The London Olympic Games and Paralympic Games (Advertising and Trading) (Scotland) Regulations 2011

Interpretation of Part 3

12.—(1) In this Part—

(a)any reference (however phrased) to selling an article includes a reference to offering or exposing an article for sale;

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

(c)“motor vehicle” has the same meaning as in section 185 of the Road Traffic Act 1988(1);

(d)“open public place” means—

(i)a road; or

(ii)another place—

(aa)to which the public have access (whether generally or only for the purpose of the trading); and

(bb)which is not in a building except one designed or generally used for the parking of cars;

(e)“performance of a play” means performance of any dramatic piece, whether improvisational or not—

(i)given wholly or in part by one or more persons actually present and performing; and

(ii)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;

(f)“public entertainment” means entertainment of one of the following descriptions provided for members of the public—

(i)a performance of live music;

(ii)any playing of recorded music;

(iii)a performance of dance;

(iv)a performance of a play;

(v)any entertainment of a similar description to that in heads (i) to (iv);

(g)“selling an article” includes trading by a person acting as a pedlar whether or not under the authority of a pedlar’s certificate granted under the Pedlars Act 1871(2); and

(h)“trading activity” means carrying out one or more of the following activities in an open public place—

(i)selling an article;

(ii)supplying a service;

(iii)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);

(iv)providing public entertainment for gain or reward.

(2) In determining whether an activity is trading activity for the purposes of this Part, the following matters are to be disregarded—

(a)that any gain or reward arising from the activity does not accrue to the person actually carrying out the activity;

(b)that either party to a transaction is not in an open public place when one of the following activities occurs—

(i)an offer or exposure of an article for sale;

(ii)an offer to supply a service;

(iii)the completion of a transaction;

(c)that a transaction was not completed in an open public place, if one of the following activities occurs in such a place—

(i)an offer or exposure of an article for sale;

(ii)an offer to supply a service;

(d)that an article actually sold or service actually supplied was different from that originally offered or exposed for sale.