31.The Scottish Ministers are given a regulation-making power in section 12(3) to make “the advertising regulations”. The advertising regulations may amend but not repeal the exemption to the advertising offence for social or political activities (in paragraph 1 of schedule 3 of the Act), modify the other exemptions to the advertising offence (listed in paragraphs 2 to 6 of schedule 3 of the Act) and make further provision about advertising within event zones. But the advertising regulations must not permit any person to knowingly participate in ambush marketing i.e. activity intended specifically to advertise within an event zone at a prohibited time a good or service, or a person who provides a good or service (section 12(4)). The advertising regulations are subject to the affirmative procedure (see section 37 of the Act).
32.As set out in section 13(3) of the Act, the advertising regulations may—
	define what activities will be treated as advertising, and
	designate places or areas within event zones in which the advertising offence does not apply.
33.Under section 14 of the Act, the advertising regulations may set out circumstances in which advertising which would otherwise constitute an advertising offence is permitted. This could be by reference to the person who is advertising, the nature or purpose of the advertising or the circumstances of the advert’s display. For example, activity undertaken by a UEFA partner, advertising that is wholly a memorial, or carrying or holding personal property on which an advertisement is displayed (provided the individual did not know or did not have reasonable cause to believe that they are participating in ambush marketing).
The Act Advertising The advertising regulations