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| but this is subject to regulations under subsection (2); |
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| “organiser”, in relation to an event, means a person who— |
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| (a) | is responsible for organising or managing the event, or |
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| (b) | receives some or all of the revenue from the event; |
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| “parent undertaking” has the meaning given by section 1162 of the |
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| “secondary ticketing facility” means an internet-based facility for the |
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| re-sale of tickets for recreational, sporting or cultural events; |
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| “subsidiary undertaking” has the meaning given by section 1162 of |
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| “undertaking” has the meaning given by section 1162 of the |
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| (2) | The Secretary of State may by regulations provide that a person of a |
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| description specified in the regulations is or is not to be treated for the |
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| purposes of this Chapter as an operator in relation to a secondary ticketing |
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| (3) | Regulations under subsection (2)— |
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| (a) | are to be made by statutory instrument; |
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| (b) | may make different provision for different purposes; |
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| (c) | may include incidental, supplementary, consequential, transitional, |
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| transitory or saving provision. |
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| (4) | A statutory instrument containing regulations under subsection (2) is not |
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| to be made unless a draft of the instrument has been laid before, and |
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| approved by a resolution of, each House of Parliament.” |
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12Q | Page 48, line 18, at end insert— |
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| “(1C) | Chapter 3B of this Part comes into force at the end of the period of two |
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| months beginning with the day on which this Act is passed.” |
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12R | Page 72, line 8, at end insert— |
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| “section (Enforcement of this Chapter)(1) or (2) of this Act.” |
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12S | Insert the following new Schedule— |
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| “Secondary ticketing: financial penalties |
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| 1 (1) | Before imposing a financial penalty on a person for a breach of a duty or |
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| prohibition imposed by Chapter 3B of Part 3, an enforcement authority |
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| must serve a notice on the person of its proposal to do so (a “notice of |
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| (2) | The notice of intent must be served before the end of the period of 6 |
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| months beginning with the first day on which the authority has |
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| sufficient evidence of the person’s breach, subject to sub-paragraph (3). |
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| (3) | If the person is in breach of the duty or prohibition on that day, and the |
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| breach continues beyond the end of that day, the notice of intent may be |
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| (a) | at any time when the breach is continuing, or |
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| (b) | within the period of 6 months beginning with the last day on |
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| (4) | The notice of intent must set out— |
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| (a) | the amount of the proposed financial penalty, |
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| (b) | the reasons for proposing to impose the penalty, and |
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| (c) | information about the right to make representations under |
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| Right to make representations |
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| 2 | A person on whom a notice of intent is served may, within the period of |
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| 28 days beginning with the day after that on which the notice was sent, |
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| make written representations to the enforcement authority about the |
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| proposal to impose a financial penalty on the person. |
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| 3 (1) | After the end of the period mentioned in paragraph 2 the enforcement |
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| (a) | decide whether to impose a financial penalty on the person, and |
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| (b) | if it decides to do so, decide the amount of the penalty. |
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| (2) | If the authority decides to impose a financial penalty on the person, it |
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| must serve a notice on the person (a “final notice”) imposing that |
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| (3) | The final notice must require the penalty to be paid within the period of |
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| 28 days beginning with the day after that on which the notice was sent. |
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| (4) | The final notice must set out— |
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| (a) | the amount of the financial penalty, |
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| (b) | the reasons for imposing the penalty, |
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| (c) | information about how to pay the penalty, |
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| (d) | the period for payment of the penalty, |
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| (e) | information about rights of appeal, and |
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| (f) | the consequences of failure to comply with the notice. |
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| Withdrawal or amendment of notice |
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| 4 (1) | The enforcement authority may at any time— |
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| (a) | withdraw a notice of intent or final notice, or |
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| (b) | reduce the amount specified in a notice of intent or final notice. |
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| (2) | The power in sub-paragraph (1) is to be exercised by giving notice in |
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| writing to the person on whom the notice was served. |
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| 5 (1) | A person on whom a final notice is served may appeal against that |
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| (a) | in England and Wales and Scotland, to the First-tier Tribunal; |
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| (b) | in Northern Ireland, to a county court. |
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| (2) | The grounds for an appeal under this paragraph are that— |
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| (a) | the decision to impose a financial penalty was based on an error |
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| (b) | the decision was wrong in law, |
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| (c) | the amount of the financial penalty is unreasonable, or |
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| (d) | the decision was unreasonable for any other reason. |
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| (3) | If a person appeals under this paragraph, the final notice is suspended |
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| until the appeal is finally determined or withdrawn. |
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| (4) | On an appeal under this paragraph the First-tier Tribunal or the court |
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| may quash, confirm or vary the final notice. |
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| (5) | The final notice may not be varied under sub-paragraph (4) so as to make |
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| it impose a financial penalty of more than £5,000. |
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| Recovery of financial penalty |
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| 6 (1) | This paragraph applies if a person does not pay the whole or any part of |
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| a financial penalty which, in accordance with this Schedule, the person |
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| (2) | In England and Wales the local weights and measures authority which |
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| imposed the financial penalty may recover the penalty or part on the |
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| order of the county court as if it were payable under an order of that |
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| (3) | In Scotland the penalty may be enforced in the same manner as an |
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| extract registered decree arbitral bearing a warrant for execution issued |
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| by the sheriff court of any sheriffdom in Scotland. |
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| (4) | In Northern Ireland the Department of Enterprise, Trade and Investment |
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| may recover the penalty or part on the order of a county court as if it |
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| were payable under an order of that court. |
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| (5) | In proceedings before the court for the recovery of a financial penalty or |
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| part of a financial penalty, a certificate which is— |
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| (a) | signed by the chief finance officer of the local weights and |
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| measures authority which imposed the penalty or (as the case |
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| may be) issued by the Department of Enterprise, Trade and |
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| (b) | states that the amount due has not been received by a date |
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| specified in the certificate, |
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| | is conclusive evidence of that fact. |
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| (6) | A certificate to that effect and purporting to be so signed or issued is to |
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| be treated as being so signed or issued unless the contrary is proved. |
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