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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | 1829-30, 1833, 1835-36, 1837-39, 1861, 1921-22 and 1959-61 |
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| | Consumer Rights Bill, As Amended |
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| | | Right to supply tickets to events of national significance |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State may by order made by statutory instrument designate an |
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| | | event to be of national significance. |
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| | | (2) | Where an event has been so designated under subsection (1) the Secretary of State |
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| | | may grant permission for the organising body to impose additional terms and |
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| | | conditions on the sale of tickets for the event, including— |
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| | | (a) | the power to specify persons to act as official traders authorised to sell |
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| | | (b) | the power to withdraw tickets advertised by a person who is not |
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| | | authorised as an official trader; and |
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| | | (c) | the power to recall unsold tickets from official traders. |
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| | | (3) | Where an event has been so designated under subsection (1) it shall be an offence |
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| | | for any person other than an official trader to sell tickets for the event— |
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| | | (a) | in a public place or in the course of a business; and |
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| | | (b) | otherwise than in accordance with written authorisation from the |
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| | | (4) | For the purposes of this section— |
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| | | “ticket” means anything which is or purports to be a ticket for the designated |
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| | | “selling” includes a reference to— |
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| | | (a) | offering to sell a ticket; |
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| | | (b) | exposing a ticket for sale; |
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| | | (c) | advertising that a ticket is available for purchase; and |
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| | | (d) | giving, or offering to give, a ticket to a person who pays or agrees |
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| | | to pay for some other goods or services. |
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| | | “organising body” means a person specified by the Secretary of State as |
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| | | responsible for organising of the event. |
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| | | (5) | A person shall (without prejudice to the generality of subsection (3)(a)) be treated |
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| | | as acting in the course of a business if he does anything as a result of which he |
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| | | makes a profit or aims to make a profit. |
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| | | (6) | A person does not commit an offence under subsection (3) by advertising that a |
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| | | ticket is available for purchase if— |
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| | | (a) | the sale of the ticket if purchased would be in the course of a business |
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| | | only by reason of subsection (5); and |
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| | | (b) | the person does not know, and could not reasonably be expected to |
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| | | discover, that subsection (5) would apply to the sale. |
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| | | (7) | A person does not commit an offence under subsection (3) (whether actual or |
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| | | inchoate) only by virtue of making facilities available in connection with |
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| | | electronic communication or the storage of electronic data. |
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| | | (8) | Where a person who provides services for electronic communication or for the |
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| | | storage of electronic data discovers that they are being used in connection with |
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| | | the commission of an offence under subsection (3), the defence in subsection (7) |
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| | | does not apply in respect of continued provision of the services after the shortest |
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| | | time reasonably required to withdraw them. |
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| | | (9) | A person guilty of an offence under subsection (3) shall be liable on summary |
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| | | conviction to a fine not exceeding level 5 on the standard scale. |
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| | | (10) | Section 32(2)(b) of the Police and Criminal Evidence Act 1984 (c. 60) (power to |
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| | | search premises) shall, in its application to the offence under subsection (3) |
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| | | above, permit the searching of a vehicle which a constable reasonably thinks was |
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| | | used in connection with the offence. |
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| | | (11) | Subsection (13) applies where a person in Scotland is arrested in connection with |
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| | | the commission of an offence under subsection (3). |
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| | | (12) | For the purposes of recovering evidence relating to the offence, a constable in |
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| | | Scotland may without warrant enter and search— |
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| | | (a) | premises in which the person was when arrested or immediately before |
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| | | (b) | a vehicle which the constable reasonably believes is being used or was |
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| | | used in connection with the offence. |
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| | | (13) | Subsection (12) is without prejudice to any power of entry or search which is |
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| | | otherwise exercisable by a constable in Scotland. |
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| | | (14) | A statutory instrument containing an order under subsection (1) is not to be made |
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| | | unless a draft of the instrument has been laid before, and approved by a resolution |
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| | | of, each House of Parliament.’. |
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