Birmingham Commonwealth Games Act 2020 (c. 10)

PART 3 Touting, advertising and trading offences

Supplementary and general

24 Interpretation 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—

  (a)

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

  (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—

  (a)

  any substance;

  (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—

  (a)

  a county council,

  (b)

  a district council,

  (c)

  a London borough council, or

  (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.