15.This section introduces schedule 1 of the Act which sets out exceptions to the touting offence for providers of information society services and makes the touting offence consistent with Articles 3(2) and (4) and 12 to 14 of Directive 2000/31/EC on certain legal aspects of information society services in the Internal Market (OJ L 178, 17.7.2000, p.1).(1)
16.Schedule 1 provides exceptions from the commission of the touting offence, subject to conditions, for service providers who act as mere conduits, who cache information, or who store information. It also provides that service providers established in an EEA state cannot be prosecuted for the commission of the offence regarding their provision of information society services, unless the derogation condition (as set out in paragraph 1(2)) is met.
17.Section 5 includes power for the Scottish Ministers to make regulations that modify schedule 1, including power to specify further circumstances in which making facilities available in connection with electronic communications or the storage of data is, or is not, to be capable of constituting the touting offence. This will allow the provisions to be adapted to any relevant technological developments, such as developments in artificial intelligence, between the Bill passing and EURO 2028. These regulations are subject to the affirmative procedure (see section 37 of the Act).
The Act Ticket touting Section 5 and schedule 1: Exceptions for providers of information society services etc.