UEFA European Championship (Scotland) Act 2026

2026 asp 4

An Act of the Scottish Parliament to make provision in relation to the Union of European Football Associations Championship that is to be held, in part, in Glasgow.

Enacted The Bill for this Act of the Scottish Parliament was passed by the Parliament on 15th January 2026 and received Royal Assent on 27th February 2026

Introductory¶

^I11 Meaning of key terms¶

1 In this Act—

the “Championship” means the UEFA European Championship that is to be held, in part, in Glasgow,
the “Championship period” means the period specified in regulations made by the Scottish Ministers,
a “Championship ticket” means any ticket, card, electronic device or other thing which entitles an individual to attend a football match which is held as part of the Championship (whether or not held in Scotland),
an “event zone” means—
1. the Hampden Park zone, or
2. any other zone in Glasgow,
as defined in regulations made by the Scottish Ministers,
“prohibited time” means a time during the Championship period that is—
1. a prohibited time for the purpose of the trading offence, or
2. a prohibited time for the purpose of the advertising offence,
as specified in regulations made by the Scottish Ministers.

2 Other terms and expressions used in this Act are set out in section 38.

Ticket touting¶

^I22 Ban on ticket touting¶

1 It is an offence to tout a Championship ticket (“the touting offence”).

2 A person touts a Championship ticket if the person does any act falling within subsection (3)—

a in relation to the sale, or proposed sale, of a Championship ticket for an amount exceeding the ticket’s face value, or

b with a view to making a profit.

3 Acts which fall within this subsection are—

a selling a Championship ticket,

b offering to sell a Championship ticket,

c exposing a Championship ticket for sale,

d advertising that a Championship ticket is available for purchase,

e making a Championship ticket available for sale by another person, and

f giving away (or offering to give away) a Championship ticket on condition that the person given the ticket—

i pays a booking fee or other charge, or

ii acquires some other goods or services.

4 The touting offence does not apply in relation to acts falling within subsection (3) done by—

a UEFA, or

b a person acting in accordance with an authorisation granted by UEFA.

5 The amount payable for a Championship ticket is to be treated as including—

a the amount of any booking fee or other charge imposed as a condition of sale,

b the amount payable for any other goods or services which are to be acquired as a condition of sale, and

c the market value of any goods or services received in exchange for the ticket.

6 The reference in subsection (2)(b) to making a profit is, where the act is done by a person other than the person disposing of the ticket, to be read as a reference to assisting the person disposing of the ticket to make or attempt to make a profit.

^I33 Exception for charity auctions¶

1 The touting offence does not apply in relation to the sale of a Championship ticket in an auction conducted—

a by a charity, or

b by a person other than a charity, provided that the proceeds of the ticket’s sale are given to a charity.

2 In subsection (1), “charity” means—

a a body which is registered—

i in the Scottish Charity Register,

ii in the register kept under section 16 of the Charities Act (Northern Ireland) 2008,

iii in relation to the Republic of Ireland, in the register kept under section 39 of the Charities Act 2009, or

iv in the register kept under section 29 of the Charities Act 2011, or

b a body which—

i is established under the law of any territory outwith Scotland, England, Wales, Northern Ireland or the Republic of Ireland,

ii is managed or controlled wholly or mainly outwith Scotland, England, Wales, Northern Ireland or the Republic of Ireland, and

iii meets the condition mentioned in subsection (3) or the condition mentioned in subsection (4).

3 The condition is that the body is registered in a register corresponding to the Scottish Charity Register.

4 The condition is that, if there is no such register in the territory where the body is established—

a the body’s purposes consist only of one or more of the charitable purposes mentioned in section 7(2) of the Charities and Trustee Investment (Scotland) Act 2005, and

b the body provides public benefit to be construed in accordance with section 8 of that Act.

^I44 Exception for certain advertisers etc.¶

A person (“A”) who advertises that a Championship ticket is available for purchase from, or makes a ticket available for sale by, another person (“B”) does not commit the touting offence if—

a the proposed ticket sale would constitute a touting offence only because B intends to—

i sell the ticket for an amount exceeding the ticket’s face value, or

ii make a profit as a result of the sale, and

b A does not, and could not reasonably be expected to, know B’s intention.

^I55 Exceptions for providers of information society services etc.¶

1 Section 2 (ban on ticket touting) is subject to schedule 1 (exceptions for providers of information society services etc.).

2 The Scottish Ministers may by regulations modify schedule 1.

3 Regulations under subsection (2) may specify further circumstances in which making facilities available in connection with electronic communications or the storage of data is, or is not, to be capable of constituting the touting offence.

Street trading etc.¶

^I66 Ban on outdoor trading within event zones¶

1 It is an offence to trade within an event zone at a prohibited time (“the trading offence”).

2 The trading offence does not apply to—

a trading in a building, or

b the types of trading specified in schedule 2.

3 The Scottish Ministers may by regulations (“the trading regulations”)—

a modify schedule 2,

b make such further provision as they consider appropriate in relation to trading within event zones.

4 The trading offence does not apply to trading done by UEFA if that trading is done in accordance with any conditions imposed by the trading regulations.

^I77 Trading activities and places¶

1 An activity is to be treated as trading if it is the sale or offer for sale, in an open public place, of an article or service.

2 For the purpose of subsection (1), any of the following acts done in an open public place are to be treated as trading (except as exempted or permitted in schedule 2 or in the trading regulations by virtue of section 6(3) or 8(1))—

a selling an article,

b supplying a service,

c making an appeal to members of the public to give money or other property (or both) for charitable or other purposes (whether authorised or not under any enactment),

d providing public entertainment for gain or reward.

3 The trading regulations may prescribe, or provide criteria for determining—

a activities which are (or are not) to be treated as trading for the purpose of the trading offence,

b places or areas within an event zone where the trading offence will not apply, and

c alternative arrangements for existing street traders during the times when the trading offence applies.

4 In this Act, an “existing street trader” is any person—

a to whom a trading licence has been granted by Glasgow City Council authorising the person to trade at a place in Glasgow City Council’s area prior to the date on which this Act receives Royal Assent and which remains in force on that date, and

b who would, but for this Act, be entitled to trade within an event zone during the times when the trading offence applies.

^I88 Trading permitted in prescribed circumstances¶

1 The trading regulations may prescribe, or provide criteria for determining, circumstances in which trading which would otherwise constitute a trading offence is permitted.

2 Trading may, for example, be permitted by reference to—

a the person who is trading,

b the nature of the trading,

c the purpose of the trading, or

d the application of any profits.

^I99 Existing trading licences¶

It is not a defence for a person charged with the trading offence that the person has a trading licence, whether granted before or after this section comes into force.

^I1010 Alternative arrangements where existing trading banned during Championship¶

Glasgow City Council must offer alternative trading arrangements to existing street traders during the times when the trading offence applies.

^I1111 Guidance and information about trading¶

1 Glasgow City Council must issue guidance about trading within event zones.

2 The trading regulations may require such persons as are specified in the trading regulations to inform other persons about the effect or likely effect of section 6 and the trading regulations.

Advertising¶

^I1212 Ban on advertising within event zones¶

1 It is an offence to advertise within an event zone at a prohibited time (“the advertising offence”).

2 The advertising offence does not apply to the types of advertising specified in schedule 3.

3 The Scottish Ministers may by regulations (“the advertising regulations”)—

a amend but not repeal paragraph 1 of schedule 3,

b modify paragraphs 2 to 6 of schedule 3,

c make such further provision as they consider appropriate in relation to advertising within event zones.

4 Nothing in the advertising regulations is to permit any person to knowingly participate in ambush marketing.

5 The advertising offence does not apply to advertising by UEFA if that advertising is done in accordance with any conditions imposed by the advertising regulations.

^I1313 Advertising activities and places¶

1 An activity is to be treated as advertising if it is a communication to the public (or to a section of the public) for the purpose of promoting an item, service, business or other concern.

2 Any of the following acts done for that purpose are to be treated as advertising (except as exempted or permitted by schedule 3 or in the advertising regulations by virtue of section 12(3) or 14(1))—

a advertising of a non-commercial nature,

b announcements or notices,

c the giving away of any goods or services,

d the distribution or provision of documents or articles,

e the display or projection of words, images, lights or sounds,

f things done with or in relation to material which has or may have purposes or uses other than as an advertisement.

3 The advertising regulations may prescribe, or provide criteria for determining—

a activities which are (or are not) to be treated as advertising for the purposes of the advertising offence, and

b places or areas within an event zone where the advertising offence will not apply.

^I1414 Advertising permitted in prescribed circumstances¶

1 The advertising regulations may prescribe, or provide criteria for determining, circumstances in which advertising which would otherwise constitute an advertising offence is permitted.

2 Advertising may, for example, be permitted by reference to—

a the person who is advertising,

b the nature of the advertising,

c the purpose of the advertising, or

d the circumstances of its display.

^I1515 Existing advertising licences¶

1 It is not a defence for a person charged with the advertising offence that the person has an advertising licence whether granted before or after this section comes into force.

2 In subsection (1), “advertising licence” includes any kind of consent, certificate, permission or other authorisation (by whatever name) which relates to advertising.

^I1616 Guidance and information about advertising¶

1 Glasgow City Council must issue guidance about advertising within event zones.

2 The advertising regulations may require such persons as are specified in the advertising regulations to inform other persons about the effect or likely effect of section 12 and the advertising regulations.

Enforcement powers¶

^I1717 Enforcement officers¶

1 An “enforcement officer” is—

a an individual who—

i is employed by Glasgow City Council, and

ii is, in the Council’s view, sufficiently experienced in exercising functions of the kind conferred on enforcement officers by this Act, or

b an individual designated as such in accordance with subsection (2).

2 Glasgow City Council may designate an individual as an enforcement officer only if the individual—

a is an inspector of weights and measures (appointed under section 72(1) of the Weights and Measures Act 1985),

b is authorised by a local authority to enforce the provisions of section 92 of the Trade Marks Act 1994, or

c is employed by another local authority and is, in the Council’s view, sufficiently experienced in exercising functions of the kind conferred on enforcement officers by this Act.

^I1818 General enforcement powers¶

1 An enforcement officer may take such reasonable steps as the officer considers necessary—

a for the purpose of preventing or ending the commission of an offence under this Act (a “Championship offence”), or

b in connection with proceedings, or anticipated proceedings, in respect of a Championship offence.

2 Such steps may include seizing, concealing or destroying anything which the officer reasonably believes to be an infringing article (but see sections 19, 20 and 21).

3 An “infringing article” is—

a an article used in connection with the commission of a Championship offence, or

b a receptacle used as a container for such an article.

4 This section is subject to the restrictions imposed on an enforcement officer by—

a section 19 (restrictions on power to seize infringing article),

b section 20 (restrictions on power to conceal infringing article),

c section 21 (restrictions on power to destroy infringing article),

d section 24 (use of reasonable force),

e section 25 (further restrictions on entering houses), and

f section 27 (requirement to produce evidence of identity and authority).

^I1919 Restrictions on power to seize infringing article¶

1 An infringing article may be seized by an enforcement officer only if the officer considers it appropriate to do so for the purpose of—

a ending the commission of a Championship offence,

b preventing the future commission of such an offence,

c enabling the article to be used in proceedings for such an offence, or

d enabling the article to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995.

2 An infringing article that is seized under subsection (1) must be returned when retention of it is no longer justified for a purpose mentioned in that subsection.

3 Subsection (2) does not apply to perishable articles which no longer have any commercial value.

^I2020 Restrictions on power to conceal infringing article¶

1 An infringing article may be concealed by an enforcement officer only if the officer considers it appropriate for the purpose of—

a ending the commission of an advertising offence, or

b preventing the future commission of such an offence.

2 An infringing article that is concealed under subsection (1) must be revealed when concealing it is no longer justified for a purpose mentioned in that subsection.

^I2121 Restrictions on power to destroy infringing article¶

An infringing article may be destroyed only if the enforcement officer—

a considers it appropriate to do so for the purpose of—

i ending the commission of an advertising offence, or

ii preventing the future commission of such an offence, and

b does not consider seizing or concealing the article to be a reasonable alternative course of action in the circumstances.

^I2222 Power to enter and search¶

1 Where permission is given by the occupier (or another person with the authority to do so), an enforcement officer may, without warrant, enter any place and may search any place (and any vehicle, vessel, container or other thing at that place)—

a where the officer reasonably believes a Championship offence has been or is being committed, or

b which the officer reasonably believes has been or is being used in connection with a Championship offence.

2 Subsection (1) does not authorise an enforcement officer to—

a search an individual, or

b access data stored electronically.

3 An enforcement officer who enters a place in pursuance of this section must take reasonable steps to leave the place at least as effectively secured against unauthorised entry as the officer found it.

4 This section is subject to the restrictions imposed on an enforcement officer by—

a section 24 (use of reasonable force),

b section 25 (further restrictions on entering houses), and

c section 27 (requirement to produce evidence of identity and authority).

^I2323 Enforcement officers: assistance¶

1 An enforcement officer may be assisted by any other person as may be necessary for the purposes of taking action under section 18.

2 An enforcement officer may take to a place entered by virtue of section 22 any other person, or any equipment, as may be necessary for the purposes of assisting the officer.

3 A person referred to in subsection (1) or (2) must act under the officer’s direction at all times.

^I2424 Use of reasonable force¶

1 This section applies where no permission has been given by an occupier of a place (or another person with the authority to do so) for an enforcement officer to take action under section 18 or 22.

2 A constable may use reasonable force, or authorise the use of reasonable force by an enforcement officer or by any person assisting the officer, when action is being taken under section 18 or 22—

a if—

i the sheriff grants a warrant for the use of reasonable force, and

ii the constable accompanies the enforcement officer, or

b where no application for a warrant has been made, only if—

i the constable reasonably believes that there is a real and substantial risk that delay in seeking a warrant would defeat or prejudice the purpose of taking action, and

ii the constable accompanies the enforcement officer.

3 Despite subsection (2), a constable must not authorise an enforcement officer or any person assisting the officer to use force against an individual.

4 The sheriff may grant a warrant under this section on the application of an enforcement officer only if satisfied that the use of reasonable force is necessary for the purpose of taking action under section 18 or 22.

5 A warrant granted under this section expires—

a when it is no longer required for the purpose for which it is granted, or

b if earlier, on the expiry of such period as may be specified in it.

^I2525 Further restrictions on entering houses¶

1 An enforcement officer may take action under section 18 or 22 in relation to a house or a place that can be entered only through a house only if—

a an individual who habitually resides in the house permits the officer to do so, or

b the sheriff grants a warrant for such an action.

2 Where subsection (1)(a) applies, an enforcement officer may enter a house only—

a at reasonable times, and

b if accompanied by a constable.

3 The sheriff may grant a warrant under this section on the application of an enforcement officer only if satisfied—

a that the officer has reasonable grounds for taking action under section 18 or 22 in relation to the house or the place that can be entered only through the house, and

b that any of the conditions in subsection (4) is met.

4 Those conditions are—

a that the officer has been refused entry to the house or place or has been prevented from taking any other action under section 18 or 22 in relation to the house or place,

b that such a refusal or prevention is reasonably expected (after the officer has taken reasonable steps to notify the residents of the house of the intended action),

c that—

i the house is unoccupied (permanently or temporarily), and

ii the officer has taken reasonable steps to notify any residents of the house of the intended action,

d that the case is one of urgency, or

e that notifying the residents of the house of the officer's intention to take action would defeat the object of the proposed action.

5 A warrant granted under this section expires—

a when it is no longer required for the purpose for which it was granted, or

b if earlier, on the expiry of such period as may be specified in it.

^I2626 Power to obtain information¶

1 An enforcement officer may require any person to provide such information as the officer considers appropriate in connection with—

a a Championship offence, or

b conduct which the officer reasonably suspects constitutes a Championship offence.

2 A person is not obliged to provide information under this section if the person would be entitled to refuse to provide the information in, or for the purposes of, court proceedings.

3 This section is subject to the requirement imposed on an enforcement officer by section 27.

^I2727 Requirement to produce evidence of identity and authority¶

An enforcement officer must, while doing anything under section 18, 22 or 26, produce evidence of the officer’s identity and authority to take action if requested to do so.

^I2828 Test purchases¶

1 An enforcement officer may, for the purpose of discovering whether any provision made by virtue of this Act is being complied with—

a purchase, or authorise another person to purchase, any goods, or

b secure, or authorise another person to secure, the provision of any services.

2 Nothing done in pursuance of this section constitutes a Championship offence.

^I2929 Compensation and recovery of costs¶

1 A person whose property is damaged by anything done under section 18 or 22 may obtain compensation from Glasgow City Council if the damage is caused by—

a an enforcement officer,

b a person who is assisting an enforcement officer under section 23, or

c a constable who is accompanying an enforcement officer.

2 Subsection (1) does not apply if the thing done relates to a Championship offence committed by the person.

3 Schedule 4 makes further provision about compensation.

4 The Scottish Ministers may by regulations—

a modify schedule 4,

b make such further provision as they consider appropriate in relation to compensation for enforcement action.

5 The costs of doing anything which an enforcement officer is authorised or entitled to do by virtue of this Act are recoverable by Glasgow City Council from the person who committed the Championship offence to which the action relates.

^I3030 Obstructing an enforcement officer¶

It is an offence (“the obstruction offence”)—

a to intentionally prevent or obstruct an enforcement officer from doing anything which the officer is authorised or entitled to do by virtue of this Act, or

b without reasonable cause to fail to comply with a requirement made by an enforcement officer, or a constable, under section 26.

^I3131 Police powers¶

1 A constable may do anything an enforcement officer may do under sections 18 to 28.

2 But the restrictions imposed on an enforcement officer by section 19, 20, 21, 24, 25 and 27 apply to a constable only to the extent that they do not conflict with a constable’s powers under any other enactment or rule of law.

3 Where the restrictions imposed by section 24 and 25 apply, the constable does not have to be accompanied by another constable.

^I3232 Action under sections 18 to 28: procedure¶

The Scottish Ministers may by regulations specify further procedure which an enforcement officer or, as the case may be, a constable must follow when doing anything under sections 18 to 28.

Enforcement of offences¶

^I3333 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,

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.

^I3434 Individual culpability where offending by an organisation¶

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.

2 The responsible individual (as well as the relevant organisation) commits the offence.

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—
1. an individual falling within the corresponding entry in the second column of the table in subsection (4), or
2. an individual purporting to act in the capacity of an individual falling within the corresponding entry.

4 The table is as follows—

Relevant organisation	Individual
company as mentioned in section 1 of the Companies Act 2006	director, manager, secretary or other similar officer
company as mentioned in section 1 of the Companies Act 2006	member, where the company’s affairs are managed by its members
limited liability partnership	member
other partnership	partner
any other body or association	individual who is concerned in the management or control of its affairs

Review of Act¶

^I3535 Review of Act¶

1 The Scottish Ministers must, as soon as reasonably practicable after the end of the Championship period—

a undertake a review of the operation and effectiveness of the Act, and

b prepare a report on that review.

2 When undertaking a review under subsection (1)(a), the Scottish Ministers must consult—

a the chief constable of the Police Service of Scotland,

b Glasgow City Council, and

c any other person the Scottish Ministers consider appropriate.

3 The Scottish Ministers must lay the report under subsection (1)(b) before the Scottish Parliament and publish the report—

a as soon as reasonably practicable after the report is prepared, and

b in any event, no later than 31 December 2030.

Final provisions¶

^I3636 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.

2 Regulations under this section may modify any enactment (including this Act).

^I3737 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,

b different provision for different areas.

2 Regulations under section 36—

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.

3 Regulations under sections 5(2), 6(3) and 12(3) are subject to the affirmative procedure.

4 Regulations under sections 1(1), 29(4) and 32 are subject to the negative procedure.

^I3838 Interpretation¶

In this Act—

“advertise” and “advertising” are to be construed in accordance with section 13,
“advertisement” means any word, letter, image, mark, sound, light, model, sign, placard, board, notice, screen, awning, blind, flag, device, costume or representation—
1. whether illuminated or not, and
2. in the nature of, and employed wholly or partly for the purposes of, advertisement, promotion, announcement or direction,
“advertising licence” has the meaning given by section 15(2),
“the 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 within an event zone at a prohibited time—
1. a good or service, or
2. a person who provides a good or service,
“article” includes a living thing,
“building” does not include—
1. a caravan, marquee, stall, tent or other temporary or moveable structure,
2. a building (or part of a building) which is designed or used generally as a car park,
3. a telephone kiosk,
“Championship” has the meaning given by section 1(1),
“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),
“constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,
“enforcement officer” has the meaning given by section 17(1),
“event zone” has the meaning given by section 1(1),
“existing street trader” has the meaning given by section 7(4),
“house”—
1. means any building (or part of a building), flat, mobile home, houseboat, caravan or other place which is occupied only as a separate dwelling,
2. 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 a good or service, or a person who provides a good or service, in an event zone at a prohibited time,
“the obstruction offence” has the meaning given by section 30,
“open public place” means—
1. a road, or
2. another place—
  1. to which the public have access (whether generally or only for the purpose of the trading), and
  2. which is not in a building (except one designed or generally used for the parking of cars),
“performance of a play” means performance of any dramatic piece, whether improvisational or not—
1. given wholly or in part by one or more persons actually present and performing, and
2. in which the whole or a major proportion of what is done by the person performing, whether by way of speech, singing or action, involves the playing of a role,
“public entertainment” means—
1. a performance of live music for members of the public,
2. any playing of recorded music for members of the public,
3. a performance of dance for members of the public,
4. a performance of a play for members of the public,
5. 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,
“trading licence” means—
1. a street trader’s licence granted by Glasgow City Council under section 39 of the Civic Government (Scotland) Act 1982,
2. a market operator’s licence granted by Glasgow City Council under section 40 of that Act, or
3. a certificate granted under the Pedlars Act 1871,
“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 Associations Européennes de Football,
“UEFA Partner” means a person or body who is party to a sponsorship or licence agreement with UEFA in relation to a good or service in respect of the Championship.

^I3939 Commencement¶

1 This section and sections 36 to 38, 40 and 41 come into force on the day after Royal Assent.

2 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

^I4040 Repeal¶

1 This Act ceases to have effect on 31 December 2028.

2 If the duties under section 35 are not carried out by 31 December 2028, the duties continue to apply (despite the repeal of that section under subsection (1)) until the earlier of—

a the end of the day on which the report is published, or

b 31 December 2030.

^I4141 Short title¶

The short title of this Act is the UEFA European Championship (Scotland) Act 2026.

Schedule 1 ¶

Touting offence: exceptions for providers of information society services etc.

(introduced by section 5)

^I421 Preconditions for taking proceedings against service providers established in EEA state¶

1 Where a service provider is established in an EEA state, proceedings for the touting offence cannot be taken against that provider in respect of anything done by the provider in providing an information society service (including in the United Kingdom), unless the derogation condition is satisfied.

2 The derogation condition is that the proceedings—

a are necessary to pursue any of the public interest objectives,

b are taken against an information society service which prejudices that objective or presents a serious and grave risk of prejudice to it, and

c are proportionate to that objective.

3 The public interest objectives are—

a public policy, in particular the prevention, investigation, detection and prosecution of the touting offence, and

b the protection of consumers, including investors.

4 For the purposes of this paragraph—

a a service provider is “established” in a country or territory if the provider—

i effectively pursues an economic activity using a fixed establishment in that country or territory for an indefinite period, and

ii is a national of an EEA state or a body mentioned in Article 54 of the Treaty on the Functioning of the European Union,

b the presence or use in a particular place of equipment or other technical means of providing an information society service is not itself sufficient to constitute the establishment of an information society service provider, and

c where it cannot be decided from which of a number of establishments an information society service is provided, the service is to be regarded as provided from the establishment at the centre of the service provider’s activities relating to that service.

^I432 Exception for mere conduit¶

1 A service provider does not commit the touting offence by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not—

a initiate the transmission,

b select the recipient of the transmission, or

c select or modify the information contained in the transmission.

2 For the purposes of sub-paragraph (1)—

a providing access to a communication network, and

b transmitting information in a communication network,

include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

3 Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

^I443 Exception for caching¶

1 A service provider does not commit the touting offence by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met.

2 The first condition is that the storage of the information—

a is automatic, intermediate and temporary, and

b is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request.

3 The second condition is that the service provider—

a does not modify the information,

b complies with any conditions attached to having access to the information, and

c if sub-paragraph (4) applies, promptly removes the information or disables access to it.

4 This sub-paragraph applies if the service provider obtains actual knowledge that—

a the information at the initial source of the transmission has been removed from the network,

b access to it has been disabled, or

c a court or administrative authority has required the removal from the network of, or the disablement of access to, such information.

^I454 Exception for hosting¶

1 A service provider does not commit the touting offence by storing information provided by a recipient of the service if—

a the service provider had no actual knowledge when the information was provided that its provision constituted the touting offence, or

b on obtaining actual knowledge that the provision of the information constituted such an offence, the service provider promptly removed the information or disabled access to it.

2 Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

^I465 Interpretation¶

In this schedule—

“EEA state” means—
1. a member state of the European Union, or
2. any other state that is a party to the agreement on the European Economic Area signed at Oporto on 2 May 1992, together with the protocol adjusting that agreement signed at Brussels on 17 March 1993, as modified or supplemented from time to time,
“information society service” means any service normally provided—
1. for remuneration,
2. at a distance (namely, the service is provided without the parties being simultaneously present),
3. by electronic means (namely, the service is—
  1. sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and
  2. entirely transmitted, conveyed and received by wire, radio, optical means or other electromagnetic means), and
4. at the individual request of a recipient of services (namely, the service is provided through the transmission of data on individual request),
“recipient”, in relation to a service, means a person who (whether for professional purposes or not) uses an information society service, in particular for seeking information or making it accessible,
“service provider” means a person providing an information society service.

Schedule 2 ¶

Trading offence: exemptions for certain types of trading

(introduced by section 6(2)(b))

Types of trading exempt from trading offence¶

^I471 Activity is exempt from the trading offence if it constitutes—

a selling current newspapers,

b activity undertaken by Glasgow City Council,

c activity undertaken, controlled or restricted by Glasgow Life,

d activity undertaken by a UEFA Partner,

e selling or delivering an article, or supplying a service, to a person who is in premises adjoining a road,

f selling a motor vehicle on private land generally used for the sale of motor vehicles,

g supplying motor vehicle cleaning services on private land generally used for the supply of those services,

h supplying motor vehicle parking services in a building designed or on other land designed or generally used for the parking of motor vehicles,

i supplying motor vehicle breakdown and recovery services,

j providing a public sanitary convenience,

k providing a telephone kiosk,

l providing an automated teller machine in or from a building for cash withdrawals and other banking services,

m trading as a walking tour operator,

n busking,

o supplying public transport services, including tourist services but not including supplying pedicabs,

p activity on land adjacent to exempt retail premises provided that the activity—

i forms part of the usual business of the owner of the premises or a person assessed for rating in respect of the premises, and

ii takes place during the period for which the premises are open to the public for business,

q activity carried out by a person who has been granted permission in respect of the activity by Glasgow City Council under section 119 of the Civic Government (Scotland) Act 1982 (charitable collections).

^I482 Paragraph 1(a) does not apply to—

a selling newspapers in a street if the selling is done in a manner that causes undue interference or inconvenience to persons using the street, or

b selling a newspaper if the seller is participating in ambush marketing by providing the purchaser with an item or advertising supplement accompanying the newspaper.

Interpretation¶

^I493 In this schedule—

a any reference (however phrased) to selling an article includes—

i a reference to offering or exposing an article for sale, and

ii trading by a person acting as a pedlar (whether or not under the authority of a certificate granted under the Pedlars Act 1871),

b any reference (however phrased) to supplying a service includes a reference to offering to supply a service.

^I504 In this schedule—

“busking” means a performance of live music in a street, during which members of the public are invited to give money to the performers,
“exempt retail premises” means a building normally used as—
1. a shop,
2. a restaurant or bar or otherwise used for the supply of meals, refreshments or alcohol to the public, or
3. a petrol filling station, car showroom or car garage,
“Glasgow Life” means Culture and Sport Glasgow, a company limited by guarantee, registered in Scotland (number SC313851) and having its registered office at 38 Albion Street, Glasgow G1 1LH,
“motor vehicle” has the same meaning as in section 185 of the Road Traffic Act 1988,
“sanitary convenience” means a toilet or urinal,
“supplying pedicabs” means supplying transport services using pedal operated tricycles,
“tourist services” means public transport services primarily for the benefit of tourists,
“walking tour operator” means a person who supplies services to the public comprising tours of an area on foot.

Schedule 3 ¶

Advertising offence: exemptions for certain types of activity

(introduced by section 12(2))

^I511 Exemption for demonstrations, etc.¶

1 Advertising is exempt from the advertising offence where it is intended to—

a demonstrate support for or opposition to the views or actions of any person,

b publicise a belief, cause or campaign, or

c mark or commemorate an event.

2 But sub-paragraph (1) does not apply to advertising that promotes or advertises—

a a good or service, or

b a person or body that provides a good or service.

^I522 Exemption for individuals wearing advertising attire, displaying advertisements on their bodies or carrying personal property¶

1 Advertising is exempt from the advertising offence where it is engaged in by an individual who is—

a wearing—

i a costume that is an advertisement, or

ii clothing on which an advertisement is displayed,

b displaying an advertisement on the individual’s body, or

c carrying or holding personal property on which an advertisement is displayed.

2 But sub-paragraph (1) does not apply where the individual knows or had reasonable cause to believe that the individual is participating in ambush marketing.

3 The application of this exemption to an individual does not affect the application of section 12(1) to any other person (whether in respect of the same type of advertising or otherwise).

^I533 Exemptions modelled on the Town and Country Planning Regulations¶

1 Advertising is exempt from the advertising offence where it consists of the display of an advertisement—

a to which the Town and Country Planning Regulations do not apply by virtue of regulation 3(1) of those regulations, or

b if—

i consent for the display of the advertisement is granted by regulation 10(1) of those regulations (deemed consent for display of advertisement), and

ii the display or advertisement complies with the conditions set out in schedules 1 and 4 of those regulations.

2 But the exemption in sub-paragraph (1) does not apply to the display of—

a an advertisement described in regulation 3(1)(c) of those regulations (advertisements incorporated in the fabric of a building) if the advertisement is not in existence at the date this paragraph comes into force,

b an advertisement described in regulation 3(1)(d) of those regulations (advertisements displayed on enclosed land), if the enclosed land (as defined in regulation 2 of those regulations) on which the advertisement is displayed is—

i a railway station (and its yards and forecourt whether enclosed or not),

ii a bus station (together with its forecourt whether enclosed or not), or

iii a sports stadium,

c an advertisement mentioned in regulation 3(1)(e) of those regulations (display on or consisting of a balloon),

d an advertisement mentioned in regulation 13(1) and (3) of those regulations (advertisements on sites used for the display of advertisements on 16 August 1948),

e an advertisement under regulation 19 of those regulations (display of advertisements after expiry of express consent),

f an advertisement within Class I(2) if the advertisement—

i is not displayed wholly for the purpose of announcement or direction in relation to the functions of the planning authority by which it is displayed, and

ii is not reasonably required to be displayed for the safe or efficient performance of those functions,

g an advertisement within Class III(4) (certain advertisements of a temporary nature) if the advertisement promotes or advertises—

i a good or service,

ii a person or body that provides a good or service,

h an advertisement within Class III(6) (certain advertisements of a temporary nature: hoardings),

i an advertisement within Class V (advertisements within buildings) other than an exempt business advertisement, if the building where the advertisement is displayed—

i is or forms part of a railway station or bus station, or

ii is a sports stadium.

^I544 Exemption for hand-held devices¶

1 Advertising that consists of the display of an advertisement on a hand-held device is exempt from the advertising offence unless the advertiser intends the advertisement to be displayed, by means of the device, to the public at large (rather than only to the individual using the device).

2 In sub-paragraph (1), “hand-held device” means a hand-held mobile telephone or other personal interactive communication device.

^I555 Other exemptions¶

1 Advertising is exempt from the advertising offence if it constitutes—

a displaying an advertisement employed wholly as—

i a memorial, or

ii a railway signal,

b distributing or providing current newspapers,

c activity undertaken by Glasgow City Council,

d activity undertaken, controlled or restricted by Glasgow Life,

e activity undertaken by a UEFA Partner,

f an advertisement in existence before the coming into force of this paragraph that remains in existence, and is displayed by or on behalf of an advertiser in relation to a good or service other than a good or service falling within one or more of the product categories mentioned in sub-paragraph (3),

g any advertisement in respect of which a contract has been made before the coming into force of this paragraph under the terms of which contract that advertisement may not be cancelled or altered without a financial penalty being payable,

h displaying an advertisement on an aircraft for the purposes of—

i complying with the law of Scotland or any other country, being law in force in relation to the aircraft,

ii securing the safety of the aircraft or any person or property,

iii the furtherance, by or on behalf of the Scottish Ministers or a department of the Government of the United Kingdom, by a person acting under any public duty or by a person providing ambulance or rescue services by air, of measures in connection with circumstances existing or imminent at the time the aircraft is used which may cause danger to persons or property, or

iv civil defence, military or police purposes,

i displaying a mark or inscription (other than an illuminated sign) on the body of an aeroplane or helicopter, or

j displaying an advertisement on street furniture provided that the advertisement—

i is not illuminated,

ii bears only the name, contact details and device (or any one or more of those things) of the manufacturer, owner or operator of the street furniture, and

iii is not displayed for the purposes of ambush marketing.

2 Sub-paragraph (1)(b) does not apply to—

a distribution or provision of newspapers in a street if the distribution or provision is done in a manner that causes undue interference or inconvenience to persons using the street, or

b distribution of a newspaper if the person distributing the newspaper is participating in ambush marketing by providing the purchaser with an item or advertising supplement accompanying the newspaper.

3 The product categories referred to in sub-paragraph (1)(f) are—

a athletic footwear, sports apparel, sports hardware, footballs, sports accessories,

b all alcoholic beverages (spirits, beers, ciders, ales etc.),

c all non-alcoholic beverages (water, soft drinks, sport drinks, juices, tea, coffee etc.),

d tyres,

e payment systems and payment technology,

f consumer electronics (TV, mobile phones, tablets etc.) and white goods (fridges, freezers etc.),

g automotive vehicles (including associated parts, services and accessories),

h mobility systems and services (including vehicle leasing, hiring and rental together with car sharing/pooling and ride hailing/taxi services),

i food ordering and delivery services,

j telecommunications and internet provider services,

k fuel, oil and lubricants,

l airline services,

m banking services,

n draw based games, instant play games, betting and gaming,

o accommodation and attraction booking and reservation services,

p postal, parcel, cargo, freight, logistics and delivery services,

q insurance services,

r financial services (including cryptocurrency trading platforms),

s food products and food retail (including supermarkets, restaurants and catering),

t consumer health and personal care products (including beauty products, grooming products and nutritional supplements),

u industrial workwear and supplies,

v online e-commerce marketplaces.

^I566 Interpretation¶

1 In this schedule—

“displaying an advertisement” includes—
1. projecting, emitting, screening or exhibiting an advertisement,
2. carrying or holding an advertisement or an apparatus by which an advertisement is displayed,
3. providing for an advertisement to be displayed—
  1. on an animal, or
  2. on apparatus which is carried or held by an animal,
“exempt business advertisement” means an advertisement (whether illuminated or not) displayed on business premises within a building (or a forecourt associated with such premises) that refers wholly to—
1. the business carried on,
2. the goods or services provided, or
3. the name or qualifications of the person carrying out the business or supplying the goods or services on those premises,
“forecourt” includes any fence, wall or similar screen or structure enclosing a forecourt and not forming part of the fabric of a building constituting business premises,
“Glasgow Life” means Culture and Sport Glasgow, a company limited by guarantee, registered in Scotland (number SC313851) and having its registered office at 38 Albion Street, Glasgow G1 1LH,
“railway station” includes a subway station,
“the Town and Country Planning Regulations” means the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 (S.I. 1984/467).

2 In this schedule, a reference to a “Class” of advertisement is a reference to the corresponding Class of advertisement in schedule 4 of the Town and Country Planning Regulations.

Schedule 4 ¶

Compensation for enforcement action

(introduced by section 29(3))

^I571 Amount of compensation due¶

Where a person may obtain compensation under section 29(1), the amount of compensation to which that person is entitled under that section is the total of—

a either—

i the cost of repairing the damaged property to its previous condition, or

ii in the case of property which is impossible to repair or if the cost of repairing would exceed the property’s market value, the cost of replacing the property at market value, and

b any further loss which was a direct result of the damage to property.

^I582 Notice of claim¶

1 A person seeking to obtain compensation under section 29(1) (a “claimant”) must send a written notice (a “notice of claim”) to Glasgow City Council claiming that compensation.

2 A notice of claim must be sent—

a in a case where there has been a delay of at least 14 days in the damage coming to the attention of the claimant, within 3 months beginning with the day after the day on which the Championship period ends, or

b in any other case, within 30 days beginning with the date on which the damage occurred.

3 Glasgow City Council may accept a notice sent after the applicable deadline specified in sub-paragraph (2) and may agree with the claimant in advance of a notice being sent that it will be accepted.

4 A notice of claim must include or be accompanied by—

a the claimant’s full name,

b the date on which the damage occurred,

c the address or location at which the damage occurred,

d the amount of compensation claimed (in accordance with paragraph 1) and the basis of the calculation of the amount claimed,

e a description of—

i the property damaged,

ii the nature of the damage, and

iii the nature of any further loss which was a direct result of the damage to property, and

f photographs, receipts, quotations or other evidence as to the matters referred to in paragraphs (a) to (e).

^I593 Initial consideration of claim¶

1 Within 14 days beginning with the date on which Glasgow City Council receives notice of a claim, it must determine whether it has received sufficient information and evidence to enable it to decide—

a whether the claimant is entitled to compensation under section 29(1), and

b if the claimant is entitled to compensation, the amount of compensation due.

2 If Glasgow City Council determines that it has not received sufficient information or evidence, it must send the claimant a written notice stating the further information or evidence that Glasgow City Council requires.

3 The claimant must send Glasgow City Council the information or evidence stated in the notice within—

a 14 days beginning with the date on which the claimant received the notice, or

b such longer period as agreed by Glasgow City Council in writing.

4 Within seven days beginning with the date on which Glasgow City Council receives any such additional information or evidence, it must make the determination referred to in sub-paragraph (1) again (and the other sub-paragraphs of this paragraph apply to that determination).

^I604 Decision on a claim¶

1 If Glasgow City Council determines under paragraph 3 that it has received sufficient information and evidence it must, within 28 days of the date of that determination, decide the matters referred to in paragraph 3(1)(a) and (b).

2 If Glasgow City Council decides that the claimant is entitled to compensation, it must—

a pay to the claimant the amount of compensation stated in the notice of claim, or

b if it decides that the claimant is entitled to a lesser amount of compensation than that stated in the notice of claim, send a notice to the claimant—

i offering that lesser amount to the claimant, and

ii stating the reasons for its decision.

3 If Glasgow City Council decides that the claimant is not entitled to compensation, it must send a notice to the claimant—

a declining the claim, and

b stating the reasons for its decision.

4 A claimant who receives a decision notice offering a lesser amount of compensation than stated in the notice of claim may agree, in writing, to accept that lesser amount (in which case Glasgow City Council must pay that amount to the claimant).

5 A decision notice must contain information about the claimant’s rights to—

a request a review of the decision under paragraph 5, and

b appeal a decision on a review under paragraph 6.

^I615 Review of decision on a claim¶

1 A claimant who receives a decision notice may request Glasgow City Council to review its decision.

2 Such a request must—

a be in writing,

b be made within 14 days beginning with the date on which the decision notice was received or such longer period as agreed by Glasgow City Council in writing, and

c include or be accompanied by such information or evidence as the claimant considers relevant.

3 Within 14 days beginning with the date on which Glasgow City Council receives such a request, it must review its decision under paragraph 4.

4 On reviewing its decision, Glasgow City Council may—

a confirm the original decision, or

b substitute a new decision for the original decision.

5 On reviewing its decision, Glasgow City Council may not substitute a lesser amount of compensation than that stated in the decision notice.

6 Glasgow City Council must send to the claimant a written notice informing that person of its decision on the review and the reasons for that decision.

7 A notice under sub-paragraph (6) must contain information about the claimant’s right to appeal a decision on review under paragraph 6.

^I626 Appeal to the sheriff¶

1 A claimant dissatisfied with the decision of Glasgow City Council on a review under paragraph 5 may appeal to the sheriff.

2 An appeal must be brought within 21 days beginning with the day on which the claimant received written notice of Glasgow City Council’s decision on review.

3 The sheriff may give permission for an appeal to be brought after the end of that period, but only if the sheriff is satisfied—

a if permission is sought before the end of that period, that there is a good reason for the claimant being unable to bring the appeal in time, or

b if permission is sought after that time, that there was a good reason for the claimant’s failure to bring the appeal in time and for any delay in applying for permission.

4 On an appeal under this paragraph, the sheriff may make such order confirming, quashing or varying the decision as the sheriff thinks fit.

Footnotes

I1
S. 1 not in force at Royal Assent, see s. 39(2)
I2
S. 2 not in force at Royal Assent, see s. 39(2)
I3
S. 3 not in force at Royal Assent, see s. 39(2)
I4
S. 4 not in force at Royal Assent, see s. 39(2)
I5
S. 5 not in force at Royal Assent, see s. 39(2)
I6
S. 6 not in force at Royal Assent, see s. 39(2)
I7
S. 7 not in force at Royal Assent, see s. 39(2)
I8
S. 8 not in force at Royal Assent, see s. 39(2)
I9
S. 9 not in force at Royal Assent, see s. 39(2)
I10
S. 10 not in force at Royal Assent, see s. 39(2)
I11
S. 11 not in force at Royal Assent, see s. 39(2)
I12
S. 12 not in force at Royal Assent, see s. 39(2)
I13
S. 13 not in force at Royal Assent, see s. 39(2)
I14
S. 14 not in force at Royal Assent, see s. 39(2)
I15
S. 15 not in force at Royal Assent, see s. 39(2)
I16
S. 16 not in force at Royal Assent, see s. 39(2)
I17
S. 17 not in force at Royal Assent, see s. 39(2)
I18
S. 18 not in force at Royal Assent, see s. 39(2)
I19
S. 19 not in force at Royal Assent, see s. 39(2)
I20
S. 20 not in force at Royal Assent, see s. 39(2)
I21
S. 21 not in force at Royal Assent, see s. 39(2)
I22
S. 22 not in force at Royal Assent, see s. 39(2)
I23
S. 23 not in force at Royal Assent, see s. 39(2)
I24
S. 24 not in force at Royal Assent, see s. 39(2)
I25
S. 25 not in force at Royal Assent, see s. 39(2)
I26
S. 26 not in force at Royal Assent, see s. 39(2)
I27
S. 27 not in force at Royal Assent, see s. 39(2)
I28
S. 28 not in force at Royal Assent, see s. 39(2)
I29
S. 29 not in force at Royal Assent, see s. 39(2)
I30
S. 30 not in force at Royal Assent, see s. 39(2)
I31
S. 31 not in force at Royal Assent, see s. 39(2)
I32
S. 32 not in force at Royal Assent, see s. 39(2)
I33
S. 33 not in force at Royal Assent, see s. 39(2)
I34
S. 34 not in force at Royal Assent, see s. 39(2)
I35
S. 35 not in force at Royal Assent, see s. 39(2)
I36
S. 36 in force at 28.2.2026, see s. 39(1)
I37
S. 37 in force at 28.2.2026, see s. 39(1)
I38
S. 38 in force at 28.2.2026, see s. 39(1)
I39
S. 39 in force at 28.2.2026, see s. 39(1)
I40
S. 40 in force at 28.2.2026, see s. 39(1)
I41
S. 41 in force at 28.2.2026, see s. 39(1)
I42
Sch. 1 para. 1 not in force at Royal Assent, see s. 39(2)
I43
Sch. 1 para. 2 not in force at Royal Assent, see s. 39(2)
I44
Sch. 1 para. 3 not in force at Royal Assent, see s. 39(2)
I45
Sch. 1 para. 4 not in force at Royal Assent, see s. 39(2)
I46
Sch. 1 para. 5 not in force at Royal Assent, see s. 39(2)
I47
Sch. 2 para. 1 not in force at Royal Assent, see s. 39(2)
I48
Sch. 2 para. 2 not in force at Royal Assent, see s. 39(2)
I49
Sch. 2 para. 3 not in force at Royal Assent, see s. 39(2)
I50
Sch. 2 para. 4 not in force at Royal Assent, see s. 39(2)
I51
Sch. 3 para. 1 not in force at Royal Assent, see s. 39(2)
I52
Sch. 3 para. 2 not in force at Royal Assent, see s. 39(2)
I53
Sch. 3 para. 3 not in force at Royal Assent, see s. 39(2)
I54
Sch. 3 para. 4 not in force at Royal Assent, see s. 39(2)
I55
Sch. 3 para. 5 not in force at Royal Assent, see s. 39(2)
I56
Sch. 3 para. 6 not in force at Royal Assent, see s. 39(2)
I57
Sch. 4 para. 1 not in force at Royal Assent, see s. 39(2)
I58
Sch. 4 para. 2 not in force at Royal Assent, see s. 39(2)
I59
Sch. 4 para. 3 not in force at Royal Assent, see s. 39(2)
I60
Sch. 4 para. 4 not in force at Royal Assent, see s. 39(2)
I61
Sch. 4 para. 5 not in force at Royal Assent, see s. 39(2)
I62
Sch. 4 para. 6 not in force at Royal Assent, see s. 39(2)