PART 3Touting, advertising and trading offences

Supplementary and general

24Interpretation of Part 3

1

In this Part—

  • “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);

  • “Games location” means a place in England which—

    1. a

      is, or is to be, used for a Games event, or

    2. b

      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—

    1. a

      any substance;

    2. b

      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—

    1. a

      a county council,

    2. b

      a district council,

    3. c

      a London borough council, or

    4. d

      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.

2

In determining for the purposes of section 16 whether a person is carrying out Games location trading—

a

it is not necessary for both of the following conditions to be met—

i

that the making of an offer, or the exposure of an item for sale, occurs in a specified Games location or (as the case may be) a relevant public place;

ii

that any person to whom the offer is made or item exposed is in a specified Games location or (as the case may be) a relevant public place when the offer is made or item exposed;

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.