The Glasgow Commonwealth Games Act 2008 (Commencement No. 4) Order 2013

Made: 5th September 2013

Laid before the Scottish Parliament: 9th September 2013

Coming into force: 1st October 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by section 49(2) of the Glasgow Commonwealth Games Act 2008[^f00001].

Citation and commencement

1

This Order may be cited as the Glasgow Commonwealth Games Act 2008 (Commencement No. 4) Order 2013 and comes into force on 1st October 2013.

Appointed day

2

The day appointed for the coming into force of the Glasgow Commonwealth Games Act 2008 (so far as not already in force) is 1st October 2013.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 5th September 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force on 1st October 2013 all the provisions of the Glasgow Commonwealth Games Act 2008 (“the Act”) which are not yet in force. Those provisions are—

• section 2(1) and (2) which makes it an offence to trade (other than in a building) in the vicinity of a Games location at a prohibited time (“the trading offence”);

• section 2(4) which provides that the trading offence does not apply to trading by the Organising Committee or the Commonwealth Games Federation (so long as it is done in accordance with any conditions imposed by trading regulations made under the Act);

• section 7 which provides that it is not a defence for a person charged with a trading offence that the person has a trading licence;

• section 8 which provides that local authorities must seek to work with existing street traders to try to identify alternative trading arrangements during the times when the trading offence applies;

• section 10(1) which makes it an offence to advertise in the vicinity of a Games location at a prohibited time (“the advertising offence”);

• section 10(3) which provides that the advertising offence does not apply to trading by the Organising Committee or the Commonwealth Games Federation (so long as it done in accordance with any conditions imposed by advertising regulations made under the Act);

• section 11(1) to (3) which makes provision in relation to when an activity is to be treated as advertising;

• section 15 which provides that it is not a defence for a person charged with an advertising offence that the person has an advertising licence;

• section 34(1) which provides that trading offences and advertising offences are triable summarily or on indictment; and

• section 35(1) which provides that a person convicted of a trading offence or an advertising offence is liable on summary conviction to a fine not exceeding £20,000, and on conviction on indictment to an unlimited fine.

Sections 43 and 47 to 51 of the Act came into force on 10th June 2008 (the day on which the Act received Royal Assent).

Footnotes

[^f00001]: 2008 asp 4.