 16
(direct enforcement enactments), insert at the appropriate
“Sporting Events Act 2026
place—
In this Part —
“
advertising” means anything done wholly or partly for the purpose of
promoting a product, service or business to the public;
“
advertising licence” means a licence permitting the carrying out of
advertising (other than an authorisation granted under
paragraph 2
of
Schedule 2
);
“
the advertising offence” means the offence under
paragraph 1
of
Schedule 2
;
“
building” includes any part of a building;
“
business” includes a trade, craft or profession;
“
charity”—
in relation to England and Wales, has the meaning given in section 1 (1) of the Charities Act 2011 ;
in relation to Scotland, means a body entered in the Scottish
Charity Register, (see section 3 of the Charities and Trustee
Investment (Scotland) Act 2005) (asp 10));
in relation to Northern Ireland, has the meaning given in
section 1
(1)
of the
Charities Act (Northern Ireland) 2008
(c. 12
(N.I.)), and includes an institution treated as such a charity for
the purposes of that Act by virtue of the Charities Act 2008
(Transitional Provision) Order (Northern Ireland) 2013 (S.R.
(N.I.) 2013 No. 211),
and, in relation to such a charity, body or institution, “charitable purpose” has the meaning given in the relevant Act;
“
Crown interest” means any of the following—
an interest belonging to His Majesty in right of the Crown;
an interest belonging to a United Kingdom government
department or held in trust for His Majesty for the purposes
of a United Kingdom government department;
“
Crown land” means any land or building in which there is a Crown
interest or a Duchy interest;
“
document” includes information recorded in any form;
“
Duchy interest” means an interest belonging to His Majesty in right of
the Duchy of Lancaster or belonging to the Duchy of Cornwall;
“
enforcement authority” has the meaning given in
section 18
(2)
;
“
goods” includes their packaging;
“
licence” includes any kind of consent, certificate, permission or authority
(by whatever name);
“
local authority” means—
in relation to England—
a county council;
a London borough council;
the Common Council of the City of London (in its
capacity as a local authority);
the Sub-Treasurer of the Inner Temple;
the Under Treasurer of the Middle Temple;
the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough
council;
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
in relation to Northern Ireland, a district council;
“
local traffic authority” has the meaning given by
section 121A
of the
Road Traffic Regulation Act 1984
;
“
motor vehicle” has the same meaning as in the
Road Traffic Act 1988
(see section 185(1) of that Act);
“
part”, in relation to the United Kingdom, means—
England;
Scotland;
Wales;
Northern Ireland;
“
product” includes—
any substance;
any animal or plant;
“
the prohibition on unauthorised association” means the prohibition in
paragraph 1
of
Schedule 4
;
“
the public” includes a section of the public;
“
specified”, in relation to regulations made under
this Part
, means
specified in the regulations;
“
the ticket touting offence” means the offence under
paragraph 1
of
Schedule 1
;
“
trading activity” has the meaning given in
paragraph 1
(2)
of
Schedule
3
;
“
trading licence” means a licence permitting the carrying out of a trading
activity (other than an authorisation granted under
paragraph 2
of
Schedule 3
);
“
the trading offence” means the offence under
paragraph 1
of
Schedule
3
;
“
UK national” means—
a British citizen, a British overseas territories citizen, a British
National (Overseas) or a British Overseas citizen;
a person who is a British subject under the
British Nationality
Act 1981
;
a British protected person within the meaning of that Act ;
“
UK person” means—
a UK national;
an individual habitually resident in the United Kingdom;
a body incorporated under the law of a part of the United
Kingdom;
a partnership in Scotland;
References in
this Part
to a “sporting event” include any opening or closing
ceremony of the event.
For the purposes of this Part , provision is “within devolved competence”—
in relation to the Scottish Ministers, if it would be within the legislative
competence of the Scottish Parliament if it were contained in an Act
of that Parliament;
in relation to the Welsh Ministers, if it would be within the legislative
competence of Senedd Cymru if it were contained in an Act of the
Senedd (ignoring any requirement for the consent of a Minister of the
Crown imposed under
Schedule 7B
to the
Government of Wales Act
2006
);
in relation to a Northern Ireland department, if it—
would be within the legislative competence of the Northern
Ireland Assembly if it were contained in an Act of that
Assembly, and
would not, if it were contained in a Bill in the Northern Ireland
Assembly, result in the Bill requiring the consent of the
Secretary of State under
section 8
of the
Northern Ireland Act
1998
.
The appropriate national authority may give financial assistance to any
person—
for the purpose of supporting a sporting event that takes place wholly
or partly in a relevant part of the United Kingdom;
for any other purpose connected to, or arising from, such an event.
In the case of a sporting event that takes place partly in a relevant part of
the United Kingdom, the power under subsection
(1)
may be exercised only—
for the purpose of supporting the part of the sporting event that takes
place in that part of the United Kingdom;
for any other purpose connected to, or arising from, that part of the
sporting event.
Financial assistance under subsection (1) may be given—
by way of grants, loans, guarantees or indemnities or in any other
form;
subject to conditions (which may include conditions about repayment
with or without interest or other return);
under a contract.
The power under
subsection (1)
is in addition to (and does not limit or replace)
any other power of the appropriate national authority to give financial
assistance.
In this section—
“
the appropriate national authority” means—
in relation to England, the Secretary of State;
in relation to Scotland, the Scottish Ministers;
in relation to Northern Ireland, a Northern Ireland department;
“
relevant part of the United Kingdom” means—
England, where the appropriate national authority is the
Secretary of State;
Scotland, where the appropriate national authority is the
Scottish Ministers;
Northern Ireland, where the appropriate national authority is
a Northern Ireland department.
The Secretary of State may by regulations make provision that is consequential
on this Act.
Regulations under this section may amend, repeal or revoke provision made
by or under an Act passed—
before this Act, or
later in the same session of Parliament as this Act.
Regulations under this section are subject to the affirmative resolution
procedure if they amend or repeal provision made by an Act.
Otherwise, regulations under this section are subject to the negative resolution
procedure.
A power to make regulations under this Act includes power to—
make consequential, supplementary, incidental, transitional or saving
provision;
make different provision for different purposes or areas;
confer functions on a person (including functions involving the exercise
of a discretion).
Regulations made under this Act by the Secretary of State are to be made by
statutory instrument.
Regulations made under this Act by the Welsh Ministers are to be made by
Welsh statutory instrument (see section 37A of the Legislation (Wales) Act
2019 (anaw 4)).
For regulations made under this Act by the Scottish Ministers, see
section 27
of the
Interpretation and Legislative Reform (Scotland) Act 2010
(asp 10)
(definition of “Scottish statutory instrument”).
Any power of a Northern Ireland department to make regulations under this
Act is exercisable by statutory rule for the purposes of the
Statutory Rules
(Northern Ireland) Order 1979
(
S.I. 1979/1573 (N.I. 12)
).
Where regulations under this Act are “subject to the affirmative resolution
procedure”, the regulations—
if they are to be made by the Secretary of State, may not be made
unless a draft of the statutory instrument containing them has been
laid before, and approved by a resolution of, each House of Parliament;
if they are to be made by the Welsh Ministers, are subject to the Senedd
approval procedure (see
section 37C
of the
Legislation (Wales) Act
2019
(anaw 4));
if they are to be made by the Scottish Ministers, are subject to the
affirmative procedure (see
section 29
of the
Interpretation and
Legislative Reform (Scotland) Act 2010
(asp 10));
if they are to be made by a Northern Ireland department, may not be
made unless a draft of the regulations has been laid before, and
approved by a resolution of, the Northern Ireland Assembly.
Where regulations under this Act are “subject to the negative resolution
procedure”—
if the regulations are made by the Secretary of State, the statutory
instrument containing them is subject to annulment in pursuance of
a resolution of either House of Parliament;
if the regulations are made by the Welsh Ministers, they are subject
to the Senedd annulment procedure (see
section 37E
of the
Legislation
(Wales) Act 2019
(anaw 4));
if the regulations are made by the Scottish Ministers, they are subject
to the negative procedure (see
section 28
of the
Interpretation and
Legislative Reform (Scotland) Act 2010
(asp 10));
if the regulations are made by a Northern Ireland department, they
are subject to negative resolution within the meaning of
section 41
(6)
of the
Interpretation Act (Northern Ireland) 1954
(c. 33 (N.I.)) as if
they were a statutory instrument within the meaning of
that Act
.
Where regulations under this Act are “subject to the made affirmative
resolution procedure”—
if the regulations are made by the Secretary of State—
the statutory instrument containing them must be laid before
Parliament as soon as reasonably practicable after being made,
and
the regulations cease to have effect at the end of the period of
40 days beginning with the day on which the instrument is
made unless, during that period, the instrument is approved
by a resolution of each House of Parliament;
if the regulations are made by the Welsh Ministers—
they are subject to the Senedd confirmation procedure (see
section 37D of the Legislation (Wales) Act 2019), and
they cease to have effect at the end of the period of 40 days
beginning with the day on which the regulations are made
unless, during that period, the regulations are confirmed by a
resolution of the Senedd;
if the regulations are made by the Scottish Ministers—
section 30 of the Interpretation and Legislative Reform
(Scotland) Act 2010 does not apply to the regulations,
the Scottish statutory instrument containing them must be laid
before the Scottish Parliament as soon as reasonably practicable
after being made, and
the regulations cease to have effect at the end of the period of
40 days beginning with the day on which the instrument is
made unless, during that period, the instrument is approved
by a resolution of the Scottish Parliament;
if the regulations are made by a Northern Ireland department—
they must be laid before the Northern Ireland Assembly as
soon as reasonably practicable after being made, and
they cease to have effect at the end of the period of 40 days
beginning with the day on which they are made unless, during
that period, the regulations are approved by a resolution of
the Assembly.
In calculating the period of 40 days—
in the case of regulations made by the Secretary of State, no account
is to be taken of any time during which—
Parliament is dissolved or prorogued, or
either House of Parliament is adjourned for more than four
days;
in the case of regulations made by the Welsh Ministers, no account is
to be taken of any time during which the Senedd is—
dissolved, or
in recess for more than four days;
in the case of regulations made by the Scottish Ministers, no account
is to be taken of any time during which the Scottish Parliament is—
dissolved, or
in recess for more than four days;
in the case of regulations made by a Northern Ireland department, no
account is to be taken of any time during which the Northern Ireland
Assembly is—
dissolved,
in recess for more than 4 days, or
adjourned for more than 6 days.
If regulations cease to have effect as a result of subsection (8) that does not—
affect the validity of anything previously done under the regulations,
or
prevent the making of new regulations.
Any provision that may be made in regulations under this Act subject to the
negative resolution procedure may be made in regulations subject to the
affirmative resolution procedure or the made affirmative resolution procedure.
If a draft of a statutory instrument containing regulations under this Act made
by the Secretary of State would, apart from
this subsection
, be treated for the
purposes of the standing orders of either House of Parliament as a hybrid
instrument, it is to proceed in that House as if it were not a hybrid instrument.
This Act extends to England and Wales, Scotland and Northern Ireland, subject
to
subsection (2)
.
Any amendment made by this Act has the same extent as the provision
amended.
This Act comes into force at the end of the period of two months beginning with the day on which it is passed.
This Act may be cited as the Sporting Events Act 2026.
It is an offence for a person to tout an event ticket in the relevant area at
any time during the specified period.
A person “touts” an event ticket if the person carries out an unauthorised
ticketing activity—
in a public place,
in the course of a business, or
with a view to any person making a profit.
The following are “ticketing activities”—
selling an event ticket;
offering to sell an event ticket;
exposing for sale an event ticket;
advertising that an event ticket is available for purchase.
A ticketing activity is “unauthorised” if it is carried out otherwise than in
accordance with an authorisation granted under
paragraph 3
.
An offence under
this paragraph
cannot be committed by a designated
authorising person.
A person guilty of an offence under this paragraph is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Northern Ireland, to a fine not exceeding
£50,000.
A person guilty of an offence under this paragraph in Scotland is liable—
on summary conviction, to a fine not exceeding £20,000;
on conviction on indictment, to a fine.
See also
paragraph 2
which provides for when certain persons commit an
offence under
this paragraph
in relation to activities carried out outside
the relevant area.
This paragraph and paragraph 2 are subject to—
exceptions contained in regulations made by virtue of
section 7
in
relation to the sporting event (power to provide for further
exceptions);
section 19 (exceptions for internet service providers).
For the purposes of this paragraph —
references to an event ticket are to anything that is or purports to
be a ticket to the sporting event including, in the case of a sporting
event consisting of two or more sporting events, any of those events;
the reference to carrying out an activity “in a public place” includes
carrying out an activity by communicating to the public by means
of an internet service;
a reference to the sale of an event ticket includes a reference to the
giving of an event ticket to a person who pays, or agrees to pay,
for other goods or services; and the reference to “advertising that
an event ticket is available for purchase” is to be read accordingly.
A UK person commits an offence under
paragraph 1
if the person carries
out an activity outside the relevant area which, if carried out in that area,
would constitute an offence under that paragraph.
A non-UK person commits an offence under paragraph 1 if—
the person carries out an activity outside the relevant area which,
if carried out in that area, would constitute an offence under that
paragraph,
the activity is carried out in the course of a business, and
the UK connection condition is met.
The UK connection condition is met if—
the person carries on business in the United Kingdom, or
the activity the person carries out is, by any means or to any extent,
directed to persons in the United Kingdom.
Where a person commits an offence under
paragraph 1
by virtue of this
paragraph, proceedings for the offence may be taken, and the offence may
for incidental purposes be treated as having been committed, in the relevant
area.
In the application of
sub-paragraph (4)
to Scotland, proceedings before the
sheriff against a person may be taken—
in the sheriff court district in which the person is apprehended or
in custody, or
in such sheriff court district as the Lord Advocate may determine.
In
sub-paragraph (5)
“sheriff court district” is to be read in accordance with
the
Criminal Procedure (Scotland) Act 1995
(see section 307(1) of that Act).
In this paragraph “non-UK person” means a person other than a UK person.
A designated authorising person may authorise a person to carry out
ticketing activities.
An authorisation granted under this paragraph may—
be granted in respect of a person or a description of person;
be subject to conditions;
be varied or revoked.
In determining whether or not to grant an authorisation under this
paragraph, the designated authorising person may have regard to, among
other things, any agreements entered into (whether by the appropriate
national authority or another person) for the purposes of the sporting event.
An authorisation granted under this paragraph must be in writing.
A relevant enforcement authority may impose a financial penalty on a
person if satisfied beyond reasonable doubt that the person has committed
an offence under
paragraph 1
in relation to the sporting event.
The amount of the financial penalty is to be determined by the authority
imposing it, but must not be more than £20,000.
In determining the amount of the penalty, the authority must have regard
to the following matters—
whether the person has previously been convicted of an offence
under
paragraph 1
(whether or not in relation to the sporting event);
whether a financial penalty has previously been imposed on the
person under this paragraph (whether or not in relation to the
sporting event);
the degree of harm which the authority considers has, or may have,
been caused by the conduct;
the extent to which the authority considers the person may have
gained a financial benefit as a result of the conduct;
the extent to which the penalty would have a deterrent effect.
Only one financial penalty may be imposed in respect of the same conduct.
No financial penalty may be imposed in respect of any conduct if—
the person has been convicted of an offence under
paragraph 1
in
respect of the same conduct,
criminal proceedings for an offence under
paragraph 1
in respect
of the same conduct have been instituted against the person and
the proceedings have not been concluded, or
criminal proceedings for an offence under
paragraph 1
in respect
of the same conduct have been concluded and the person has not
been convicted.
A person may not be convicted of an offence under
paragraph 1
if a
financial penalty has been imposed under this paragraph in respect of the
same conduct.
A “relevant enforcement authority” means an enforcement authority of the
kind mentioned in
section 18
(2)
(a)
,
(b)
or
(c)
.
Before imposing a financial penalty on a person under
paragraph 4
, a
relevant enforcement authority must give the person a notice (a “notice of
intention”) stating that the authority proposes to do so.
The notice of intention must be given before the end of the period of 12
months beginning with the first day on which the authority has sufficient
evidence that the person has committed an offence under
paragraph 1
.
The notice of intention must set out—
the amount of the proposed financial penalty,
the reasons for proposing to impose the financial penalty, and
information about the right to make representations under
paragraph
6
.
A person who is given a notice of intention may make written
representations to the relevant enforcement authority which gave the notice
about the proposal to impose a financial penalty.
Any representations must be made within the period of 28 days beginning
with the day after that on which the notice of intention was given to the
person.
After the end of the period mentioned in
paragraph 6
(2)
the relevant
enforcement authority must—
decide whether to impose a financial penalty on the person, and
if it decides to do so, decide the amount of the penalty.
If the authority decides to impose a financial penalty on the person, it must
give a notice to the person (a “final notice”) imposing that penalty.
The final notice must require the penalty to be paid within the period of
28 days beginning with the day after that on which the notice was given.
The final notice must set out—
the amount of the financial penalty (which may be less than the
amount specified in the notice of intention, but cannot be more),
the reasons for imposing the penalty,
information about how to pay the penalty,
the period for payment of the penalty,
information about rights of appeal, and
the consequences of failure to comply with the notice.
The relevant enforcement authority may at any time—
withdraw a notice of intention or final notice, or
reduce an amount specified in a notice of intention or final notice.
The power in sub-paragraph
(1)
is to be exercised by giving notice to the
person on whom the notice was given.
A person to whom a final notice is given may appeal against—
the decision to impose the penalty;
the amount of the penalty.
The appeal may be made—
in England and Wales, to the First-tier Tribunal;
in Scotland, to the sheriff;
in Northern Ireland, to a county court.
An appeal under this paragraph must be made within the period of 28
days beginning with the day after that on which the final notice is given
to the person.
If a person appeals under this paragraph, the final notice is suspended
until the appeal is finally determined, withdrawn or abandoned.
An appeal under this paragraph—
is to be a re-hearing of the relevant enforcement authority's decision,
but
may be determined having regard to matters of which the authority
was unaware.
On an appeal under this paragraph the First-tier Tribunal or the court may
quash, confirm or vary the final notice.
The final notice may not be varied under sub-paragraph
(6)
so as to make
it impose a financial penalty of a greater amount than the relevant
enforcement authority could have imposed.
This paragraph applies if a person fails to pay the whole or any part of a
financial penalty which has been imposed on a person in accordance with
this Schedule.
In England and Wales the relevant enforcement authority which imposed
the penalty may recover the penalty or part on the order of the county
court as if it were payable under an order of that court.
In Scotland the penalty may be enforced in the same manner as an extract
registered decree arbitral bearing a warrant for execution issued by the
sheriff of any sheriffdom in Scotland.
In Northern Ireland the authority which imposed the financial penalty may
recover the penalty or part on the order of a county court as if it were
payable under an order of that court.
In any proceedings relating to a financial penalty, a certificate that—
purports to be signed by or on behalf of the person with
responsibility for the financial affairs of the authority which imposed
the penalty, and
states that payment of the financial penalty was, or was not, received
by a date specified in the certificate,
is evidence of the facts stated.
Where a relevant enforcement authority imposes a financial penalty under
paragraph 4
, it may use the proceeds for the purposes of any of its
functions.
In the application of this Schedule to a sporting event by regulations under section 2 (1) , references to—
the appropriate national authority, are to the appropriate national
authority which made the regulations;
the sporting event, are to the sporting event to which this Schedule
is applied by the regulations.
In relation to Scotland, “quash” means reduce.
It is an offence for a person—
to carry out an advertising activity in a restricted advertising zone
at any time during a specified period;
to arrange for such an activity to be carried out;
to permit the carrying out of such an activity.
An “advertising activity” means anything done wholly or partly for the
purpose of promoting a product, service or business specifically to members
of the public—
who are in a restricted advertising zone, or
who are watching or listening to a broadcast of the sporting event.
For the purposes of
this paragraph
a person does not permit the carrying
out of an advertising activity if the person takes all reasonable steps to
prevent the activity from being carried out or (as the case may be)
continuing.
It is not a defence to an offence under
this paragraph
that the act
constituting the offence was carried out in accordance with an advertising
licence.
A person guilty of an offence under this paragraph is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Northern Ireland, to a fine not exceeding
£50,000.
A person guilty of an offence under this paragraph in Scotland is liable—
on summary conviction, to a fine not exceeding £20,000;
on conviction on indictment, to a fine.
This paragraph is subject to—
paragraph 2 (advertising authorisations);
exceptions contained in regulations made by virtue of
section 10
in
relation to the sporting event (power to provide for further
exceptions);
section 19 (exceptions for internet service providers).
It is not an offence under paragraph 1 —
to carry out advertising activities in accordance with an authorisation
granted by a designated authorising person under
this paragraph
, or
to arrange for, or permit, such advertising to be carried out in
accordance with such an authorisation.
An authorisation granted under this paragraph may—
be granted in respect of a person or a description of person;
be granted by reference to the nature, purpose or circumstances of
the advertising;
be subject to conditions;
be varied or revoked.
Conditions imposed under sub-paragraph (2) (c) may, for example—
specify places where advertising activities may, or may not, be
carried out;
specify periods during which advertising activities may, or may
not, be carried out;
require steps to be taken for a particular purpose, including—
protecting the safety of any person;
preventing or reducing congestion, litter or noise;
require a person in respect of whom an authorisation is granted to
produce evidence of the authorisation on request;
be inconsistent with, or more onerous than, the conditions of any
advertising licence.
The following matters (amongst others) may be taken into account in
determining whether or not to grant an authorisation under
this
paragraph
—
any agreements entered into (whether by the appropriate national
authority or another person) for the purposes of the sporting event;
any existing advertising licences.
An authorisation granted under this paragraph must be in writing.
In this paragraph , “advertising activity” has the same meaning as in paragraph 1 (2) .
An enforcement authority may give a fixed penalty notice to a person the
authority has reason to believe has committed the advertising offence in
relation to the sporting event.
A fixed penalty notice is a notice giving the person to whom it is given
the opportunity to discharge any liability to conviction for the offence by
payment of a fixed penalty within the relevant period.
The amount of a fixed penalty payable in pursuance of a fixed penalty
notice is—
£200, or
such higher amount of not more than £300 as is specified in the
notice.
The relevant period is the period of 14 days beginning with the date on
which the fixed penalty notice is given.
A fixed penalty notice must explain—
why the enforcement authority has reason to believe the person has
committed the offence;
the effect of sub-paragraph (6) ;
when and how payment of the fixed penalty may be made.
Where a fixed penalty notice has been given to a person in respect of
conduct constituting the advertising offence—
no proceedings may be brought for the offence in respect of that
conduct before the end of the relevant period, and
the person may not be convicted of the offence in respect of that
conduct if the person pays—
the full amount of the fixed penalty before the end of the
relevant period, or
50% of that amount before the end of the period of 7 days
beginning with the date on which the relevant period starts.
In any proceedings relating to a fixed penalty notice, a certificate that—
purports to be signed by or on behalf of the person with
responsibility for the financial affairs of the enforcement authority
which gave the notice, and
states that payment of the fixed penalty was, or was not, received
by a date specified in the certificate,
is evidence of the facts stated.
An enforcement authority may use the proceeds of a fixed penalty for the
purposes of any of its functions.
An enforcement authority may require a person to provide their name and
address for the purpose of facilitating the giving of a fixed penalty notice
to the person under
paragraph 3
.
It is an offence for a person to—
fail to provide their name and address when required to do so
under sub-paragraph
(1)
, or
knowingly give false or inaccurate information in response to such
a requirement.
A person guilty of an offence under this paragraph is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
In the application of this Schedule to a sporting event by regulations under section 2 (1) , references to—
the appropriate national authority, are to the appropriate national
authority which made the regulations;
the sporting event, are to the sporting event to which this Schedule
is applied by the regulations.
It is an offence for a person—
to carry out a trading activity in a relevant public part of a restricted
trading zone at any time during a specified period;
to arrange for such an activity to be carried out;
to permit the carrying out of such an activity.
“Trading activity” means any of the following activities—
selling a product, or offering or exposing a product for sale;
providing a service, or offering to provide a service, for gain or
reward;
providing public entertainment for gain or reward;
appealing for money or other property (whether for charitable or
other purposes), with the exception of begging.
A “relevant public part” of a restricted trading zone means any of the
following places so far as they are located in that zone—
a highway;
a building to which the public have access and which is—
used for the sporting event,
generally used for the parking of motor vehicles, or
generally used as a transport hub;
a place, other than a building, to which the public have access.
A person carries out an activity in a relevant public part of a restricted
trading zone if, at the time the activity is carried out—
that person is in a relevant public part of a restricted trading zone,
or
any person to whom the activity is directed is in such a place.
It is not a defence to an offence under
this paragraph
that the act
constituting the offence was carried out in accordance with a trading licence.
A person guilty of an offence under this paragraph is liable—
on summary conviction in England and Wales, to a fine;
on summary conviction in Northern Ireland, to a fine not exceeding
£50,000.
A person guilty of an offence under this paragraph in Scotland is liable—
on summary conviction, to a fine not exceeding £20,000;
on conviction on indictment, to a fine.
This paragraph is subject to—
paragraph 2 (trading authorisations);
paragraph 3 (premises adjoining the highway);
exceptions contained in regulations made by virtue of
section 13
in
relation to the sporting event (power to provide for further
exceptions);
section 19 (exceptions for internet service providers).
For the purposes of this paragraph —
a person does not permit the carrying out of a trading activity if
the person takes all reasonable steps to prevent the activity from
being carried out or (as the case may be) continuing;
a person is to be treated as doing something for gain or reward
whether it is done for the person’s own gain or reward or for that
of another person.
In this paragraph , “transport hub” means—
a bus or coach station,
a railway station, or
a tramway station.
It is not an offence under paragraph 1 —
to carry out a trading activity in accordance with an authorisation
granted by a designated authorising person under
this paragraph
, or
to arrange for, or permit, such trading to be carried out in
accordance with such an authorisation.
An authorisation granted under this paragraph may—
be granted in respect of a person or a description of person;
be granted by reference to the nature, purpose or circumstances of
the trading activities;
be subject to conditions;
be varied or revoked.
Conditions imposed by virtue of sub-paragraph (2) (c) may, for example—
specify places where trading activities may, or may not, be carried
out;
specify periods during which trading activities may, or may not,
be carried out;
require steps to be taken for a particular purpose, including—
protecting the safety of any person;
preventing or reducing congestion, litter or noise;
require a person in respect of whom an authorisation is granted to
produce evidence of the authorisation on request;
be inconsistent with, or more onerous than, the conditions of any
trading licence.
In determining whether or not to grant an authorisation under this
paragraph, a designated authorising person—
must have regard to any existing trading licences, and
may have regard to—
any agreements entered into (whether by the appropriate
national authority or another person) for the purposes of the
sporting event, and
any other matters that the person considers relevant.
An authorisation granted under this paragraph must be in writing.
Paragraph 1
(1)
does not apply in relation to the following trading
activities—
selling a product, or offering or exposing a product for sale, to a
person who is in premises adjoining a highway;
providing, or offering to provide, a service to such a person;
providing a service that consists of doing something in relation to
premises adjoining a highway (including, among other things,
delivering an item to such premises);
appealing for money or other property from a person who is in
premises adjoining a highway.
Except where the regulations provide otherwise in relation to the sporting
event,
paragraph 1
(1)
does not apply in relation to a trading activity which
is carried out from premises adjoining a highway if the premises are
generally used for the carrying out of that activity.
An enforcement authority may give a fixed penalty notice to a person the
authority has reason to believe has committed the trading offence in relation
to the sporting event.
A fixed penalty notice is a notice giving the person to whom it is given
the opportunity to discharge any liability to conviction for the offence to
which it relates by payment of a fixed penalty within the relevant period.
The amount of a fixed penalty payable in pursuance of a fixed penalty
notice is—
£200, or
such higher amount of not more than £300 as is specified in the
notice.
The relevant period is the period of 14 days beginning with the date on
which the fixed penalty notice is given.
A fixed penalty notice must explain—
why the enforcement authority has reason to believe the person has
committed the offence;
the effect of sub-paragraph (6) ;
when and how payment of the fixed penalty may be made.
Where a fixed penalty notice has been given to a person in respect of
conduct constituting the trading offence—
no proceedings may be instituted for the offence in respect of that
conduct before the end of the relevant period, and
the person may not be convicted of the offence in respect of that
conduct if the person pays—
the full amount of the fixed penalty before the end of the
relevant period, or
50% of that amount before the end of the period of 7 days
beginning with the date on which the relevant period starts.
In any proceedings relating to a fixed penalty notice, a certificate that—
purports to be signed by or on behalf of the person with
responsibility for the financial affairs of the enforcement authority
which gave the notice, and
states that payment of the fixed penalty was, or was not, received
by a date specified in the certificate,
is evidence of the facts stated.
An enforcement authority may use the proceeds of a fixed penalty for the
purposes of any of its functions.
An enforcement authority may require a person to provide their name and
address for the purpose of facilitating the giving of a fixed penalty notice
to the person under
paragraph 4
.
It is an offence for a person to—
fail to provide their name and address when required to do so
under
sub-paragraph (1)
, or
knowingly give false or inaccurate information in response to such
a requirement.
A person guilty of an offence under this paragraph is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
In the application of this Schedule to a sporting event by regulations under section 2 (1) , references to—
the appropriate national authority, are to the appropriate national
authority which made the regulations;
a designated authorising person, are to a person designated by the
regulations by virtue of
section 12
(1)
;
the regulations, are to regulations applying this Schedule to the
sporting event;
a restricted trading zone, are to a place specified or described in
the regulations as required by
section 11
(2)
(a)
;
a specified period, are to a period specified in the regulations as
required by
section 11
(2)
(b)
;
the sporting event, are to the sporting event to which this Schedule
is applied by the regulations.
In relation to Scotland, “highway” means a road within the meaning of the Roads (Scotland) Act 1984 (see section 151(1) of that Act).
A person acting in the course of a business may not, at any time during
the specified period, engage in the unauthorised use of a representation
(of any kind) in a manner likely to suggest to the public that there is an
association between the sporting event and—
goods or services, or
a person providing goods or services.
The following are examples of an association between a sporting event and
a person providing goods or services—
a contractual relationship;
a commercial relationship;
a corporate or structural connection;
the provision of financial or other assistance.
“Use” of a representation includes, among other things—
applying a representation to goods or documents;
selling, offering, or exposing for sale goods that bear a
representation;
importing or exporting goods that bear a representation;
providing or offering services by reference to a representation;
promoting goods or services by reference to a representation.
Use of a representation is “unauthorised” if the use is otherwise than in
accordance with an authorisation granted under
paragraph 2
.
A breach of
sub-paragraph (1)
is to be treated as though it were an
infringement of a property right of a designated enforcer.
A court may on the application of a designated enforcer—
grant any relief that is available in respect of the infringement of a
property right (whether by way of damages, injunction, accounts
or otherwise);
make an order under
paragraph 4
(4)
in respect of any infringing
goods or documents held by any person in the course of a business.
“Infringing goods or documents” means—
goods or documents that bear a representation in breach of sub-paragraph (1) , or
things that have been specifically designed or adapted to produce
such goods or documents.
Sub-paragraph (9) applies where—
an application was made before the relevant commencement date
for the registration of—
a trade mark under the Trade Marks Act 1994 , or
a design under the Registered Designs Act 1949 , and
the application remains to be determined on the bringing of an
application under
sub-paragraph (6)
in relation to the use of a
representation that involves the use of a trade mark or design.
The court may not grant relief, or make an order under
paragraph 4
(4)
, in
relation to the use of the trade mark or design before the determination of
the application mentioned in
sub-paragraph (8)
(a)
.
This paragraph is subject to—
paragraph 3 (exceptions to prohibition on unauthorised association);
exceptions contained in regulations made by virtue of
section 16
in
relation to the sporting event (power to provide for further
exceptions);
section 19 (exceptions for internet service providers).
In this paragraph, “court” means—
in England and Wales, the High Court,
in Scotland, the Court of Session or the Sheriff Court, and
in Northern Ireland, the High Court or the county court.
A designated authorising person may authorise a person to use a
representation in the manner described in
paragraph 1
(1)
.
An authorisation granted under this paragraph may—
be granted in respect of a person or a description of person;
be granted in respect of a description of representation;
be subject to conditions;
be varied or revoked.
In determining whether or not to grant an authorisation under this
paragraph, the designated authorising person may have regard to, among
other things, any agreements entered into (whether by the Secretary of
State or another person) for the purposes of the sporting event.
An authorisation granted under this paragraph must be in writing.
Paragraph 1 (1) is not breached by—
the use of a trade mark, registered under the Trade Marks Act 1994 before the relevant commencement date, for goods or services for which it is registered;
the use of a design registered under the
Registered Designs Act
1949
before the relevant commencement date;
the exercise of another intellectual property right subsisting
immediately before the relevant commencement date.
For the purposes of sub-paragraph
(1)
(a)
, where subsection (2) of section
35 of the Trade Marks Act 1994 (claim to priority of Convention
applications) applies to an application for registration of a trade mark under
that Act, the trade mark is to be treated as registered under that Act from
the date that is the relevant date for the purposes of paragraph (a) of that
subsection.
Paragraph 1
(1)
is not breached by the use of a representation in any manner
by a person acting in the course of a business if—
immediately before the relevant protection date, the representation
was used in that manner for the purposes of activities constituting
the business, and
the representation has continued to be used in that manner for that
purpose.
Paragraph 1 (1) is not breached by—
the use by a person of the person’s name or address,
the use of indications concerning—
the kind, quality, quantity, intended purpose, value or
geographical origin, or any other characteristic, of goods or
services, or
the time of production of goods or of the provision of
services, or
the use of a representation for the purpose of identifying or referring
to goods or services as those of a person authorised under
paragraph
2
,
provided, in each case, that the use is in accordance with honest practices in industrial or commercial matters.
Paragraph 1 (1) is not breached by the use of a representation—
in a report relating to the sporting event,
for the purpose of sharing information about the sporting event,
for the purpose of promoting—
such a report, or
the sharing of such information, or
as an incidental inclusion in a literary work, dramatic work, artistic
work, sound recording, film or broadcast.
Any reference in sub-paragraph (5) to—
a report relating to the sporting event, or
the sharing of information about the sporting event,
does not include a reference to material that is published or broadcast for the purpose of promoting something other than the sporting event.
Terms used in
sub-paragraphs (5)
(d)
and
(6)
and in
Part 1
of the
Copyright,
Designs and Patents Act 1988
have the same meaning in those provisions
as they have in
that Part
.
Paragraph 1
(1)
is not breached by the use of a representation in relation
to goods (the “current use”) by a person if—
the goods bear the representation,
they were put on the market in accordance with an authorisation
granted under
paragraph 2
, and
either—
the current use is in accordance with the authorisation, or
if the current use is not in accordance with the authorisation,
the person could not reasonably be expected to know that
fact.
Paragraph 1 (1) is not breached by the use of a representation by—
a designated authorising person, or
a designated enforcer.
This paragraph applies where a designated enforcer applies to a court for
an order under this paragraph in respect of any infringing goods or
documents held in the course of a business.
The designated enforcer must—
take reasonable steps to identify persons who may have an interest
in the goods or documents, and
give a copy of the application to those persons.
A person who has an interest in the goods or documents is entitled—
to appear in any proceedings before the court which relate to the
application, and
to appeal against any order made in respect of the goods or
documents (whether or not the person appeared in the proceedings
in which the order was made).
The court may make any of the following orders—
an order that the goods or documents be delivered up to—
a designated enforcer, or
such other person as the court may direct;
an order that the representation be erased, removed or obliterated
from the goods or documents;
an order that the goods or documents be returned to—
the person from whom they were delivered up, or
any other person having an interest in them;
an order that the goods or documents be forfeited to—
a designated enforcer, or
such other person as the court may direct;
an order that the goods or documents be destroyed.
No order for the forfeiture or destruction of the goods or documents may
be made unless the court is satisfied that no other remedy available would
be adequate to compensate the person who made the application or protect
their interests.
No such order may take effect until—
the end of the period during which notice of an appeal may be
given, or
if before the end of that period notice of an appeal is given, the
final determination or abandonment of the appeal.
In this paragraph—
“
court” has the meaning given by
paragraph 1
(11)
;
“
infringing goods or documents” has the meaning given by
paragraph
1
(7)
.
In the application of this Schedule to a sporting event by regulations under section 2 (2) , references to—
a designated enforcer, are to a person designated by the regulations
as required by
section 14
(3)
;
the relevant commencement date, are to the date on which the
regulations come into force;
the sporting event, are to the sporting event to which this Schedule
is applied by the regulations.
In relation to Scotland—
“accounts” means count, reckoning and payment;
“delivered up” means delivered;
“injunction” means interdict.
The Secretary of State may direct a qualifying person to prepare a plan
that addresses matters which—
relate to transport in one or more areas in England, and
arise in connection with the sporting event.
A “qualifying person” means a person who the Secretary of State considers
competent to prepare such a plan.
A person directed under sub-paragraph (1) must—
comply with the direction;
keep the plan under review;
if the person considers it appropriate, revise the plan;
except in so far as the person considers it undesirable for reasons
of security, publish the plan and any revision to it.
Before preparing or revising the plan, a person directed under
sub-paragraph (1)
must consult the persons referred to in
sub-paragraph
(5)
(if different from the person so directed).
The persons are—
the Secretary of State;
in relation to any road likely to be affected by the plan or revision
for which a strategic highways company is the traffic authority—
the strategic highways company which is the traffic authority
for the road, and
a local authority in whose area the road is situated;
in relation to any other road likely to be affected by the plan or
revision—
the local traffic authority for the road, and
if different, a local authority in whose area the road is
situated;
any chief officer of police whom the person directed under sub-paragraph (1) considers it appropriate to consult;
any other person whom the Secretary of State, or the person directed
under
sub-paragraph (1)
, considers it appropriate to consult.
Each local traffic authority for a road affected by the plan must exercise
their functions with a view to securing the implementation of the plan.
The requirement in
sub-paragraph (4)
may be satisfied by consultation
undertaken before the direction is given to the person.
A direction under sub-paragraph (1) —
must be in writing, and
may be revoked.
Section 14
of
the RTRA 1984
(temporary prohibition or restriction on roads)
has effect in relation to a traffic authority for a road in England as if
subsection (1)
(c)
of
that section
included the following purposes—
implementing a transport plan,
facilitating transport services in connection with the sporting event,
and
facilitating travel by any person for a purpose connected to the
sporting event.
The following do not apply in relation to an order made, or notice issued,
under
section 14
of
the RTRA 1984
by virtue of
this paragraph
—
section 15 of the RTRA 1984 ;
regulations 6
and
8
(3)
of the
Road Traffic (Temporary Restrictions)
Procedure Regulations 1992
(S.I. 1992/1215).
An order of the kind mentioned in sub-paragraph (2) —
may not come into force earlier than 28 days before the day on
which the sporting event begins;
must cease to have effect no later than 5 days after the day on which
the sporting event ends.
A notice of the kind mentioned in sub-paragraph (2) —
may not come into force earlier than 21 days before the day on
which the sporting event begins;
must cease to have effect no later than—
5 days after the day on which the sporting event ends, or
if earlier, 21 days after the day on which the notice comes
into force.
Subject to
sub-paragraph (3)
, a person directed under
paragraph 1
(1)
may
make an order, or issue a notice, under
section 14
of
the RTRA 1984
by
virtue of
paragraph 2
in respect of a road despite not being the local traffic
authority for that road.
Accordingly—
the person is to be treated as if they were the local traffic authority
for the road for the purposes of making or issuing any such order
or notice, and
any such order or notice is to be treated as though it were made or
issued by the local traffic authority for the road.
The power conferred by sub-paragraph (1) is exercisable only if—
the local traffic authority for the road is a designated local traffic
authority, and
the authority has consented to the exercise of the power.
The duty in
section 122
of
the RTRA 1984
(exercise of functions by local
authorities) applies to a local traffic authority as though the consenting
function conferred on the authority by
sub-paragraph (3)
(b)
were conferred
by
the RTRA 1984
.
The Secretary of State may direct a local traffic authority to make an order,
or issue a notice, under
section 14
of
the RTRA 1984
by virtue of
paragraph
2
if—
the Secretary of State is satisfied that the making of the order, or
issue of the notice, is necessary for a purpose specified in
paragraph
2
(1)
,
the Secretary of State has requested that the authority take the action
to be directed, and
the authority have failed to take the action before the end of the
period of 7 days beginning with the day on which the Secretary of
State made the request.
Before making a request under
sub-paragraph (1)
(b)
, the Secretary of State
must consult—
the local traffic authority to which the request would be made,
if different, the person directed under paragraph 1 (1) , and
any other person whom the Secretary of State considers it
appropriate to consult.
Sub-paragraphs (1)
(b)
and
(c)
and
(2)
do not apply if the Secretary of State
is satisfied that, for reasons of urgency, the direction must be given without
delay.
If the local traffic authority does not comply with the direction before the
end of the period specified in the direction, the Secretary of State may—
make the order or issue the notice in place of the authority, and
recover from the authority any expenses incurred by the Secretary
of State in connection with the making of the order or the issuing
of the notice as if they were a debt.
An order made or notice issued by the Secretary of State under
sub-paragraph (4)
(a)
is to be treated as though it were an order made or
notice issued by the local traffic authority by virtue of
paragraph 2
.
A local traffic authority directed under
paragraph 1
(1)
may not be directed
under
this paragraph
to exercise any power conferred on that authority by
paragraph 3
(1)
.
A direction under sub-paragraph (1) —
must be in writing, and
may be revoked.
A direction under either of the following provisions is of no effect to the
extent that it is inconsistent with a direction given under
sub-paragraph
(1)
—
section 89ZA(1) of the Local Transport Act 2008 as it has effect by
virtue of
section 104
of the
Local Democracy, Economic Development
and Construction Act 2009
.
references to the sporting event are to the sporting event to which
this Schedule is applied by the regulations;
In this Schedule—
“
chief officer of police” means—
the chief constable of a police force maintained under
section
2
of the
Police Act 1996
;
the Commissioner of Police of the Metropolis;
the Commissioner of Police for the City of London;
the Chief Constable of the British Transport Police Force;
“
local traffic authority” has the meaning given by section 121A of the
RTRA 1984;
“
road” means any length of highway or of any other road to which
the public has access, and includes bridges over which a road passes;
“
the RTRA 1984” means the
Road Traffic Regulation Act 1984
;
“
strategic highways company” means a company appointed under
section 1
of the
Infrastructure Act 2015
;
“
traffic authority” has the meaning given by
section 121A
of
the RTRA
1984
;
“
transport plan” means a plan which a person is directed to prepare
under
paragraph 1
(1)
.
In this Schedule —
“the 2015 Act” means the Consumer Rights Act 2015 ;
“officer”, in relation to an enforcement authority, is to be read in
accordance with
paragraph 7
(1)
and
(2)
of
Schedule 5
to
the 2015
Act
, but as if the powers conferred by
this Schedule
were powers
in
that Schedule
;
“
Part 1 offence” means an offence under Part 1 of this Act.
For the purposes of enforcing a Part 1 offence, an officer of an enforcement
authority may exercise a power in
paragraph 28
or
29
of
Schedule 5
to
the
2015 Act
to seize and detain any goods or documents only if the officer
reasonably suspects that it is necessary to do so for the purpose of—
ending the commission of the offence;
preventing the commission of the offence;
enabling the goods or documents to be used as evidence in
proceedings for the offence.
Sub-paragraph (1)
does not prevent the exercise of the power in relation
to any other legislation or notices that are “the enforcer’s legislation” of
the authority (within the meaning of
paragraph 9
of
that Schedule
).
This paragraph applies where—
an officer of an enforcement authority is lawfully in any public
place otherwise than in reliance on a power mentioned in
sub-paragraph (2)
, and
the officer reasonably suspects that a person has committed, or is
about to commit, a
Part 1
offence in relation to a sporting event.
The powers referred to in
sub-paragraph (1)
(a)
are the powers of entry
conferred by—
paragraph 23(1) of Schedule 5 to the 2015 Act , or
a warrant under paragraph 32 (1) of that Schedule .
The officer may—
search or examine anything which appears to be in the person’s
possession or control, and
seize and detain or remove any item which appears to be in the
person’s possession or control.
The powers conferred by
sub-paragraph (3)
may not be exercised by an
officer of the Competition and Markets Authority.
The officer may seize an item under
sub-paragraph (3)
(b)
only if the officer
reasonably suspects that it is necessary to do so for the purpose of—
ending the commission of the offence;
preventing the commission of the offence;
enabling the item to be used as evidence in proceedings for the
offence.
Paragraph 31
of
Schedule 5
to
the 2015 Act
(power to break open container
etc) applies for the purpose of exercising any power conferred by
paragraph
3
of
this Schedule
as it applies for the purpose of exercising a power in
paragraph 28
or
29
of
that Schedule
.
Before exercising any power under
paragraph 3
in relation to a person, an
officer must produce evidence of the officer’s identity and authority to the
person.
The officer need not comply with
sub-paragraph (1)
if it is not reasonably
practicable to do so.
An officer seizing any item from a person under
paragraph 3
(3)
(b)
must
take reasonable steps to—
inform the person that it has been seized, and
provide that person with a written record of what has been seized.
In determining the steps to be taken under
sub-paragraph (1)
, an officer
exercising a power under
this paragraph
in England, Wales or Northern
Ireland must have regard to any relevant provision about the seizure of
property made by—
where the officer is acting in England or Wales, a code of practice
under
section 66
of the
Police and Criminal Evidence Act 1984
;
where the officer is acting in Northern Ireland, a code of practice
under
Article 65
of the
Police and Criminal Evidence (Northern
Ireland) Order 1989
(S.I. 1989/1341 (N.I. 12)).
Paragraph 29
(6)
and
(7)
of
Schedule 5
to
the 2015 Act
(which prohibits the
seizure of legally privileged items) applies in relation to the power conferred
by
paragraph 3
(3)
(b)
as it applies in relation to the power in
paragraph 29
of
that Schedule
.
Nothing in paragraph 3 or 4 confers any power to search a person.
An item seized under
paragraph 3
by an officer of an enforcement authority
may not be detained—
for a period of more than 3 months beginning with the day on
which it was seized, or
where the item is reasonably required to be detained for a longer
period by the authority for a purpose for which it was seized, for
longer than it is required for that purpose.
(For corresponding provision in relation to seizure under
paragraph 28
or
29
of
Schedule 5
to
the 2015 Act
, see
paragraphs 28
(7)
and
29
(8)
of
that
Schedule
.)
The following provisions of
Schedule 5
to
the 2015 Act
apply in relation
to items detained as the result of the exercise of the power conferred by
paragraph 3
of
this Schedule
as they apply in relation to goods or
documents detained as the result of the exercise of a power in
Part 4
of
that Schedule
—
paragraph 38 (access to seized goods and documents);
paragraph 40 (appeals against detention of goods and documents).
This paragraph applies where—
an enforcement authority no longer wishes to retain a seized item
for any purpose,
the period of 3 months beginning with the day on which the item
was seized has ended (but see
sub-paragraph (4)
), and
reasonable efforts have been made, without success, to find a person
entitled to the item, or it is for some other reason impracticable to
return the item to a person entitled to it.
In this paragraph “seized item” means an item seized—
under paragraph 3 of this Schedule , or
in the exercise of a power in
paragraph 28
or
29
of
Schedule 5
to
the 2015 Act
for the purpose of enforcing a Part 1 offence in relation
to a sporting event.
The authority may dispose of the item in whatever way the authority
considers appropriate.
In the case of a perishable item which no longer has any commercial value,
the authority may dispose of the item before the end of the period
mentioned in
sub-paragraph (1)
(b)
.
The persons “entitled” to an item for the purposes of this paragraph are—
the person from whom it was seized;
(if different) any person to whom it belongs.
An officer of an enforcement authority may do anything which the officer
considers necessary or expedient to conceal any item which the officer
reasonably suspects has been used to commit the advertising offence.
This does not affect any power of the officer to seize the item.
If the officer considers that it is not reasonably practicable to seize or conceal
the item, the officer may deface or destroy the item.
An officer may exercise any power conferred by, or by virtue of, any of
paragraphs 23
and
32
to
34
(1)
of
Schedule 5
to
the 2015 Act
(powers of
entry etc) for the purpose of exercising a power conferred by
sub-paragraph
(1)
or
(2)
above.
Nothing may be concealed under
sub-paragraph (1)
for any longer than is
necessary to prevent the commission of the advertising offence.
But a person does not fail to comply with
sub-paragraph (4)
if the person
took all reasonable steps—
to uncover the item as soon as reasonably practicable after the
concealment ceased to be necessary for the purpose mentioned in
that sub-paragraph, or
to ensure that any other person was able to do so.
The following provisions of
Schedule 5
to
the 2015 Act
have effect as if the
powers conferred by
this Schedule
were powers in
Part 4
of
that Schedule
—
paragraph 36 (1) (a) (offence of obstruction);
paragraph 37
(offence of purporting to act as an officer of an
enforcer).
A person whose property is damaged in the course of the exercise of a
relevant power by an officer of an enforcement authority is entitled to
compensation from that authority if—
the exercise of the power was unlawful, or
any force used in the exercise of the power was unreasonable.
In sub-paragraph (1) “relevant power” means—
a power conferred by this Schedule , or
a power conferred by
paragraph 28
or
29
of
Schedule 5
to
the 2015
Act
that is exercised for the purpose of enforcing a
Part 1
offence.
The amount of compensation payable is the sum of the following amounts—
an amount equal to—
the cost of restoring the property to the condition it was in
before the exercise of the power, or
if it is impossible or not commercially worthwhile to restore
the property to that condition, the cost of replacing it, and
the amount of any other loss that is a direct result of the damage
to the property.
Regulations under
section 2
(1)
applying part of the sporting events
framework to a sporting event must provide for how disputes about the
right to, or amount of, any compensation payable under
this paragraph
are to be determined in relation to the sporting event.
The provision mentioned in
sub-paragraph (4)
may, in particular, provide
for any such dispute to be determined—
in England and Wales or Northern Ireland, by arbitration, or
in Scotland, by a single arbitrator appointed by the parties or, if
there is no agreement between the parties as to that appointment,
by the sheriff.
Paragraph 41
of
Schedule 5
to
the 2015 Act
(compensation) does not apply
in relation to the exercise of a relevant power of the kind mentioned in
sub-paragraph (2)
(b)
.
In
this paragraph
, references to the exercise of a power include its purported
exercise.
A
bill
to
Make provision for enabling a common set of legislative provisions to be applied to major sporting events held in the United Kingdom; to confer power to provide financial assistance in relation to sporting events held in England, Scotland or Northern Ireland; and for connected purposes.
Ordered to be Printed, .
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