Reform history

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

- (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.

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

- (3) The reference in subsection [(2)](https://www.legislation.gov.uk/ukpga/2020/10/section/2/2/enacted) [(b)](https://www.legislation.gov.uk/ukpga/2020/10/section/2/2/b/enacted) 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.

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

- (6) In subsection [(5)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/5/enacted), “court” means—

- (1) Section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted) is not breached by the use of a representation in accordance with an authorisation granted by the Organising Committee.

Intellectual property rights 1 Section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted) is not breached by— a the use of a trade mark registered under the Trade Marks Act 1994 for goods or services for which it is registered; b the use of a design registered under the Registered Designs Act 1949; c the exercise of another intellectual property right subsisting immediately before the day on which this Act is passed.

Continuous use 2 Section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted) is not breached by the use of a representation in any manner by a person acting in the course of a business if— a immediately before 21 December 2017, the representation was used in that manner for the purpose of activities constituting the business, and b the representation has continued to be used in that manner for that purpose since that day.

Fair use 3 Section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted) is not breached by— a the use by a person of the person’s name or address, b the use of indications concerning— i the kind, quality, quantity, intended purpose, value or geographical origin, or any other characteristic, of goods or services, or ii the time of production of goods or of the provision of services, or c the 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. 4 Section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted) is not breached by the use of a representation— a in a report of a Games event, b for the purpose of sharing information about the Games, c for the purpose of promoting— i such a report, or ii the sharing of such information, or d as an incidental inclusion in a literary work, dramatic work, artistic work, sound recording, film or broadcast. 5 Any reference in subsection [(4)](https://www.legislation.gov.uk/ukpga/2020/10/section/5/4/enacted) 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. 6 Terms used in subsections [(4)(d)](https://www.legislation.gov.uk/ukpga/2020/10/section/5/4/d/enacted) and [(5)](https://www.legislation.gov.uk/ukpga/2020/10/section/5/5/enacted) 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 goods 7 Section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted) is not breached by the use of a representation in relation to goods (the “current use”) if— a the goods bear the representation, b they were put on the market in accordance with an authorisation granted by the Organising Committee under section 4, and c the current use is in accordance with that authorisation.

Organising Committee 8 Section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted) is not breached by the use of a representation by the Organising Committee.

Information society services 9 Schedule 1 contains exceptions relevant to providers of information society services.

- (1) A court may make any order falling within subsection [(3)](https://www.legislation.gov.uk/ukpga/2020/10/section/6/3/enacted) 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)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted), or

- (5) In this section, “court” has the meaning given by section 3[(6)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/6/enacted).

- (2) The Organising Committee may revise guidance published in accordance with subsection [(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/8/1/enacted).

- “business” includes trade or profession;

- “Games event” has the meaning given by section 1[(3)](https://www.legislation.gov.uk/ukpga/2020/10/section/1/3/enacted);

- “goods” includes their packaging;

- “infringing goods or documents” has the meaning given by section 6[(2)](https://www.legislation.gov.uk/ukpga/2020/10/section/6/2/enacted);

- “use”, in relation to a representation, is to be read in accordance with section 3[(3)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/3/enacted).

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

- (b) “delivery up” means delivery;

- (c) “injunction” means interdict.

- (a) carries out an activity falling within subsection [(3)](https://www.legislation.gov.uk/ukpga/2020/10/section/10/3/enacted)—

- (d) advertising that a Games ticket is available for purchase (but see subsection [(4)](https://www.legislation.gov.uk/ukpga/2020/10/section/10/4/enacted)).

- (4) In the application of subsection [(3)](https://www.legislation.gov.uk/ukpga/2020/10/section/11/3/enacted) to Scotland, proceedings against a person may be taken—

- “established”, in relation to a service provider, is to be read in accordance with paragraph [6](https://www.legislation.gov.uk/ukpga/2020/10/schedule/2/paragraph/6/enacted) of Schedule 2;

- “information society services” has the meaning given by paragraph [5](https://www.legislation.gov.uk/ukpga/2020/10/schedule/2/paragraph/5/enacted) of Schedule 2;

- “service provider” has the meaning given by paragraph [5](https://www.legislation.gov.uk/ukpga/2020/10/schedule/2/paragraph/5/enacted) 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.

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

“Specified” means specified in the regulations.

- “Games location trading” means— trading in a specified Games location at any time during a specified period, or trading in a relevant public place in the vicinity of a Games location at any time during a specified period;

- “relevant public place” has the meaning given by subsection (8);

- “specified” means specified in regulations made by the Secretary of State;

- “trading” means— selling an item, or offering or exposing an item 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).

- (8) In this section “relevant public place” means—

- (4) In subsection (3)(b) “public call box” has the same meaning as in Class A of Part 16 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 ([S.I. 2015/596](https://www.legislation.gov.uk/uksi/2015/596)).

“Specified” means specified in the regulations.

- (5) In paragraph 10 of Schedule 5 to that Act (duties and powers to which Schedule 5 applies), insert at the appropriate place—

> - section 20(1) and (3) of the Birmingham Commonwealth Games Act 2020;

.

- (5) Where a body corporate or Scottish partnership commits an offence under section 10 by virtue of section 11[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/11/1/enacted) or [(2)](https://www.legislation.gov.uk/ukpga/2020/10/section/11/2/enacted) (ticket touting outside the United Kingdom), subsections [(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/21/1/enacted) to [(4)](https://www.legislation.gov.uk/ukpga/2020/10/section/21/4/enacted) apply only in respect of a person who is a United Kingdom person.

“United Kingdom person” has the meaning given by section 11[(6)](https://www.legislation.gov.uk/ukpga/2020/10/section/11/6/enacted).

- (2) In subsection (1) “the advertising and trading provisions” means—

- (3) The Organising Committee may revise guidance published in accordance with subsection [(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/23/1/enacted).

- (a) provide a copy of any guidance published in accordance with subsection (1) to each relevant trader in the authority’s area who the authority consider may be affected by section 16 (the trading offence), and

- (5) In subsection (4) “relevant trader”, in relation to a local authority, means—

- “advertising” means anything done wholly or partly for the purpose of promoting a product, service or business to the public or a section of the public;

- “advertising licence” means a licence permitting the carrying out of advertising;

- “business” includes trade or profession;

- “enactment” includes an Act of the Scottish Parliament;

- “Games event” has the meaning given by section 1[(3)](https://www.legislation.gov.uk/ukpga/2020/10/section/1/3/enacted);

- “Games location” means a place in England which— is, or is to be, used for a Games event, or is otherwise used, or to be used, in connection with the Games (whether before, during or after the Games);

- “Games location advertising” is to be read in accordance with section 13(2);

- “Games location trading” has the meaning given by section 16(2);

- “item” includes— any substance; any animal or plant;

- “licence” includes any kind of consent, certificate, permission or authority (by whatever name) granted by a landowner, local authority or other person in accordance with any enactment, Charter or other document;

- “local authority” means— a county council, a district council, a London borough council, or the Common Council of the City of London;

- “motor vehicle” has the same meaning as in the Road Traffic Act 1988 (see section 185(1) of that Act);

- “relevant public place” has the meaning given by section 16(8);

- “trading” has the meaning given by section 16(2);

- “trading licence” means a licence permitting the carrying out of trading.

- (b) 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.

- (2) A “Games transport plan” means a plan that relates to one or more areas in England and addresses transport matters relating to the Games.

- (4) Before preparing or revising the plan, the authority directed under subsection (1) must consult the persons referred to in subsection [(5)](https://www.legislation.gov.uk/ukpga/2020/10/section/25/5/enacted).

- (d) any chief officer of police whom the authority directed under subsection [(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/25/1/enacted) consider it appropriate to consult;

- (7) The requirement in subsection [(4)](https://www.legislation.gov.uk/ukpga/2020/10/section/25/4/enacted) may be satisfied by consultation undertaken before the coming into force of this section.

- (8) A direction under subsection [(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/25/1/enacted)—

- (b) regulations 6 and 8(3) of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 ([S.I. 1992/1215](https://www.legislation.gov.uk/uksi/1992/1215)).

- (2) Subsection [(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/27/1/enacted) applies in respect of a road only if the local traffic authority for the road are specified in regulations made by the Secretary of State.

- (3) The Secretary of State may specify a local traffic authority under subsection [(2)](https://www.legislation.gov.uk/ukpga/2020/10/section/27/2/enacted) only with the authority’s consent.

- (b) if different, an authority directed under section 25[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/25/1/enacted),

- (6) An authority directed under section 25[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/25/1/enacted) may not be directed under this section to exercise any power conferred on that authority by section 27(1).

- (7) A direction under subsection [(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/28/1/enacted)—

- “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;

- “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

- “Games transport plan” has the meaning given by section 25(2);

- “local authority” means— a county council, a district council, a London borough council, or the Common Council of the City of London;

- “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;

- “traffic authority” has the meaning given by section 121A of the RTRA 1984.

- (1) A service provider does not breach section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted) by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not—

- (1) A service provider does not breach section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted) by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met.

- (1) A service provider does not breach section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted) by storing information provided by a recipient of the service if—

- (a) the service provider had no actual knowledge when the information was provided that its provision constituted a breach of section 3[(1)](https://www.legislation.gov.uk/ukpga/2020/10/section/3/1/enacted), or

- “information society services”— has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive [98/34/EC](https://www.legislation.gov.uk/european/directive/1998/0034) of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

- “recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

- “service provider” means a person providing an information society service;

- “the E-Commerce Directive” means Directive [2000/31/EC](https://www.legislation.gov.uk/european/directive/2000/0031) of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

- “non-UK service provider” means a service provider established in an EEA state other than the United Kingdom;

- “the public interest objective” means the pursuit of public policy.

- “established”, in relation to a service provider, is to be read in accordance with paragraph [6](https://www.legislation.gov.uk/ukpga/2020/10/schedule/2/paragraph/6/enacted);

- “information society services”— has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive [98/34/EC](https://www.legislation.gov.uk/european/directive/1998/0034) of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

- “recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

- “service provider” means a person providing an information society service;

- “the E-Commerce Directive” means Directive [2000/31/EC](https://www.legislation.gov.uk/european/directive/2000/0031) of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

- (3) Where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider’s activities relating to that service.

- “the 2015 Act” means the Consumer Rights Act 2015;

- “officer”, in relation to a relevant 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;

- “relevant authority” means— in the case of an offence under section 10— a local weights and measures authority in Great Britain, or the Department for the Economy in Northern Ireland; in the case of an offence under section 13 or 16, a local weights and measures authority in England;

- “relevant offence” means an offence under section 10, 13 or 16.

- (a) search or examine anything which appears to be in the person’s possession or control, and

- (b) seize and detain or remove any item which appears to be in the person’s possession or control.

- (1) 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.

- (b) 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)](https://www.legislation.gov.uk/nisi/1989/1341)).

- (2) In this paragraph “seized item” means an item seized—

- (1) A local weights and measures authority in England or Wales may exercise a power conferred by this Schedule in a part of England or Wales that is outside that authority’s area.

- (2) A local weights and measures authority in Scotland may exercise a power conferred by this Schedule in a part of Scotland that is outside that authority’s area.

- (2) In sub-paragraph (1) “relevant power” means—

- (2) In sub-paragraph (1) “specified” means specified in the regulations.