Enforcement of offences 35 33 Penalties (1) A person convicted of a ticket touting offence, a trading offence or an advertising offence is liable— (a) on summary conviction, to a fine not exceeding £20,000, 12 UEFA European Championship (Scotland) Bill (b) on conviction on indictment, to a fine. (2) A person convicted of an obstruction offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 34 Individual culpability where offending by an organisation 5 (1) This section applies where— (a) an offence under this Act is committed by a relevant organisation, and (b) the commission of the offence— (i) involves consent or connivance on the part of a responsible individual, or (ii) is attributable to neglect on the part of a responsible individual. 10 (2) The responsible individual (as well as the relevant organisation) commits the offence. 1 (3) In this section— “relevant organisation” mean an organisation listed in the first column of the table in subsection (4), “responsible individual” means, in relation to a relevant organisation— 15 (a) an individual falling within the corresponding entry in the second column of the table in subsection (4), or (b) an individual purporting to act in the capacity of an individual falling within the corresponding entry. (4) The table is as follows— 20 20 Relevant organisation Individual 21 company as mentioned in section 1 director, manager, secretary or other similar 22 of the Companies Act 2006 officer member, where the company’s affairs are managed by its members 25 25 limited liability partnership member 26 other partnership partner 27 any other body or association individual who is concerned in the management or control of its affairs Final provisions 30 35 Ancillary provision (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. 35 (2) Regulations under this section may modify any enactment (including this Act). 13 UEFA European Championship (Scotland) Bill 36 Regulation-making powers (1) Any power of the Scottish Ministers to make regulations conferred by this Act includes power to make— (a) different provision for different purposes, 5 (b) different provision for different areas. (2) Regulations under section 35— (a) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure, (b) otherwise, are subject to the negative procedure. 10 (3) Regulations under sections 5(2), 6(3) and 12(3) are subject to the affirmative procedure. 1 (4) Regulations under sections 1(1), 29(4) and 32 are subject to the negative procedure. 37 Interpretation In this Act— “advertise” and “advertising” are to be construed in accordance with section 13, 15 “advertisement” means any word, letter, image, mark, sound, light, model, sign, placard, board, notice, screen, awning, blind, flag, device, costume or representation— (a) whether illuminated or not, and (b) in the nature of, and employed wholly or partly for the purposes of, 20 advertisement, promotion, announcement or direction, “advertising licence” has the meaning given by section 15(2), “advertising offence” has the meaning given by section 12(1), “advertising regulations” has the meaning given by section 12(3), “ambush marketing” means an act or series of acts intended specifically to advertise 25 within an event zone at a prohibited time— (a) a good or service, or (b) a person who provides a good or service, “article” includes a living thing, “building” does not include— 30 (a) a caravan, marquee, stall, tent or other temporary or moveable structure, (b) a building (or part of a building) which is designed or used generally as a car park, (c) a telephone kiosk, “Championship” has the meaning given by section 1(1), 35 “Championship offence” has the meaning given by section 18(1)(a), “Championship period” has the meaning given by section 1(1), “Championship ticket” has the meaning given by section 1(1), “enforcement officer” has the meaning given by section 17(1), 14 UEFA European Championship (Scotland) Bill “event zone” has the meaning given by section 1(1), “existing street trader” has the meaning given by section 7(4), “house”— (a) means any building (or part of a building), flat, mobile home, houseboat, 5 caravan or other place which is occupied only as a separate dwelling, (b) does not include any yard, garden, garage, outbuilding or other similar area or structure, “infringing article” has the meaning given by section 18(3), “newspaper” excludes a newspaper whose sole or principal effect is to advertise 10 a good or service, or a person who provides a good or service, in an event zone 1 at a prohibited time, “obstruction offence” has the meaning given by section 30, “open public place” means— (a) a road, or 15 (b) another place— (i) to which the public have access (whether generally or only for the purpose of the trading), and (ii) which is not in a building (except one designed or generally used for the parking of cars), 20 “performance of a play” means performance of any dramatic piece, whether improvisational or not— (a) given wholly or in part by one or more persons actually present and performing, and (b) in which the whole or a major proportion of what is done by the person 25 performing, whether by way of speech, singing or action, involves the playing of a role, “public entertainment” means— (a) a performance of live music for members of the public, (b) any playing of recorded music for members of the public, 30 (c) a performance of dance for members of the public, (d) a performance of a play for members of the public, (e) any entertainment of a similar description to that in paragraphs (a) to (d), “the touting offence” has the meaning given by section 2, “trade” and “trading” are to be construed in accordance with section 7, 35 “trading licence” means— (a) a street trader’s licence granted by Glasgow City Council under section 39 of the Civic Government (Scotland) Act 1982, (b) a market operator’s licence granted by Glasgow City Council under section 40 of that Act, or 40 (c) a certificate granted under the Pedlars Act 1871, 15 UEFA European Championship (Scotland) Bill “the trading offence” has the meaning given by section 6, “the trading regulations” means regulations made under section 6(3), “UEFA” means the Union des...