Subordinate Legislation Committee

Meeting date: Tuesday, October 23, 2012

Official Report 271KB pdf

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Instruments subject to Affirmative Procedure

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Glasgow Commonwealth Games Act 2008 (Ticket Touting Offence) (Exceptions for Use of Internet etc) (Scotland) Regulations 2012 [Draft]

Are there any comments on the regulations?

The papers that have been provided to us say that

“The touting offence applies to acts done in or outwith Scotland.”

I am not sure whether the Parliament has the jurisdiction to deal with what is done “outwith Scotland”, so I seek clarification on that.

The provision for application outwith Scotland does not relate to the regulations that the committee is considering. Section 17(5) of the Glasgow Commonwealth Games Act 2008 provides that the ban on ticket touting

“applies to acts done in or outwith Scotland.”

That applies as a matter of Scots law, and for proceedings in the Scottish courts, as a matter of jurisdiction. If we look at regulation 3, we see that it relates to acts of information society service providers

“established in an EEA state”.

Section 17(5) of the 2008 act means that that provision extends to acts that are done in European economic area states, but only as a matter of Scots law and in relation to Scottish proceedings.

I know that it is a different jurisdiction, but was similar legislation put in place to protect the Commonwealth games in Manchester and the Olympics in London from ticket touting outwith the United Kingdom’s borders?

I am not immediately in a position to confirm the point about the Olympics. There might have been ticket touting provisions in the London Olympic Games and Paralympic Games Act 2006, but I am assuming that because of the provision in the Glasgow Commonwealth Games Act 2008. I am not able to confirm that.

Sure, but you seem to be saying that, under Scots law, it is quite standard to have this type of provision on ticket touting. Is that what I am hearing?

Express provision has been made in the Glasgow Commonwealth Games Act 2008 for application outwith Scotland.

Okay.

Is the provision in the original act rather than in the regulations that are before the committee today?

Yes.

Thank you. Is the committee therefore content with the regulations?

Members indicated agreement.

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Rent (Scotland) Act 1984 (Premiums) Regulations 2012 [Draft]

The committee agreed that no points arose on the instrument.