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

Scottish Statutory Instruments

2013 No. 260 (C. 19)

Sports Grounds And Sporting Events

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(1).

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.

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th September 2013

EXPLANATORY NOTE

(This note is not part of the Order)

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).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Glasgow Commonwealth Games Act 2008 have been brought into force by commencement orders made before the date of this Order.

Provision	Date of Commencement	S.S.I. No.
Section 1	13th November 2009	S.S.I. 2009/377
Section 2(3)	13th November 2009	S.S.I. 2009/377
Section 3	13th November 2009	S.S.I. 2009/377
Section 4	13th November 2009	S.S.I. 2009/377
Section 5	13th November 2009	S.S.I. 2009/377
Section 6	13th November 2009	S.S.I. 2009/377
Section 9	13th November 2009	S.S.I. 2009/377
Section 10(2)	13th November 2009	S.S.I. 2009/377
Section 11(4)	13th November 2009	S.S.I. 2009/377
Section 12	13th November 2009	S.S.I. 2009/377
Section 13	13th November 2009	S.S.I. 2009/377
Section 14	13th November 2009	S.S.I. 2009/377
Section 16	13th November 2009	S.S.I. 2009/377
Section 17	29th November 2012	S.S.I. 2012/261
Section 18	29th November 2012	S.S.I. 2012/261
Section 19	13th November 2009	S.S.I. 2009/377
Section 20(1) to (3)	29th November 2012	S.S.I. 2012/261
Section 20(4)	13th November 2009	S.S.I. 2009/377
Section 21	13th November 2009	S.S.I. 2009/377
Section 22	29th November 2012	S.S.I. 2012/261
Section 23	29th November 2012	S.S.I. 2012/261
Section 24	29th November 2012	S.S.I. 2012/261
Section 25	29th November 2012	S.S.I. 2012/261
Section 26	29th November 2012	S.S.I. 2012/261
Section 27	29th November 2012	S.S.I. 2012/261
Section 28	29th November 2012	S.S.I. 2012/261
Section 29	29th November 2012	S.S.I. 2012/261
Section 30(1)	29th November 2012	S.S.I. 2012/261
Section 30(2)	13th November 2009	S.S.I. 2009/377
Section 30(3)	29th November 2012	S.S.I. 2012/261
Section 31	29th November 2012	S.S.I. 2012/261
Section 32	29th November 2012	S.S.I. 2012/261
Section 33	13th November 2009	S.S.I. 2009/377
Section 34(2)	29th November 2012	S.S.I. 2012/261
Section 35(2)	29th November 2012	S.S.I. 2012/261
Section 36	29th November 2012	S.S.I. 2012/261
Section 37	13th November 2009	S.S.I. 2009/377
Section 38	13th November 2009	S.S.I. 2009/377
Section 39	13th November 2009	S.S.I. 2009/377
Section 40	13th November 2009	S.S.I. 2009/377
Section 41	20th June 2008	S.S.I. 2008/245
Section 42	20th June 2008	S.S.I. 2008/245
Section 44	13th November 2009	S.S.I. 2009/377
Section 45	13th November 2009	S.S.I. 2009/377
Section 46	13th November 2009	S.S.I. 2009/377

(1)

2008 asp 4.