LegalizeReform history
Glasgow Commonwealth Games Act 2008
7 versions
· 2008-06-10
2015-01-01
Glasgow Commonwealth Games Act 2008
2013-10-01
Glasgow Commonwealth Games Act 2008
2013-04-01
Glasgow Commonwealth Games Act 2008
2012-11-29
Glasgow Commonwealth Games Act 2008
2009-11-13
Glasgow Commonwealth Games Act 2008
2008-06-20
Glasgow Commonwealth Games Act 2008
Changes on 2008-06-20
@@ -30,7 +30,7 @@
- (2) The trading offence does not apply to trading in a building.
- (3) Ministers may by regulations (“the trading regulations”)—
- (3) Ministers may by regulations (“*the trading regulations*”)—
- (a) exempt types of trading from the trading offence,
@@ -136,7 +136,7 @@
- (2) An “existing street trader” is any person—
- (a) to whom the council grants a street trader’s licence, or market operator’s licence, authorising the person to trade at a place in the council’s area within the period of 12 months before the Games begin, and
- (a) to whom the council grants a street trader's licence, or market operator's licence, authorising the person to trade at a place in the council's area within the period of 12 months before the Games begin, and
- (b) who would, but for this Act, be entitled to trade at that place during the times when the trading offence applies.
@@ -160,7 +160,7 @@
- (1) It is an offence to advertise in the vicinity of a Games location at a prohibited time (“the advertising offence”).
- (2) Ministers may by regulations (“the advertising regulations”)—
- (2) Ministers may by regulations (“*the advertising regulations*”)—
- (a) exempt types of advertising from the advertising offence,
@@ -188,7 +188,7 @@
- (f) things done with or in relation to material which has or may have purposes or uses other than as an advertisement.
- (3) “Advertise” is to be construed accordingly.
- (3) “*Advertise*” is to be construed accordingly.
- (4) The advertising regulations may prescribe, or provide criteria for determining—
@@ -290,7 +290,7 @@
- (a) in a public place,
- (b) in relation to the sale, or proposed sale, of a Games ticket for an amount exceeding the ticket’s face value, or
- (b) in relation to the sale, or proposed sale, of a Games ticket for an amount exceeding the ticket's face value, or
- (c) with a view to making a profit.
@@ -334,11 +334,11 @@
- (a) the proposed ticket sale would constitute a touting offence only because B intends to—
- (i) sell the ticket for an amount exceeding the ticket’s face value, or
- (i) sell the ticket for an amount exceeding the ticket's face value, or
- (ii) make a profit as a result of the sale, and
- (b) A does not, and could not reasonably be expected to, know B’s intention.
- (b) A does not, and could not reasonably be expected to, know B's intention.
#### Use of internet etc.
@@ -378,7 +378,7 @@
- (2) The Organising Committee may designate an individual as an enforcement officer only if the individual—
- (a) is an inspector of weights and measures (appointed under section 72(1) of the Weights and Measures Act [1985 (c. 72)](https://www.legislation.gov.uk/ukpga/1985/72)) and the designation is approved by the appointing council, or
- (a) is an inspector of weights and measures (appointed under section 72(1) of the Weights and Measures Act 1985 (c. 72)) and the designation is approved by the appointing council, or
- (b) meets such other criteria as may be specified by Ministers in regulations.
@@ -416,7 +416,7 @@
- (c) enabling the article to be used in proceedings for such an offence, or
- (d) enabling the article to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act [1995 (c. 43)](https://www.legislation.gov.uk/ukpga/1995/43).
- (d) enabling the article to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43).
- (2) A seized article must be returned when retention of it is no longer justified for the purposes mentioned in subsection (1).
@@ -506,7 +506,7 @@
- (d) that the case is one of urgency, or
- (e) that notifying the residents of the house of the officer’s intention to take action would defeat the object of the proposed action.
- (e) that notifying the residents of the house of the officer's intention to take action would defeat the object of the proposed action.
- (5) A warrant granted under this section expires—
@@ -530,7 +530,7 @@
##### 28
An enforcement officer must, while doing anything under section 22, 24 or 27, produce evidence of the officer’s authority to take action if requested to do so.
An enforcement officer must, while doing anything under section 22, 24 or 27, produce evidence of the officer's authority to take action if requested to do so.
#### Test purchases
@@ -552,7 +552,7 @@
- (a) if the damage is caused by an enforcement officer or by a constable accompanying an enforcement officer, the Organising Committee, or
- (b) if the damage is caused by a constable who is not accompanying an enforcement officer, the chief constable of the constable’s police force.
- (b) if the damage is caused by a constable who is not accompanying an enforcement officer, the chief constable of the constable's police force.
This subsection does not apply if the thing done relates to a Games offence committed by the person.
@@ -582,13 +582,13 @@
- (1) A constable may do anything an enforcement officer may do under sections 22 to 29.
- (2) But the restrictions imposed on an enforcement officer by sections 23, 25, 26 and 28 apply to a constable only to the extent that they do not conflict with a constable’s powers under any other enactment or rule of law.
- (2) But the restrictions imposed on an enforcement officer by sections 23, 25, 26 and 28 apply to a constable only to the extent that they do not conflict with a constable's powers under any other enactment or rule of law.
And where the restrictions imposed by sections 25 and 26 apply, the constable does not have to be accompanied by another constable.
- (3) A constable may arrest without warrant a person who the constable reasonably believes is committing or has committed a Games offence.
- (4) Subsection (3) does not affect a constable’s existing powers of arrest.
- (4) Subsection (3) does not affect a constable's existing powers of arrest.
#### Action under sections 22 to 29: procedure
@@ -640,7 +640,7 @@
that individual as well as the body, partnership or association is guilty of the offence and is liable to be proceeded against and punished accordingly.
- (2) In subsection (1), “relevant individual” means—
- (2) In subsection (1), “*relevant individual*” means—
- (a) in relation to a body corporate other than a council—
@@ -654,7 +654,7 @@
- (d) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
- (3) Any penalty imposed on a body corporate, Scottish partnership or unincorporated association on conviction of an offence under this Act is to be recovered by civil diligence in accordance with section 221 of the Criminal Procedure (Scotland) Act [1995 (c. 46)](https://www.legislation.gov.uk/ukpga/1995/46).
- (3) Any penalty imposed on a body corporate, Scottish partnership or unincorporated association on conviction of an offence under this Act is to be recovered by civil diligence in accordance with section 221 of the Criminal Procedure (Scotland) Act 1995 (c. 46).
### Transport
@@ -678,7 +678,7 @@
##### 38
- (1) A traffic authority for a road may make an order under section 14(1) (temporary traffic regulation orders) of the Road Traffic Regulation Act [1984 (c. 27)](https://www.legislation.gov.uk/ukpga/1984/27) (“the 1984 Act”) in relation to the road for the purposes of—
- (1) A traffic authority for a road may make an order under section 14(1) (temporary traffic regulation orders) of the Road Traffic Regulation Act 1984 (c. 27) (“*the 1984 Act*”) in relation to the road for the purposes of—
- (a) implementing the Games transport plan,
@@ -694,7 +694,7 @@
- (3) A Games traffic regulation order may suspend any statutory provision to which section 14(7) of the 1984 Act applies without imposing any restriction or prohibition as is mentioned in section 14(1) of that Act.
- (4) Paragraph 2(4)(ba) of Schedule 3 to the Road Traffic Act [1991 (c. 40)](https://www.legislation.gov.uk/ukpga/1991/40) (breach of order under section 14(1) of the 1984 Act in relation to waiting, loading and unloading of vehicles not to be offence in a special parking area) does not apply to section 16(1) of the 1984 Act (contravention of section 14 of the Act to be an offence) in so far as section 16(1) relates to the contravention of a Games traffic regulation order.
- (4) Paragraph 2(4)(ba) of Schedule 3 to the Road Traffic Act 1991 (c. 40) (breach of order under section 14(1) of the 1984 Act in relation to waiting, loading and unloading of vehicles not to be offence in a special parking area) does not apply to section 16(1) of the 1984 Act (contravention of section 14 of the Act to be an offence) in so far as section 16(1) relates to the contravention of a Games traffic regulation order.
#### Urgent traffic regulation measures
@@ -730,7 +730,7 @@
- (5) Ministers may recover the cost of so acting from the council.
- (6) A “traffic regulation instrument” means any—
- (6) A “*traffic regulation instrument*” means any—
- (a) Games traffic regulation order, or
@@ -770,7 +770,7 @@
##### 42
- (1) Part 8 of the Town and Country Planning (Scotland) Act [1997 (c. 8)](https://www.legislation.gov.uk/ukpga/1997/8) (acquisition and appropriation of land for planning purposes) is to be read as if it contained the following modifications.
- (1) Part 8 of the Town and Country Planning (Scotland) Act 1997 (c. 8) (acquisition and appropriation of land for planning purposes) is to be read as if it contained the following modifications.
- (2) In section 189 (compulsory acquisition)—
@@ -782,7 +782,7 @@
- (b) after subsection (1) insert—
> (1A) “Glasgow Games 2014” means the Commonwealth Games that are to take place principally in Glasgow in 2014.
> (1A) “*Glasgow Games 2014*” means the Commonwealth Games that are to take place principally in Glasgow in 2014.
, and
@@ -870,31 +870,31 @@
- (1) In this Act—
- “advertising licence” includes any kind of consent, certificate, permission or other authorisation (by whatever name) which relates to advertising (other than an authorisation or permission obtained by virtue of the advertising regulations),
- “building” does not include— a caravan, marquee, stall, tent or other temporary or moveable structure, a building (or part of a building) which is designed or used generally as a car park,
- “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act [1994 (c. 39)](https://www.legislation.gov.uk/ukpga/1994/39),
- “Games offence” means an offence under this Act,
- “Games ticket” means any ticket, card, electronic device or other thing which entitles an individual to attend— an event held as part of the Games (whether or not a sporting event and whether or not held in Glasgow), or any other event connected with the Games specified by order made by Ministers,
- “Host City Contract” means the Host City Contract for the Games,
- “house”— means any building (or part of a building), flat, mobile home, houseboat, caravan or other place which is occupied only as a separate dwelling, but does not include any yard, garden, garage, outbuilding or other similar area or structure,
- “Ministers” means the Scottish Ministers,
- “prescribed” means prescribed by the trading regulations or, as the case may be, the advertising regulations,
- “road” has the same meaning as in the Roads (Scotland) Act [1984 (c. 54)](https://www.legislation.gov.uk/ukpga/1984/54),
- “sale” includes “trade” (and vice versa) and references to selling and trading are to be construed accordingly,
- “trading licence” includes any kind of consent, certificate, permission or authorisation (by whatever name) which relates to trading (other than an authorisation or permission obtained by virtue of the trading regulations),
- “traffic authority” has the same meaning in this Act as in the Road Traffic Regulation Act [1984 (c. 27)](https://www.legislation.gov.uk/ukpga/1984/27) (see section 121A of that Act).
- “*advertising licence*” includes any kind of consent, certificate, permission or other authorisation (by whatever name) which relates to advertising (other than an authorisation or permission obtained by virtue of the advertising regulations),
- “*building*” does not include—a caravan, marquee, stall, tent or other temporary or moveable structure,a building (or part of a building) which is designed or used generally as a car park,
- “*council*” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
- “*Games offence*” means an offence under this Act,
- “*Games ticket*” means any ticket, card, electronic device or other thing which entitles an individual to attend—an event held as part of the Games (whether or not a sporting event and whether or not held in Glasgow), orany other event connected with the Games specified by order made by Ministers,
- “*Host City Contract*” means the Host City Contract for the Games,
- “house”—means any building (or part of a building), flat, mobile home, houseboat, caravan or other place which is occupied only as a separate dwelling, butdoes not include any yard, garden, garage, outbuilding or other similar area or structure,
- “*Ministers*” means the Scottish Ministers,
- “*prescribed*” means prescribed by the trading regulations or, as the case may be, the advertising regulations,
- “*road*” has the same meaning as in the Roads (Scotland) Act 1984 (c. 54),
- “*sale*” includes “trade” (and vice versa) and references to selling and trading are to be construed accordingly,
- “*trading licence*” includes any kind of consent, certificate, permission or authorisation (by whatever name) which relates to trading (other than an authorisation or permission obtained by virtue of the trading regulations),
- “traffic authority” has the same meaning in this Act as in the Road Traffic Regulation Act 1984 (c. 27) (see section 121A of that Act).
- (2) The words and other expressions listed in the schedule (index) are defined or otherwise explained for the purposes of this Act by the provisions indicated in the schedule.
2008-06-10
Glasgow Commonwealth Games Act 2008
original version
Text at this date