The Glasgow Commonwealth Games Act 2008 (“The 2008 Act”) received Royal assent on 10 June 2008. The main purposes of the 2008 Act is to give effect to many of the commitments made by the Scottish Government as part of Glasgow’s bid to host the 2014 Commonwealth Games and otherwise to facilitate the staging of the Games. This legislation aims to protect the Games from ambush marketing and ticket touts, while putting powers in place to address matters such as transport and land purchase. The 2008 Act also provided the legislative framework needed to enable Scotland to fulfil the requirements which the Commonwealth Games Federation places on host cities.
The provisions of the 2008 Act extend to a number of different aspects of the Games:-
The 2008 Act enables the Scottish Government to provide the Glasgow 2014 Organising Committee (“the OC”) with funding and other assistance.
The 2008 Act makes it an offence to offer a Games ticket for sale in public and for a profit.
The 2008 Act requires the OC to produce a transport plan and enables traffic restrictions to be put in place e.g. Games Lanes and signal priorities at traffic lights
The 2008 Act sets out a general enforcement power and grants enforcement officers the power to prevent or end a Games related offence (e.g. by seizing goods).
If property is damaged in the course of using the general enforcement power in the 2008 Act and the enforcement action does not relate to a Games offence by that person, the person is entitled to claim compensation. The Glasgow Commonwealth Games Act 2008 (Compensation for Enforcement Action) (Scotland) Regulations 2013 provide a process for claiming compensation.
The 2008 Act makes it a criminal offence to trade in the street within the vicinity of a Games event, unless authorised by the OC. The Glasgow Commonwealth Games (Trading and Advertising) Regulations 2013 (“The Trading and Advertising Regulations”) set out the detail of the offence and prescribe the circumstances for which exemptions will apply.
Unauthorised Advertising and Ambush Marketing
The Trading and Advertising Regulations prevent people and companies from advertising in the vicinity of Games venues without permission from the OC.
Ambush marketers often find new and innovative ways to associate brands in an unauthorised fashion with large scale events. The Trading and Advertising Regulations will apply to all types of advertising, including advertising which is displayed on clothing worn as part of an ambush marketing campaign.
Detailed Provisions of the Trading and Advertising Regulations (including a Plain English Version) can be found at the following links:
The Games are sponsored by companies who pay to associate themselves with the event. The Games Association Rights Order 2009 prevents companies from associating themselves with the Games when they are not authorised to do so and helps ensure that the 2014 Games are protected against ambush marketing across the UK.
Lead Shooting Over Wetlands
Shooting lead over wetlands areas is currently illegal. As the 2014 clay target shooting event at Barry Buddon will take place over wetlands, specific regulations will be put in place to ensure that the event can take place.
Current legislation does not enable core paths to be closed or access to them restricted. A number of core paths will need to be closed around Games venues, in the main because of safety and security concerns. Secondary legislation is being put in place which will enable these closures to be put in place
Compulsory Purchase Orders
The 2008 Act enabled compulsory acquisition of land for Games purposes - this was used to help prepare the land for the Emirates arena and Athletes’ Village.