Birmingham Commonwealth Games Act 2020
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Change 1
10 Ticket touting offence
(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; (c) exposing a Games ticket for sale; (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).
10 Ticket touting offence
(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; (c) exposing a Games ticket for sale; (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).
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