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regulate the selling of tickets for certain sporting and cultural events; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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(1) | A venue operator or event organiser may apply to the Secretary of State to have |
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their venue or event designated under subsection (2). |
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(2) | Following an application— |
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(a) | by a venue operator the Secretary of State must designate the venue |
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covered by the application with the result that all sporting and cultural |
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events held at that venue are designated events; |
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(b) | by an event organiser the Secretary of State must designate the specific |
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sporting or cultural event with the result that the event is a designated |
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except that the Secretary of State may refuse to designate a venue or event, or |
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may rescind a designation, in exceptional circumstances where the Secretary of |
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State has reason to believe that designation is not in the public interest. |
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(3) | The Secretary of State must set out in regulations the designation scheme, |
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(a) | the form an application for designation is to take, |
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(b) | time limits on applications and the Secretary of State’s response; |
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(c) | a requirement to publish any designation; |
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(d) | any administrative fees to be charged to applicants which the Secretary |
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of State considers proportionate to the costs of the running of the |
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(e) | an appeal mechanism to challenge a decision on designation by the |
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(4) | The Secretary of State may delegate any functions, powers or duties under this |
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(5) | A statutory instrument containing regulations under this section is subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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(1) | It is an offence for an unauthorised person to be concerned in the sale of a ticket |
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for a designated event at a price greater than 10% above the face value of the |
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(2) | An unauthorised person is a person without written permission from the event |
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organiser or venue operator to resell tickets at a price greater than 10% above |
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the face value of the ticket. |
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(3) | Where the face value of a ticket is nil, the maximum permitted cost of an |
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unauthorised sale or disposal is no more than reasonable postage costs. |
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(4) | In respect of the sale or advertisement for sale of tickets for designated and |
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(a) | no person is permitted to be concerned in the sale of a ticket where the |
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primary retailer has not yet released for sale tickets to an event, and |
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(b) | no person is permitted to be concerned in the sale of a ticket which they |
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have not purchased from the primary retailer. |
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(5) | A person guilty of an offence under subsection (1), (3) or (4) is liable, on |
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summary conviction, to a fine not exceeding Level 5 on the standard scale. |
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(6) | Where a person is found guilty of an offence under this section the prosecutor |
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must consider whether it is appropriate to ask the magistrates’ court to commit |
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the defendant to the Crown Court under section 70 of the Proceeds of Crime |
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Act 2002, with a view to a confiscation order being considered under section 6 |
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(7) | Where a person is found guilty of an offence under this section and as part of |
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the conduct constituting that offence that person purported to sell tickets for a |
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charitable event, any monies recovered in relation to that offence should be |
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paid to the relevant charity or charities. |
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3 | Exemption for charities |
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(1) | Charities registered in accordance with the Charities Act 1993 (“registered |
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charities”) do not require authorisation to sell tickets to designated events at a |
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price greater than 10% above the face value of the ticket. |
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(2) | All functions and powers of the Charity Commission under the Charities Act |
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1993 apply for the purpose of investigating and sanctioning alleged or |
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suspected misconduct or mismanagement regarding ticket sales covered by |
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4 | Sale and disposal of tickets on the internet |
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(1) | A person does not commit an offence under section 2 only by virtue of making |
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facilities available in connection with electronic communication or the storage |
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(2) | Where a person who provides services for electronic communication or for the |
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storage of electronic data is notified that they are being used in connection with |
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the commission of an offence under section 2, that person commits an offence |
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under section 2 in respect of the continued provision of the services after a |
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(3) | Where a law enforcement agency or event organiser has notified a person who |
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provides services for electronic communication or for the storage of electronic |
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data that a ticket sale advertised or conducted via that person’s services is in |
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breach of this Act, that person must comply with any requests by the law |
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enforcement agency for information regarding the identity of the vendor and |
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any other information relevant to the investigation of the offence. |
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(4) | Failure to comply with a request under subsection (3) is a summary offence, |
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punishable by a fine not exceeding level 5 on the standard scale. |
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5 | Voluntary code for refunding tickets |
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(1) | The Secretary of State must consult venue operators, event organisers and |
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ticketing agents with the aim of establishing— |
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(a) | a voluntary code regarding ticket refunds to consumers; or |
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(b) | an official ticket exchange facility for consumers. |
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(2) | The Secretary of State must lay a report before Parliament on the outcome of |
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the consultations within 12 months of this Act coming into force. |
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“concerned in the sale of a ticket” and any reference to selling a ticket |
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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) | making a ticket available for sale by another person, |
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(d) | advertising that a ticket is available for purchase, |
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(e) | giving a ticket to a person who pays or agrees to pay for some |
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other goods or services or offering to do so; |
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“event organiser” means the person or persons responsible for organising |
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and holding an event and receiving the revenue from the event; |
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“face value” means the original price of a ticket, including the full cost of |
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the ticket plus any administration or other fees incurred in its purchase |
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from the primary retailer; |
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“primary retailer” means a retailer responsible for selling tickets on behalf |
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of, and at a price or prices agreed by, the event organiser or venue |
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“sporting and cultural event” and “event” includes all live entertainment, |
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including but not limited to sports matches, live music events, theatre |
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and other live performances which will take place or are taking place in |
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England and Wales, and which have not concluded; |
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“ticket” means anything which purports to be a ticket, including any item, |
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tangible or intangible, which grants the holder entry to an event; |
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“ticketing agent” means a person or company who or which sells tickets |
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to events on behalf of event organisers or venue operators, or have in |
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the past resold, or intend to resell, tickets to events either with or |
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without authorisation from event organisers or venue operators; |
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“venue operator” means the person or persons responsible on behalf of |
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the venue for hiring out the venue for the holding of events by events |
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There is to be paid out of money provided by Parliament— |
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(a) | any expenditure incurred under or by virtue of this Act by the Secretary of |
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State, or by a government department, and |
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(b) | any increase attributable to this Act in the sums payable under any other Act |
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out of money so provided. |
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8 | Short title, commencement, application and extent |
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(1) | This Act may be cited as the Sale of Tickets (Sporting and Cultural Events) Act |
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(2) | This Act comes into force at the end of the period of 12 months beginning with |
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the day on which it is passed. |
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(3) | This Act shall apply in respect of anything done whether in the United |
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(4) | This Act extends to England and Wales. |
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