1. On 28 June 2007 the Scottish Government published the "Draft Glasgow Commonwealth Games Bill: Consultation Document". This draft Bill was designed to ensure that commitments given during Glasgow's bid to host the 2014 Commonwealth Games could be delivered. The consultation period closed on 21 September 2007. This document provides a short summary of the written responses received during that period and a Scottish Government response to those suggestions. The majority of those responses can be read in full on the Scottish Government website.
2. On the 9 November 2007, Glasgow was announced as the Host City of the 2014 Commonwealth Games. This followed a bidding process which began on 16 August 2005 when Glasgow formally launched its bid. The Draft Glasgow Commonwealth Games Bill was developed during this period in response to requirements set out in the Commonwealth Games Federation Host City Contract and Games Manuals and the commitments given in Glasgow's Candidate City File. The Draft Bill covered a number of areas including advertising, outdoor vending, ticketing, enforcement, transport, compulsory purchase powers and grant making powers which were summarised in the consultation document.
3. The consultation document was sent to around 300 organisations with an interest in the subject areas addressed in the Draft Bill. The document was also publicised on the Scottish Government website and a press release issued. Views were invited on the proposed Draft Bill and when the consultation period closed on 21 September 2007, 39 submissions had been made. 38 of these submissions can be found on the publication section of the Scottish Government website. One respondent did not wish to have their response published. A list of organisations that responded can be found in Annex A.
4. The submissions are summarised below along with a Scottish Government response under the key headings contained within the revised Bill which was introduced to the Scottish Parliament on 9 November 2007. Where amendments have been made they are referenced by the relevant section number in this Bill which can be accessed, along with its accompanying documents, on the Scottish Parliament website.
STREET TRADING ETC.
5. The consultation responses were broadly supportive of the policy objectives. However, comments were raised around implementation issues which are explored below.
6. The Glasgow Chamber of Commerce felt there was a "need for clearer definition of the legislative impact to private car parks and traders such as catering vehicles".
- Private car parks and catering vehicles will be caught by the ban on outdoor trading in the vicinity of Games events (section 2) unless authorised by the Organising Committee or exempted by the trading regulations.
7. The Glasgow Chamber of Commerce also felt that "the times at which a trading offence can take place should emphasise whether it is during the period of the Commonwealth Games or if legislation is only enforced while an event occurs in a specific locality".
- This will be dealt with by regulation, but it is presently envisaged that some locations would see a ban on street trading for the duration of the games and some locations would see a ban for a shorter period of time.
8. Glasgow City Council said that "in Section 7(2), the definition of "existing trader" appears to be very wide and may cause difficulties in application. The definition as proposed would mean that a continual review and updating process would have to be conducted for the five years prior to the Games in order to identify all existing traders and thereby fulfil the requirements of Section 7(1)."
- The definition has been refined in response to these comments (section 8). This is now a person who the council has granted a street trader's licence, or market operator's licence, authorising the person to trade at a place in the council's area within the period of 12 months before the Games begin and who would, but for this Act, be entitled to trade at that place during the times when the trading offence applies.
9. North Lanarkshire Council ( NLC) noted that "there are a number of commercial businesses currently trading within Strathclyde Country Park on sites leased to them by NLC. One of the businesses on site and close to the Triathlon Course is the Express by Holiday Inn, an international brand. Another, namely M&D's Theme Park, lies immediately adjacent to the Triathlon Course, operates extensively outdoors and is highly visible, with permanent signs in place. In view of their location and proximity to the proposed Triathlon Course, it is likely to prove undesirable and probably impractical to prevent continued trading and some exemption/authorisation will be required. Consideration will also need to be taken of this Council's in-house trading operations which take place as an integral part of the operation of the Country Park." The Local Authority raised similar concerns in relation to advertising.
- The trading regulations and advertising regulations will define the vicinity in which the restrictions will apply. The Organising Committee may issue guidance about trading in the vicinity of Games events and will be empowered to exempt organisations or individuals from committing an advertising or trading offence.
10. A number of respondents felt that the Bill should define "vicinity of a Games event"
- This will be dealt with in the trading regulations to allow flexibility for the term to apply as required by circumstances nearer the Games. It is not yet in possible to confirm the sporting programme, venues or competition schedule for the 2014 Games.
11. Glasgow Chamber of Commerce believed "there is a need to define those activities treated as trading."
- This will be dealt with in the trading regulations to allow flexibility for the term to apply as required by circumstances nearer the Games.
12. The Scottish Daily Newspaper Society thought that "it will be important that the street trading regulations and advertising regulations are drafted so as to ensure that the sale and supply of newspapers, and indeed of news services (e.g. text to mobiles, broadcast, access to websites, etc) in the area can continue. The definition of advertising in the Bill will catch such activities and therefore a specific exemption will be needed in the regulations."
- As the Scottish Daily Newspaper Society notes, this is a matter for the regulations. There is no policy intention at present to impose restrictions on news services or the sale and supply of newspapers.
13. Glasgow Chamber of Commerce said that "under the conditions for authorisation there needs to be a clear definition of what conditions can be imposed on the trader, unlike the description in 2(b) and 3(c)"
- This is a matter that can be addressed in regulations nearer the date of the event to allow more flexibility to address circumstances at the time.
14. Glasgow Chamber of Commerce noted that "as outlined in (4), those applying for authorisation need to currently hold a prescribed form of trading licence, however there needs to be clarity on the process for new traders"
- This section talks only of what trading regulations might include. There is no suggestion that the regulations must contain these provisions, nor that they may not contain different provisions. Rather, this is intended to give a general flavour of what sort of things might be in the regulations. The Bill also suggests that the regulations may specify that authorisation could be treated as if it were a trading licence granted by virtue of another enactment or document.
15. Glasgow Chamber of Commerce also noted that "if those with current trading licences are liable to prosecution during the Commonwealth Games then the licence holder should be notified in advance of the legislation being enforced"
- Section 9(2)(b) says that the regulations may impose a requirement that would have this effect.
16. Glasgow Chamber of Commerce said that "the guidance notes and information should be issued within a specific period prior to the Games".
- It is sensible that guidance and information should be available in a timely fashion and this may be specified in the trading regulations.
17. Northern Constabulary felt that "consideration might be given to defining, in the legislation, the term 'event'"
- The term Games Event is defined in the Bill under section 1 (2).
18. Northern Constabulary felt that that "consideration might be given to …any ticket touted at more than face value becoming automatically invalid"
- This would be a matter for the Organising Committee to decide; it would not require legislation and could be dealt with as a condition on the sale of the ticket.
19. Dumfries and Galloway Constabulary suggested that "consideration be given to the potential to trade/advertise at other significant sporting events such as senior football matches, and whether this needs specific consideration and mention".
- This legislation relates specifically to the Commonwealth Games. Restricting trading and advertising at other significant sporting events would not protect the Commonwealth Games.
20. Aberdeenshire Council said "with regard to the proposal to prohibit unauthorised advertising or outdoor trading within the vicinity of Games venues, the definition of 'Games event' does not appear to include training camps and it might be wise to extend the prohibition to cover activities in their vicinity as well. Similarly with ambush marketing the proposals to deal with the second type of ambush marketing are also confined to activities within the vicinity of Games venues but it might be worth extending the controls to training camps."
- We do not believe that training camps will be targeted in such a way and have not provided them with protection against street trading or advertising.
21. Renfrewshire Council felt that "the importance of cross-referencing new legislation to Trading Standards legislation is paramount to ensure protective measures for existing traders"
22. In terms of ticket touting, Renfrewshire Council felt that "it will be important to build on previous experience in relation to hosting of the Commonwealth Games in GB. The fundamental principle of effective liaison and co-ordination between the policy and enforcement officers has to be acknowledged."
- In policy terms, Scottish Ministers are building on recent experience of hosting major sporting events in the UK and elsewhere. Enforcement officers will need to have a sound understanding of the policy objectives.
23. In terms of enforcement, Renfrewshire Council said that "it is assumed that Trading Standards will influence practice in relation to the designated duties. The resource implications should be emphasised once again, as there is a clear expectation of a high level of input with corresponding expertise/training. Further guidance is desirable to clarify roles and responsibilities, given the level of power invested in the enforcers and the significance of the end of the legislation at the conclusion of the Games."
- Enforcement regulations will clarify this. The resource implications will be a matter to which the Organising Committee will need to give careful attention.
24. The consultation responses were broadly supportive of the policy objectives. However, some comments were made in respect of implementation issues which are addressed below.
25. Edinburgh City Council noted that "as the only Edinburgh Games venue is the Royal Commonwealth Pool I am doubtful as to whether such legislation will have any affect at all, as there are no fringe venues etc within that vicinity. However, the dates and venues should be looked at in comparison with the Edinburgh festivals to check that there will not be a conflict of events."
- The regulations will consider any impact on the Edinburgh Festivals.
26. The Outdoor Advertising Association asked "is it your intention to allow sponsors of the Games to advertise within the vicinity of the Games events? If so, by what means will this be permitted? Will this be by granting 'Exception' status in that advertising was done in accordance with regulations made by Ministers ('the advertising regulations') and therefore deemed 'Authorised advertising' If so when will Ministers regulations be made available? What is the period in which you will prohibit advertising in the vicinity of the games?"
- It is the intention to allow sponsors of the Games to advertise within the vicinity of the Games Events. The Bill allows advertising regulations to prescribe circumstances in which the Organising Committee could authorise persons to advertise in a way which would otherwise constitute an advertising offence. The process will be scoped 2 years before the Games and details will be confirmed 6 months before the Games. The period during which restrictions will apply will be defined in the advertising regulations.
27. The Federation of Small Businesses was supportive of the ambush marketing proposals but felt that "if the economic potential of the Games to Scotland is to be maximised, there must be discussion in the future on the steps which could be taken to ensure that small Scottish businesses are given the opportunity to benefit from the opportunities which the games can provide."
- We will engage with the Federation of Small Businesses as we develop the Games Legacy Plan.
28. Glasgow City Council noted that "Section 9 contains a ban on advertising in the vicinity of Games events. Given the definition of advertising in Section 10, this ban could also include legitimate businesses carrying out their day to day business simply because of their location. It is presumed, therefore, that the Regulations will allow for such businesses to continue conducting their ordinary day to day business provided that these do not very directly conflict with the Games."
29. Glasgow City Council said "in relation to authorised advertising (Section 11), if the Regulations do not allow for the type of advertising referred to above, then there is a danger that the authorisation process set out in Section 11(1) will be overwhelmed. It is assumed that the Regulations will clarify the costs, if any, of such authorisation."
- The Bill allows the Regulations to address this issue.
30. Renfrewshire Council said that "these sections of the draft bill set out the regulations for advertising and the potential for ambush marketing is discussed in the introductory paper. The proposed scope of the legislation, however, must acknowledge the wider context, particularly in relation to Renfrewshire as a neighbouring council to Glasgow. There is potential for ambush marketing within privately owned land including the green field space along the A737 and M8 corridors. Renfrewshire is also currently involved in advertising contracts for 10-15 years and ultimately will have no control over any sub-contracting. Legislation should acknowledge these facts and incorporate accompanying measures. A similar point was made by COSLA.
- It is our view that it would not be proportionate to extend the protection against unauthorised advertising to privately owned land along the A737 and M8 corridors.
31. Glasgow Chamber of Commerce suggested that "a number of the 'more onerous' conditions outlined in the Draft Bill should be clearly classified (i.e. monetary or other)
- Leaving this open will give flexibility for the regulations to address the circumstances nearer the time.
32. COSLA noted that paragraph 11 of the consultation document "refers to the Trade Marks Act 1994 and the Trades Description Act 1968 but both of these Acts will be the subject of change and /or repeal as they are in conflict with the Unfair Commercial Practises Directive ( UCPD). The proposed implementation date for the UCPD is April 2008. In addition any proposed specific legislation for the "Games" will have to comply with this Directive/Act the main aim of which will be to introduce a general duty on all businesses in the UK not to trade unfairly with consumers to harmonise unfair trading laws in all European Union Member States." Other respondents also raised this issue.
- This has been noted. However, the Bill does not refer to these statutes, therefore, no action is needed.
33. Glasgow Chamber of Commerce felt that "there should be advanced notification and considerations to any loss of income incurred"
- Section 16(2)(a) states that the advertising regulations may require a person who grants an advertising licence to inform the licensee of the effect of section 15, that having a license is not a defence against the advertising offence. The intention is that the Organising Committee will buy up existing sites that fall within the protected areas, therefore, there should be no loss of income.
34. The consultation responses were broadly supportive of the policy objectives, however, one respondent made comments on the detail of the provision concerning the use of the internet. The draft Bill was revised subsequently and as stated above, section 19 now allows Scottish Ministers to make regulations to control the secondary sale of Games tickets on the internet.
35. COSLA noted that "Trading Standards currently have powers with regard to "ticket touting" contained in the Price Indications (Resale of Tickets) Regulations 1994 and any proposed legislation will have to take this into account. No mention is made of the sale on the Internet. UK legislation already exists in this area. Therefore, this section appears to replicate this legislation."
- This has been noted. However, those provisions would not achieve our policy objective of preventing the touting of Games tickets and the Bill does not replicate legislation that already exists. The Draft Bill did address the use of the internet to sell tickets under section 18, Use of internet etc.
36. Ebay asked "whether it is right for the SE to prohibit the resale of tickets for more than face value, particularly when consumers are likely to have paid more than face value for the ticket. For example, the primary ticket agent may have charged an Order Processing Delivery Fee plus a Service Charge Booking fee on top of the original face value. Depending on the face value of the ticket, this may account for anywhere between 20% and 50% of the face value. An OFT report in January 05 found that for a selection of events, the highest fee charged as a % of the face value ranged from 16% to 67%. In the absence of a full refund from the event organiser or ticket agent, the Bill as drafted would prevent consumers from recouping in full their initial outlay. We would also question whether restrictions on the resale of tickets represent a restraint on trade under EU law".
- The policy intention is to ensure that tickets are made available to people who actually want to attend events and that they will have paid a fair and reasonable price to do so. It will be for the Organising Committee to decide how to deal with unwanted tickets.
37. Glasgow Chamber of Commerce felt that "it is likely that a number of tickets to Games events will be offered as corporate hospitality which is not clearly defined in the legislation".
- This is not specifically prohibited in the revised Bill. However, there may be some circumstances where this type of activity could constitute an offence. For example, if a condition of receiving the ticket is that the recipient acquires some other goods or services and the person giving away that ticket does so with a view to making a profit, then this could an offence.
38. Ebay asked with regard to section 18: "this Clause, as drafted, would have the effect of firstly making eBay legally liable for content which is posted on its site without its actual knowledge, in so far as it would be sufficient under this Clause to notify eBay or any other Information Society Service Provider of the 'general problem' of people selling tickets on our site without specifying where on the site such infringing content is hosted. The Bill as drafted therefore imposes a de facto monitoring obligation to eBay. More importantly it would also require eBay upon discovering that its site has been used to sell even one ticket, to effectively shut down its entire site as soon as possible, since it would be required to discontinue the facilities which made it possible for the original offence to be committed within the shortest time reasonably needed to stop doing so. Other online marketplaces, online classified sites and arguably paid search - eg Google AdSence or AdWords - would be similarly covered"
- This was not the intention and nor do we consider that this would have been the result of the provision. Nevertheless, it is recognised that Internet trading is a new and fast evolving field and different provision is required in relation to different types of internet service. Therefore, rather than set firm rules now, Internet trading will be dealt with by regulations nearer the date of the Games.
39. The majority of respondents accepted the principle that the Bill should provide for enforcement officers to take primary responsibility for enforcing the offences within the Bill. However, significant concerns were raised around their accountability and the limits of their powers. The amendments to the enforcement sections are summarised below.
40. The Scottish Police Federation had "reservations regarding the attainment and use of significant powers to non police actors." They raised concerns about the requirement, or lack of requirement for warrants; the general nature of the power of destruction; and the reasonable use of force against an individual. Many of the points they raised were also raised by other respondents, including the Scottish Police Authorities.
- The enforcement sections have been revised in the light of comments received during the consultation. The Organising Committee can still designate individuals as enforcement officers. However, section 22(2) now restricts who those individuals can be. The power to destroy an infringing article has now also been restricted under section 24(5) to an article being used in connection with an advertising offence and destruction can only be used as a measure of last resort. Enforcement Officer powers to use reasonable force to gain entry to search a place have also been further restricted to specify that the officer must be accompanied by a constable. The responsibility for deciding when such force can be used without a warrant where there is a real and substantial risk that delay in seeking a warrant would defeat or prejudice the purpose of taking action is, under section 26(1)(b), now the responsibility of the constable accompanying the officer. This section also clarifies that the officer is not authorised to use force against an individual.
- Enforcement Officers are no longer restricted to exercising all of their powers at reasonable times, however, under section 27(2)(a) they may enter a house only at reasonable times. Warrants to enter a house no longer expire after 72 hours and now, under section 27(5), expire when it is no longer required for the purpose for which it was granted or on a date set by the sheriff who grants it. The power to obtain information has now been provided with an exception under section 28 which allows a person to refuse to provide information if the person would be entitled to refuse to provide the information in, or for the purpose of, court proceedings.
41. The Association of Chief Police Officers felt that in respect of the Street Trading offences, members agree that there should be a requirement on the trader to display the necessary authority to trade, and failure to display such authority, whether by way of identification card, certification of authority etc, should be an offence.
- The Bill now states that the trading regulations may require proof of authorisation to be presented on request
42. The Scottish Police Authorities argued that "if it is accepted that any person could be employed and designated as an Enforcement Officer (section 20 (1) & (2)), the Bill provides no indication of pre-employment background checks, or of what would be considered appropriate training."
- This has been addressed - an Enforcement Officer must now be a designated inspector of weights and measures (commonly known as a Trading Standards Officer) or meet other criteria specified in the enforcement regulations.
43. The Scottish Police Authorities noted that "while section 25 of the Bill deals with 'Compensation and recovery of costs' from the Organising Committee, in giving enforcement officers these considerable powers, the identification of systems being in place to respond to public complaints, or allegations of misuse of authority, do not seem to have been considered.".
- This has been noted and will be addressed in the Enforcement Regulations.
44. The Association of Chief Police Officers of Scotland noted that "the Bill refers to enforcement officers and section 27 states that nothing in the act affects the powers of the police in relation to games offences. It may be necessary to clearly state within the legislation that, where the term ' enforcement officer' is used, this also refers to police officers, whether in uniform or not."
- It is not believed that this is necessary as the Bill will not effect the ability of the Police to enforce Games offences.
45. The Association of Chief Police Officers of Scotland notes that "in section 21(1), which refers to the power to enter and search, it is noted that the term 'any place' is not defined and therefore the phrase 'any place that can only be entered through a house' may be open to confusion and misinterpretation"
- The wording has been slightly revised, but we believe that both the wording and intention are clear
46. The Association of Chief Police Officers of Scotland notes that "there is also no reference in section 21 to motor vehicles or trailers. It would be necessary to give the police the power to stop a vehicle suspected of being used in the commission of games offences. The act is also silent in respect of the search of a vehicle or trailer and the power to search a caravan for example, is dependent on it being used as a separate dwelling."
- An enforcement officer is empowered to enter and search any place, including a vehicle. However, a police officer would have to stop a vehicle suspected of being used in the commission of a Games offence. It is believed that the police would have the power to stop such a vehicle without specific provision being included in the Bill.
47. The Association of Chief Police Officers of Scotland noted that "there is no power in the proposed legislation for enforcement officers or police officers to stop and search an individual suspected of committing games offences. This would be necessary to respond effectively to any reports of games offences being committed."
- It is believed that a police officer would have the power to detain an individual suspected of committing a games offence. No separate stop and search power is considered necessary.
48. The Association of Chief Police Officers of Scotland point out that "in Section 21(5), an enforcement officer is required to ensure that, where force has been used to enter any premises, then reasonable steps are taken to re-secure those premises. The enforcement officers would presumably have to wait at the premises until they could be secured, however they have no statutory duty to protect property or to prevent any unlawful entry to those premises. It should not be the responsibility of the police to remain at premises that are insecure as a result of actions between enforcement officers."
- The Bill has been amended. Section 26 now requires an Enforcement Officer to be accompanied by a constable if they have to use force to gain entry to a premises.
49. The Association of Chief Police Officers of Scotland noted "that there is no reference to any power of arrest in respect of games offences, either by enforcement officers or police officers. This requires clarification particularly in respect of Section 26 Obstruction offences."
- No specific power of arrest is required as the Police will already be able to arrest an offender.
50. The Association of Chief Police Officers of Scotland believes that "this legislation will give enforcement officers considerable powers and it is therefore essential that they receive the appropriate levels of training to ensure they carry out their duties safely and effectively. The Police may, in due course, have a key role to play in the delivery of that training."
- This would be a matter for the Organising Committee. However, we would expect them to work closely with the Police Authorities and Local Authorities in developing their brand protection plan which would include training provision for enforcement officers.
51. The Association of Chief Police Officers of Scotland believes that "the matter of the reporting mechanism for games related offences to the Procurator Fiscal is also an area that will have to be carefully examined and a range of protocols agreed."
52. Renfrewshire Council noted that "there is also ref in section 16 of the introduction to local authority employees undertaking the role of enforcers. It is not clear if this is restricted to Glasgow and no detail is given in relation to training and associated costs". Another respondent noted that "on page 4, paragraph 16 of the consultation document that, 'It is intended that the Enforcement Officers … are likely to be Local Authority employees'. While this may see the utilisation of, for example, Trading Standards Officers on secondment it does not exclude the possibility of non-local authority enforcement officers being directly employed for the duration of the games. There is real concern in regard to the enforcement powers being available to the enforcement officers"
- This has now been amended to clarify that Enforcement Officers will be Trading Standards Officers who are designated as an Enforcement Officer by the Organising Committee with the support of their Local Authority. Their training and employment costs will be met by the Organising Committee.
53. Falkirk Council noted that "Section 15(4) states that it 'applies to acts done in or outwith Scotland'" They asked "who will be responsible for the investigation and reporting of offences committed outwith the Glasgow City Council area? If this is to be done by the 'enforcement officers' in terms of section 20(1) is it the intention of these officers to be authorised by each individual local authority. How will these enforcement officers liaise with the Trading Standards Services?"
- The Enforcement provisions have been amended. Any Trading Standards Officer who is designated as an Enforcement Officer by the Organising Committee, with the support of their employing Local Authority, will have a Scotland wide jurisdiction in which they can exercise the functions conferred on them by virtue of this Bill.
54. Edinburgh City Council noted that "Enforcement Officers empowered to enforce the provisions relating to unauthorised advertising or outdoor trading within the vicinity of the games venues and ticketing touting offences will be employed. We note that it is intended that those officers will operate under the aegis of the Organising Committee and are likely to be local authority employees. There is a limited pool of such officers within Glasgow itself and we seek clarification of whether or not volunteers will be sought from other Scottish authorities. If this is the case, there will be an impact for both the individual and their employing Authority". The Society of Chief Officers of Trading Standards in Scotland also advised that "Trading Standards staff are based within departments of varying sizes throughout Scotland and they are authorised to work only within their own local authority area. The Organising Committee may wish to make provision for Enforcement Officers to be granted wider jurisdiction for the period of enforcement required." And that "if Enforcement Officers are to be seconded from routine duties for the period covering the games it would be helpful to have an estimate as far in advance as possible of the potential numbers required."
- This will be considered by the Organising Committee in their brand protection strategy. However, we would expect the Organising Committee to liaise with Local Authorities across Scotland over the next 7 years to ensure that any secondments are planned well in advance of the Games.
55. COSLA noted that "if any offence is committed it will have to be tried in the local authority area in which it is committed and as such the powers of the "Enforcement Officers" will have to be specific to each local authority. This will have to be taken into account when the "Act" is drafted. In addition, the Draft Bill states what is not a touting offence but selling tickets could still be either/or a section 2 trading offence or advertising offence i.e. double jeopardy?"
- The trading or advertising offences can be committed wherever a Games event takes place. Any Enforcement Officer will be empowered to deal with this no matter where in Scotland they are employed as a Trading Standards Officer or where in Scotland the offence takes place. Where an action is potentially an advertising and a trading offence we would expect the two offences to be tried together.
56. COSLA would prefer the term "has reason to believe" rather than "believe" in Section 21 (1) (a) (i) as this lends itself to the officer having to provide proof of belief. This point was also made by other respondents.
- The wording has been changed to require a reasonable belief.
57. COSLA was "unclear as to why the obstruction penalty in sub-section 4 is at level 3 on the scale. Penalties for offences in sub-section 1, 2 and 3 are higher but by being obstructive any offender may be able prevent evidence gathering for prosecution under these sections." This point was also raised by other respondents.
- The penalty available for this offence has been increased from level 3 (currently £1,000) to level 5 (currently £5,000) on the standard scale.
58. Aberdeen City Council noted that "although unauthorised advertising and outdoor trading will only be prohibited in the vicinity of games venues the other offence relating to ticket touting could take place anywhere. Trading Standards professionals are employed by local authorities and are authorised to enforce legislation only within their own local authority boundaries. Therefore consideration will need to be given to ensure there are sufficient enforcement officers throughout the country and not just in local authorities with games venues. Alternatively enforcement officers could be granted powers to enforce the legislation throughout a wider area for the period the Act is in force.
- Enforcement Officers will be able to exercise powers given under this Bill on a Scotland wide basis. It would be for the Organising Committee to decide how many Enforcement Officers to employ and where they would be based.
59. The Society of Chief Officers of Trading Standards in Scotland advised that "it would be helpful to additionally make indication in the Bill that there would be Police support for Enforcement Officers."
- The Bill now makes it clear that there are some situations in which an Enforcement Officer must be accompanied by a constable.
TRIAL AND PUNISHMENT
60. Glasgow City Council felt that "there appears to be a conflict between Sections 28 and 29 as Games offences are triable under summary processes, yet a fine is only payable following conviction on indictment."
61. Glasgow City Council felt that "the level of fines in this section and generally in the Bill (including those for breach of Traffic Regulations Orders) is insufficient and not at a level which would strongly discourage infringement."
- The level of penalty has been increased for advertising offences and street trading offences with someone convicted on indictment now liable to an unlimited fine for both. The maximum penalty available for the obstruction offence has also been increased from level 3 (currently £1,000) to level 5 (currently £5,000). We do, however, feel that the level of fine available for breach of a Traffic Regulation Order, currently a maximum of £1,000, will be a sufficient deterrent.
62. UNISON Scotland believes that "the paper fails to recognise the importance of the role that enforcement officers will have, if Glasgow's bid is successful. UNISON Scotland is disappointed that the consultation fails to provide such basic details on staffing and financial issues."
- The Bill does not offer detail on the staffing levels and financial aspects of employing Enforcement Officers because these will be commercial issues for the Organising Committee to consider during the development of their brand protection strategy. However, the importance of the role to be fulfilled by Enforcement Officers is recognised.
63. The consultation responses received were broadly supportive of the policy objectives, but many respondents raised the importance of consulting all key stakeholders and changing the definition of paragraph 31(2).
- The Bill has been changed to include "other persons", to clarify that the Scottish Government and affected Local Authorities is not an exhaustive list.
64. The Confederation of Passenger Transport stressed the importance of continuing to run a comprehensive service throughout the duration of the games
- This would be a matter for the Games Transport Plan.
65. A number of respondents felt that to achieve a smooth running of the games it was important to have the correct transport infrastructure in place and also to set up an advanced notification system of traffic orders.
- This would be a matter for the Games Transport Plan.
66. The Confederation of Passenger Transport noted "that urgent traffic regulation measures may be required during the Games, section 33 makes no provision for providing passenger transport operators immediate, if not advance, notice of any road restrictions or closures. It is the opinion of CPT that section 33 should place an onus on traffic authorities to liaise with passenger transport operators to address service and congestion problems resulting from any urgent traffic regulation measures. Other respondents made the same point.
- It is expected that the relevant traffic authorities will establish effective communication links with passenger transport operators in advance of the need for urgent traffic regulations measures and during the development of the Transport Plan..
67. Network Rail noted that any proposals that might impact on the railway which involve matters such as alterations to stations, changes to scheduled pattern of services, etc., would have to be considered and implemented in line with current railway legislation and industry wide processes and agreements.
- It is expected that the Organising Committee will consult Network Rail in developing the Transport Plan for the Games.
68. BT Scotland wishes "to ensure that any measures taken do not affect the ability of engineers to maintain access to crucial services such as 999 and care helpline numbers, as well as to service nearby businesses and residential customers that rely on telecommunications. The engineers requiring access would, in the main, be from BT Openreach." Strathclyde Fire and Rescue was also keen that "any regulation, prohibition or closure should be made, considering the requirements of access for Emergency Service Vehicles" and Scottish Power also wished to ensure that it was able to undertake any necessary emergency work.
- The Bill does not prevent emergency access and secure zones will not include residential housing. It is not believed that the Bill needs to make explicit reference to emergency access.
69. Renfrewshire Council felt that "further discussion and clarification in relation to the resource implications for promoting traffic regulation orders should be noted, particularly in the context of section 32(2)"
- The resource implications of promoting traffic regulation orders for those Local Authorities affected will be discussed with the Organising Committee.
70. Glasgow City Council noted that section 34 gives Ministers power to direct a Council to regulate road use for Games purposes. There does not, however, appear to be any way for Ministers to enforce their direction. It is noted that in the London 2012 Bill, powers have been taken to allow ministers to do this themselves or instruct someone else to do it for them (e.g. the OC). Similar powers should be taken in the Glasgow 2014 Bill.
- The Bill has been amended. Section 40 now allows Ministers to take the directed action in place of the Local Authority and recover the cost of such action from the Local Authority.
COMPULSORY ACQUISITION OF LAND
71. A few comments were made in respect of Compulsory Purchase Orders.
72. Renfrewshire Council felt that further clarification would be desirable on the range of sports to be included in the Games and the potential for Renfrewshire facilities to be used for training purposes.
- The Candidate City File sets out the proposed sports programme for the 2014 Games. The Organising Committee will work with CGAs and others with regard to potential locations for training camps.
73. Glasgow Chamber of Commerce felt that under land 'suitable' for and required in order to facilitate the holding of the Glasgow Games 2014, the impact on business located in these areas and also the impact on any development planned/approved should be considered.
- This will be an issue for the Local Authorities involved to consider.
74. Network Rail felt that the powers of compulsory purchase should be clarified to be clear that these could not extend to the operational railway or any other land owned by Network Rail.
- We do not expect Network Rail land to be required to deliver the Games. However, we do not intend to list organisations which would be exempted from this on the face of the Bill.
75. COSLA felt that further clarification would be desirable in relation to the role of the organising committee in determining access routes to funding to ensure that there is no financial burden on some neighbouring local authorities without recompense. Section 35 of the draft bill is of relevance in this context. This is important given that some local authorities may experience a financial burden due to the Games and as such this should be considered in relation to the provisions which will be put in place as a result of the legislation.
- The Financial Memorandum sets out the consequential costs on Local Authorities of the Bill.
Intellectual Property Rights
76. The Commonwealth Games Council for Scotland noted that "the Commonwealth Games Federation Host City contract also requires legislative protection to protect Games Intellectual Property Rights ( IPR) and other Games Indicia from unauthorised use. This will include IPR of the CGCS that will be passed to the OC. We anticipate that this will be addressed in supporting legislation to be taken forward."
- Current law will already protect the Games Intellectual Property rights.
77. The Scottish Daily Newspaper Society believed that "the draft Bill does not deal with the creation and administration of the intellectual property rights in the Games "brand". Again, as with the London Olympics, it is essential that there should be an appropriate exemption/exclusion to ensure that there is no restriction on references to the Games in any form of editorial usage (which must include news reports, comments, profiles, readers letters, etc) and in any media (newspapers, websites, etc)"
- This issue will be considered during the development of such provision.
78. COSLA noted that "Intellectual Property theft has now been "criminalised" by the inclusion of 2 new sections in The Copyright Designs & Patents Act 1988. These are Section 107 and Section 198. Use of the powers in these sections, which places the enforcement duty on the local weights and measures authority by virtue of Sections 107A and 198A, may preclude the need to have specific legislation relating only to the Commonwealth Games.
- We believe that these measures would not provide the 2014 Commonwealth Games with the level of protection against Ambush Marketing that is required by the Commonwealth Games Federation. Therefore, it is still our intention to provide these Games with an event association right through UK legislation.
79. The Institute of Practitioners in Advertising offered detailed comments on the introduction of a major event association right. They suggest that when this was introduced for the London Olympics, it was because the Olympics are unique. They argue that the association right will lead to increased costs for official sponsors and make it harder for small businesses to benefit from the Games. The IPA recognises the need to control ambush marketing but believes that the association right goes beyond this and exceeds any requirement of the Commonwealth Games Federation.
80. They concluded by saying that the IPA "supports swifter and easy legal access to deal with advertisers genuinely involved with illegitimate ambush marketing tactics but is concerned about the necessity for further legislation extending protection to a small elite group of official sponsors. The IPA does not believe the proposed action to introduce an association right is in the best interest of Scottish businesses or the Commonwealth Games Federation."
- It is our intention to provide the 2014 Commonwealth Games with an event association right in order to protect it from Ambush Marketing. As Intellectual Property is a reserved issue under the Scotland Act 1998, this will need to be delivered by the UK Government through Westminster.
Use of the Gaelic language
81. One respondent felt that "there should be a new section in the Bill providing for a bilingual Commonwealth Games corporate image".
- The Scottish Government will be considering whether the successful bid can be used to promote the Gaelic language. However, it is not felt that this requires legislation.