Part 3: Touting, Advertising and Trading Offences Schedule 3 – Further provision about enforcement Power to conceal or destroy prohibited advertising
Paragraph 12 subparagraph (1) provides that where necessary, an officer may conceal an advertisement that the officer reasonably suspects is an offence under section 12, but the provision at subparagraph (2) provides that where the seizure or concealment of an advertisement is not reasonably practicable, an enforcement officer may deface or destroy an advertisement, such as when a poster is stuck to the side of a building in the vicinity of a Games location. Subparagraph (3) makes it clear that, for the purpose of exercising a power in subparagraphs (1) or (2) (concealment or destruction), an enforcement officer can exercise a power of entry and require the assistance of a person on the premises as provided within paragraphs 23 and 32 to 34(1) of Schedule 5 to the Consumer Rights Act 2015. Subparagraph (4) provides that nothing may be concealed for longer than is necessary to prevent the commission of the offence at section 13. Subparagraph (5) provides that a person is not liable if they fail to reveal any advertising, provided they took reasonable steps to reveal the advertisement as soon as reasonably practicable after the concealment ceased to be necessary, or that they ensured any other person was able to reveal an advertisement.