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Birmingham Commonwealth Games Act 2020

Type Public General Act

Publication 2020-06-25

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — Organising Committee

Financial assistance

1

(1) The Secretary of State may provide financial assistance to the Organising Committee—

(a) for the purpose of delivering the Games, or

(b) for any other purpose connected to, or arising from, the Games.

(2) Financial assistance under subsection (1)—

(a) may take the form of grants, loans, guarantees or indemnities, and

(b) may be given subject to conditions (which may include conditions about repayment with or without interest).

(3) In this Act—

the “Games” are the Commonwealth Games that are to be held principally in Birmingham in 2022;

“Games event” means—an event forming part of the Games (whether or not a sporting event), orany other event arranged by, or on behalf of, the Organising Committee;

the “Organising Committee” is the organising committee formed as the private company limited by guarantee registered as “Birmingham Organising Committee for the 2022 Commonwealth Games Ltd”.

Annual reporting

2

(1) As soon as is reasonably practicable after the end of each reporting period, the Organising Committee must send to the Secretary of State a report on the exercise of the Organising Committee's functions during the period.

(2) The report must include—

(a) an assessment of the Organising Committee's progress towards delivery of the Games;

(b) details of what the Organising Committee has done to ensure that its delivery of the Games promotes the values of the Commonwealth Games Federation;

(d) details of what the Organising Committee has done to promote sustainability in its delivery of the Games;

(e) details of what the Organising Committee has done to maximise the benefits to be derived from the Games.

(3) The reference in subsection (2) (b) to the values of the Commonwealth Games Federation is a reference to the values expressed in the constitution of the Commonwealth Games Federation, as amended from time to time.

(4) The Secretary of State must lay before Parliament a copy of each report received by the Secretary of State under this section.

(5) In this section “reporting period” means—

(a) the period beginning with the day on which this section comes into force and ending with 31 March 2021,

(b) the period beginning with 1 April 2021 and ending with 31 March 2022, and

PART 2 — Association with the Games

Unauthorised association with the Games

3

(1) A person acting in the course of a business may not use any representation (of any kind) in a manner likely to suggest to the public that there is an association between the Games and—

(a) goods or services, or

(b) a person providing goods or services.

(2) The following are examples of an association between the Games and a person providing goods or services—

(a) a contractual relationship;

(b) a commercial relationship;

(d) the provision of financial or other assistance.

(3) “Use” of a representation includes, among other things—

(a) applying a representation to goods or documents;

(b) selling, offering, or exposing for sale goods that bear a representation;

(d) providing or offering services by reference to a representation;

(e) promoting goods or services by reference to a representation.

(4) A breach of subsection (1) is to be treated as though it were an infringement of an exclusive right of the Organising Committee to use any representation (of any kind) in the manner described in that subsection.

(5) In an action for breach of subsection (1), the court may grant any relief that is available in respect of the infringement of a property right (whether by way of damages, injunction, accounts or otherwise).

(6) In subsection (5), “court” means—

(a) in England and Wales, the High Court,

(b) in Scotland, the Court of Session or the sheriff, and

(7) Subsection (1) is—

(a) subject to sections 4 and 5 (authorised association and other exceptions), and

(b) enforceable only by the Organising Committee in accordance with subsections (4) and (5) and sections 6 and 7.

Authorised association

4

(1) Section 3(1) is not breached by the use of a representation in accordance with an authorisation granted by the Organising Committee.

(2) An authorisation granted under this section may—

(a) be granted in respect of a person or a description of person;

(b) be granted in respect of a description of representation;

(d) be revoked.

(3) In considering whether or not to grant an authorisation under this section, the Organising Committee may have regard to, among other things, any agreements entered into (whether by the Secretary of State or otherwise) for the purposes of the Games.

(4) An authorisation granted under this section must be in writing.

Exceptions to the prohibition on unauthorised association

5

Intellectual property rights1Section 3(1) is not breached by—athe use of a trade mark registered under the Trade Marks Act 1994 for goods or services for which it is registered;bthe use of a design registered under the Registered Designs Act 1949;cthe exercise of another intellectual property right subsisting immediately before the day on which this Act is passed.

Continuous use2Section 3(1) is not breached by the use of a representation in any manner by a person acting in the course of a business if—aimmediately before 21 December 2017, the representation was used in that manner for the purpose of activities constituting the business, andbthe representation has continued to be used in that manner for that purpose since that day.

Fair use3Section 3(1) is not breached by—athe use by a person of the person's name or address,bthe use of indications concerning—ithe kind, quality, quantity, intended purpose, value or geographical origin, or any other characteristic, of goods or services, oriithe time of production of goods or of the provision of services, orcthe use of a representation for the purpose of identifying or referring to goods or services as those of a person authorised under section 4,provided, in each case, that the use is in accordance with honest practices in industrial or commercial matters.4Section 3(1) is not breached by the use of a representation—ain a report of a Games event,bfor the purpose of sharing information about the Games,cfor the purpose of promoting—isuch a report, oriithe sharing of such information, ordas an incidental inclusion in a literary work, dramatic work, artistic work, sound recording, film or broadcast.5Any reference in subsection (4) to a report of a Games event or the sharing of information about the Games does not include a reference to material that is published or broadcast for the purpose of promoting something other than the Games.6Terms used in subsections (4)(d) and (5) 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.

Dealings in authorised goods7Section 3(1) is not breached by the use of a representation in relation to goods (the “current use”) if—athe goods bear the representation,bthey were put on the market in accordance with an authorisation granted by the Organising Committee under section 4, andcthe current use is in accordance with that authorisation.

Organising Committee8Section 3(1) is not breached by the use of a representation by the Organising Committee.

Information society services9Schedule 1 contains exceptions relevant to providers of information society services.

Enforcement of section 3(1) in relation to goods and documents

6

(1) A court may make any order falling within subsection (3) in respect of infringing goods or documents held by any person in the course of a business.

(2) “Infringing goods or documents” means—

(a) goods or documents that bear a representation in breach of section 3(1), or

(b) things that have been specifically designed or adapted to produce such goods or documents.

(3) The orders falling within this subsection are—

(a) an order that the infringing goods or documents be delivered up to—

(i) the Organising Committee, or

(ii) such other person as the court may direct;

(b) an order that the representation be erased, removed or obliterated from the infringing goods or documents;

(i) the person from whom they were delivered up, or

(ii) any other person having an interest in them;

(d) an order that the infringing goods or documents be forfeited to—

(i) the Organising Committee, or

(ii) such other person as the court may direct;

(e) an order that the infringing goods or documents be destroyed.

(4) No order for forfeiture or destruction may be made unless the court is satisfied that no other remedy available would be adequate to compensate the Organising Committee or protect its interests.

(5) In this section, “court” has the meaning given by section 3(6).

Protections for persons with an interest in goods or documents

7

(1) If the Organising Committee applies for an order under section 6—

(a) a copy of the application must be served on all identifiable persons having an interest in the infringing goods or documents;

(b) any person having an interest in the infringing goods or documents is entitled—

(i) to appear in proceedings under section 6 relating to the infringing goods or documents, and

(ii) to appeal against any order made in respect of the infringing goods or documents (whether or not the person appeared in the proceedings in which the order was made).

(2) No order for destruction or forfeiture under section 6 may take effect until—

(a) the end of the period during which notice of an appeal may be given, or

(b) if before the end of that period notice of an appeal is given, the final determination or abandonment of the appeal.

Guidance

8

(1) The Organising Committee must, before the end of the period of 31 days beginning with the day on which this Act is passed, publish guidance about the operation of this Part.

(2) The Organising Committee may revise guidance published in accordance with subsection (1).

Interpretation of Part 2

9

(1) In this Part—

“business” includes trade or profession;

“Games event” has the meaning given by section 1(3);

“goods” includes their packaging;

“infringing goods or documents” has the meaning given by section 6(2);

“use”, in relation to a representation, is to be read in accordance with section 3(3).

(2) In the application of this Part to Scotland—

(a) “accounts” means count, reckoning and payment;

(b) “delivery up” means delivery;

PART 3 — Touting, advertising and trading offences

Touting

Ticket touting offence

10

(1) It is an offence to tout a Games ticket.

(2) A person touts a Games ticket if the person—

(a) carries out an activity falling within subsection (3)—

(i) in a public place,

(ii) in the course of a business, or

(iii) with a view to any person making a profit, and

(b) does so otherwise than in accordance with an authorisation granted by the Organising Committee.

(3) The following activities fall within this subsection—

(a) selling a Games ticket;

(b) offering to sell a Games ticket;

(d) advertising that a Games ticket is available for purchase (but see subsection (4)).

(4) It is not an offence for a person (“A”) to advertise that a Games ticket is available for purchase from another person (“B”) unless A knows, or ought to know, that B is touting a Games ticket.

(5) In this section, a reference to the sale of a Games ticket includes a reference to the giving of a Games ticket to a person who pays, or agrees to pay, for other goods or services; and a reference to “advertising that a Games ticket is available for purchase” is to be read accordingly.

(6) A “Games ticket” is anything that is or purports to be a ticket to a Games event.

(7) The Organising Committee cannot commit an offence under this section.

(8) A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding £50,000.

(9) Any penalty imposed by a court in Scotland on a body corporate or Scottish partnership on conviction of an offence under this section is to be recoverable by civil diligence in accordance with section 221 of the Criminal Procedure (Scotland) Act 1995.

(10) This section and section 11 (ticket touting outside the United Kingdom) are subject to Schedule 2 (providers of information society services).

Ticket touting outside the United Kingdom

11

(1) If a United Kingdom person does something outside the United Kingdom that, if done in the United Kingdom, would constitute an offence under section 10, the person commits an offence under that section.

(2) A service provider that is not a United Kingdom person but is established in the United Kingdom commits an offence under section 10 if—

(a) the service provider does something in an EEA state other than the United Kingdom in the course of providing information society services, and

(b) the action, if done in the United Kingdom, would constitute an offence under that section.

(3) Proceedings for an offence committed under section 10 by virtue of this section may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.

(4) In the application of subsection (3) to Scotland, proceedings against a person may be taken—

(a) in the sheriff court district in which the person is apprehended or in custody, or

(b) in such sheriff court district as the Lord Advocate may determine.

(5) See paragraph 1 of Schedule 2 for restrictions on the institution of proceedings against service providers established in an EEA state other than the United Kingdom.

(6) In this section—

“established”, in relation to a service provider, is to be read in accordance with paragraph 6 of Schedule 2;

“information society services” has the meaning given by paragraph 5 of Schedule 2;

“service provider” has the meaning given by paragraph 5 of Schedule 2;

“sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act);

“United Kingdom 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;

“United Kingdom person” means—a United Kingdom national;an individual habitually resident in the United Kingdom;a body incorporated under the law of a part of the United Kingdom;a Scottish partnership.

Other provision about authorisations under section 10

12

(1) An authorisation granted by the Organising Committee under section 10 may—

(a) be granted in respect of a person or a description of person;

(b) be subject to conditions;

(2) In considering whether or not to grant an authorisation under section 10, the Organising Committee may have regard to, among other things, any agreements entered into (whether by the Secretary of State or otherwise) for the purposes of the Games.

(3) An authorisation granted under section 10 must be in writing.

Advertising

Advertising offence

13

(1) It is an offence for a person—

(a) to carry out Games location advertising (see subsection (2));

(b) to arrange for such advertising to be carried out;

(2) For the purposes of this section a person carries out “Games location advertising” if—

(a) the person does something in, or in the vicinity of, a specified Games location at any time during a specified period, and

(b) the thing is done wholly or partly for the purpose of promoting a product, service or business specifically to members of the public—

(i) who are in, or in the vicinity of, the Games location, or

(ii) who are watching or listening to a broadcast of a Games event.

“Specified” means specified in regulations made by the Secretary of State.

(3) Any period specified for the purposes of this section must—

(a) begin no earlier than the beginning of the period of 21 days ending immediately before the day on which the Games begin, and

(b) end no later than the end of the period of 5 days beginning with the day after the day on which the Games end.

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