Section 24: Power to enter and search

53.     Subsection (1) enables an enforcement officer to, without warrant, enter and search a place (and any vehicle, vessel, container or other thing at that place) where the officer reasonably believes that a Games offence has been or is being committed or which the officer reasonably believes has been or is being used in connection with the commission of a Games offence.

54.     Subsection (2) allows an enforcement officer, when entering a place under subsection (1), to take with them any other person or equipment reasonably required for the purposes of assisting the officer. This could, for example, be a locksmith in order to gain access.

55.     Subsection (3) requires an enforcement officer who enters a place using powers conferred by this section to take reasonable steps to leave the place at least as effectively secured against unauthorised entry as the officer found it.

Section 25: Use of reasonable force

56.     Unless the owner or occupier of a place that an enforcement officer requires to enter consents to such entry some measure of force will generally be required in order to effect entry. Subsection (1) allows an enforcement officer to use, or authorise the use of, reasonable force when taking enforcement action under section 22 (general enforcement powers) or 24 (entry and search). Force may be used, however, only where the enforcement officer is accompanied by a police constable and if the use of force has been authorised by warrant issued by a sheriff or the police constable reasonably believes that there is a real risk that the delay caused by seeking such a warrant would defeat or prejudice the purpose of taking action. This power could for example be used to authorise a locksmith to use reasonable force to gain entry to a place. The enforcement officer cannot, however, use or authorise the use of reasonable force against an individual.

57.     Subsection (3) provides that the sheriff may grant a warrant only if satisfied that the use of reasonable force is necessary for the purpose of taking enforcement action.

58.     By virtue of subsection (4) a warrant expires when it is no longer required for the purpose for which it was granted or, if earlier, on the date specified by the sheriff.

Section 26: Further restrictions on entering houses

59.     This section places further restrictions on the powers of enforcement officers when the place they wish to enter is a house or can only be entered through a house. Under subsection (1) they can only enter such a place if permitted to do so by someone residing there or if granted a warrant by a sheriff.

60.     Subsection (2) provides that an enforcement officer may only enter a house at a reasonable time and if accompanied by a police constable. This applies even if the occupier gives permission for entry.

61.     Subsections (3) and (4) set out the conditions of which a sheriff must be satisfied before issuing a warrant to enter a house. It requires the enforcement officer to demonstrate to the sheriff that the officer has reasonable grounds for taking action under section 22 or 24 and that the officer has been refused entry, that such a refusal is reasonably expected (and, in certain circumstances, that the occupants have been notified), that the house is unoccupied, that the occupier is temporarily absent, that the case is one of urgency or that notifying the resident of the officer's intentions would defeat the object of the proposed action.

62.     Subsection (5) provides that a warrant expires when it is no longer required for the purpose for which it was granted or, if earlier, on the day specified by the sheriff.

Section 27: Power to obtain information

63.     This section allows an enforcement officer to require any person to provide such information as the officer considers appropriate in connection with a Games offence or conduct which the officer reasonably suspects constitutes a Games offence. This could be used to gain access to records or receipts. The exception to this requirement is that persons may refuse to provide information if they would be able to refuse to provide that information in or for the purpose of court proceedings. An individual would, for example, not be required to self-incriminate.

Section 28: Requirement to produce authority

64.     This section provides that while an enforcement officer is taking enforcement action or exercising the power to obtain information under section 27 that officer must produce evidence of that officer's authority to act if requested to do so.

Section 29: Test purchases

65.     This section allows an enforcement officer to make or authorise another person to make a test purchase to discover whether the Act is being complied with without committing a Games offence.

Section 30: Compensation and recovery costs

66.     This section allows a person whose property is damaged as a result of any action taken by enforcement officers exercising their powers under section 22 or 24 to obtain compensation from the Organising Committee, although this does not apply if that person has committed a Games offence. It also allows such a person to obtain compensation from the Organising Committee if a constable accompanying an enforcement officer damages their property as a result of anything done under section 22 or 24. However, if the damage is caused by a constable who is not accompanying an enforcement officer, it is the chief constable of the constable's police force who is liable to pay compensation.

67.     Subsection (2) allows Ministers to make regulations making provision about: claiming compensation, determining the compensation due and for determining which court, tribunal or other body would determine any disputed compensation.

68.     Subsection (3) allows the Organising Committee to recover the cost of enforcement from the person who committed the Games offence.

Section 31: Obstructing an enforcement officer

69.     This section makes it an offence intentionally to prevent or obstruct an enforcement officer from doing anything which the officer may be authorised or entitled to do by virtue of the Act, or without reasonable cause to fail to provide an enforcement officer or a constable with information requested under section 27.

Section 32: Police powers

70.     This section allows a constable to do anything an enforcement officer may do under sections 22 to 29. For example, this would allow a constable to seize, conceal or destroy unauthorised advertising within the vicinity of Games locations.

71.     Subsection (2) extends the restrictions imposed on enforcement officers by sections 23, 25, 26 and 28 to constables. The restrictions only apply to the extent that they do not conflict with a constable's powers under any other enactment or rule of law. It also makes it clear that a constable does not require to be accompanied by another constable when using reasonable force or when entering a house.

72.     Subsection (3) allows a constable to arrest without warrant a person who the constable reasonably believes is committing or has committed a Games offence. Subsection (4) clarifies that this power of arrest does not affect a constable's existing powers of arrest.

Section 33: Action under sections 22 to 29: procedure

73.     This section allows Ministers to make regulations specifying further procedures which an enforcement officer or constable must follow when doing anything under sections 22 to 29.

TRIAL AND PUNISHMENT

Section 34: Mode of trial

74.     This section provides that trading and advertising offences can be tried either summarily or on indictment and that ticket touting and obstruction offences are triable only summarily.

Section 35: Penalties

75.     This section sets out the penalties associated with each of the Games offences. The level of penalties, apart from that associated with the offence of obstructing an enforcement officer, have been tied to those of similar offences in the London Olympic Games & Paralympic Games Act 2006.

76.     Subsection (1) makes a person convicted of a trading offence or an advertising offence liable on conviction on indictment to an unlimited fine or on summary conviction to a fine not exceeding £20,000.

77.     Subsection (2) makes a person convicted of a ticket touting or obstruction offence liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000).

Section 36: Offences by bodies corporate etc.

78.     By virtue of subsection (1), where an offence is committed under the Act by a body corporate, Scottish partnership or other unincorporated association, which is proved to have been committed with the consent or the connivance of a "relevant individual" or an individual acting as such, or because of any neglect by the "relevant individual", the individual, as well as the body corporate, partnership or other unincorporated association, will be guilty of the offence and liable to punishment.

79.     Subsection (2) defines a "relevant individual" in relation to a body corporate as a director, manager, secretary or other similar officer of the body, or a member (where the affairs of the body are managed by its members). In relation to a council, the "relevant individual" is an officer or member of the council. In relation to a Scottish partnership it is a partner and in relation to any other unincorporated association it is a person who is concerned with the management or control of that association.

80.     Subsection (3) provides that any penalty imposed upon a body corporate, Scottish partnership or unincorporated association is to be recovered by civil diligence under section 221 of the Criminal Procedure (Scotland) Act 1995.

TRANSPORT

Section 37: Transport plan

81.     This section clarifies that the Organising Committee is responsible for producing a Games Transport Plan. Subsection (2) requires the Organising Committee to consult the Scottish Ministers, every council in whose area a Games location is situated, every chief constable of a police force maintained for an area in which a Games location is situated and any other person the Organising Committee considers appropriate before making such a plan.

Section 38: Games traffic regulation orders

82.     This section allows a traffic authority for a road to make a temporary traffic regulation order for the purposes of implementing the Games transport plan, facilitating transport services in connection with the Games, facilitating travel by any person for a purpose connected to the Games or carrying out an experimental scheme of traffic control for a purpose connected to the Games. These are to be known as "Games traffic regulation orders". Such orders will be used, for example, to deliver the Games Lanes described in the Candidate City File.

83.     Subsection (2) provides that a Games traffic regulation order may be made irrespective of whether the traffic authority is satisfied as to any of the matters set out in section 14(1)(a) (road works), (b) (danger or damage) or (c) (litter clearing and cleaning) of the Road Traffic Regulation Act 1984.

84.     Subsection (3) enables a Games traffic regulation order to suspend any statutory provision mentioned in section 14(7) of the 1984 Act without imposing any prohibition or restriction in relation to the road. This means, for example, that a traffic authority may suspend parking in designated parking spaces on a road without also having to close any part of that road to traffic.

85.     Subsection (4) removes the decriminalisation of waiting, loading or unloading vehicles in special parking areas in contravention of a Games traffic regulation order. Waiting, loading or unloading vehicles in such circumstances will be a criminal offence.

Section 39: Urgent traffic regulation measures

86.     This section allows a traffic authority for a road to restrict or prohibit temporarily the use of the road, or any part of it, by vehicles or pedestrians where they believe such restrictions should come into force without delay. Such restrictions or prohibitions may be imposed by notice. This could be used for example if emergency road works are required on a section of the Games Route Network and time is not available to make a Games traffic regulation order to create an alternative route.

87.     Subsection (2) provides that the requirements and restrictions of the 1984 Act in relation to notices under section 14(2) of that Act apply also to notices under this section. These requirements and restrictions include such matters as having regard to the existence of alternative routes for traffic that will be affected by the notice and not making such a notice if the effect would be to prevent pedestrian access to premises on or adjacent to the road.

Section 40: Power to direct councils to regulate road use for Games purposes

88.     This section allows the Scottish Ministers to direct a council to make, vary or revoke a traffic regulation instrument where they consider such action to be necessary for any purposes mentioned in section 38. A traffic regulation instrument is defined in subsection (6).

89.     The Scottish Ministers may make such a direction only if they have been notified by the Organising Committee that it considers that the council should take such action and the council has failed to take that action within 7 days of being asked by the Scottish Ministers to do so (subsection (2)). The Scottish Ministers are, however, not bound by these conditions if they consider that action must be taken without delay in order to ensure that the Games Transport Plan is implemented properly (subsection (3)). If the council fails to comply with a direction, the Scottish Ministers may take action in place of the council and may recover from the council the costs of so acting (subsections (4) and (5)).

FUNDING ETC.

Section 41: Organising Committee: funding and other assistance

90.     This section allows the Scottish Ministers to provide or arrange for the provision of assistance to the Organising Committee for the purposes of securing compliance with the Host City Contract or for any other purpose connected with the holding of the Games. The Scottish Ministers may impose conditions on such assistance. This assistance could take many forms, for example, financial assistance, goods or services, facilities or staff or acquiring land or other property. The Scottish Ministers will use this power to provide funding to the Organising Committee enabling it to deliver the Games.

COMPULSORY ACQUISITION

Section 42: Compulsory acquisition of land for Games purposes

91.     This section modifies the Town and Country Planning (Scotland) Act 1997 (c.8) to allow councils to issue a compulsory purchase order for land which is suitable for and required in order to facilitate the holding of the 2014 Glasgow Commonwealth Games. The procedure for making such an order remains the same as for any compulsory purchase order under the 1997 Act.

SUBORDINATE LEGISLATION: PROCEDURE

Section 43: Orders and regulations

92.     This sets out the procedure under which the Scottish Ministers can exercise powers which the Act gives them to make subordinate legislation. All orders and regulations are to be made by statutory instrument (and will be published as such).

93.     Subsection (2) provides that any power to make regulations or orders may be used to make different provision for different purposes and includes power to make any incidental, supplementary, consequential, transitory, transitional or saving provisions as the Scottish Ministers consider appropriate.

94.     In accordance with subsection (3) and subject to subsection (4), statutory instruments under the Act will be subject to the Scottish Parliament's negative resolution procedure, except for commencement orders and an order under section 50(2) setting a repeal day for the Act, which will not be subject to any parliamentary procedure.

95.     Subsection (4) requires that no statutory instrument containing the first trading regulations, advertising regulations or regulations under section 19 (use of the internet) may be made unless a draft of the instrument has been laid before, and approved by a resolution of the Scottish Parliament.

Section 44: Consultation

96.     This section requires the Scottish Ministers, before making the first trading and advertising regulations, to consult the councils for the areas in which it is proposed that the regulations will apply, the Organising Committee and any other persons who the Scottish Ministers consider appropriate.

Section 45: Factors for Ministers to consider

97.     This section requires the Scottish Ministers, when making the trading and advertising regulations, to have regard to the Host City Contract, any requests or guidance from the Commonwealth Games Federation and, where relevant, the impact of the regulations on the effective operation of the Games.

Section 46: Notice

98.     This section requires the Scottish Ministers to give public notice, no later than 2 years before the Games begin, of the general nature of the first trading and advertising regulations and to give public notice no later than 6 months before the Games begin of the detailed provisions of the first trading and advertising regulations.

FINAL PROVISIONS

Section 47: Ancillary provision

99.     Under subsection (1), the Scottish Ministers have the power to make, by order, any incidental, supplementary, consequential, transitory, transitional or saving provision as they consider appropriate for the purpose of or in connection with any provision of the Act or to give full effect to it, or any provision of it. By virtue of subsection (2), such an order may apply (with or without modifications) or disapply any enactment, including the Act itself.

Section 48: Interpretation

100.     This is the interpretation section. It provides definitions of many of the expressions used throughout the Act and makes other interpretative provision.

Section 49: Commencement

101.     This section sets out when provisions of the Act will come into force. The following provisions will come into force on Royal Assent:

• section 43 (Orders and regulations)

• section 47 (Ancillary provisions)

• section 48 (Interpretation)

• section 49 (Commencement)

• section 50 (Repeal)

• section 51 (Short title)

102.     Other provisions come into force on such day as Scottish Ministers may by order appoint.

Section 50: Repeal

103.     This section allows Scottish Ministers by order to repeal this Act effective on any day after the Games have ended.

Section 51: Short title

104.     This section provides for the short title which will be used for the purpose of citation of the Act.

Index

105.     This indicates where the definitions of terms used in the Act can be found.

PARLIAMENTARY HISTORY

106.     The following table sets out, for each Stage of the proceedings in the Scottish Parliament on the Bill for this Act, the dates on which the proceedings at that Stage took place, and the reference to the official report of those proceedings. It also shows the dates on which the Committee reports and other papers relating to the Bill were published, and references to those reports and other papers.

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