Part 3: Touting, Advertising and Trading Offences Section 10: Ticket touting offence
This section establishes that it is a criminal offence to tout a Games ticket. Subsections (1) – (3), establish that it is an offence for a person to sell, offer to sell, or expose for sale (for example in a shop window) a Games ticket without authorisation from the Organising Committee. The offence is committed where it is carried out in a public place, in the course of a business (including at face value or below), or where the intention is for any person to make a profit from the sale of the ticket. It does not cover a person giving away their ticket informally for free or for payment of up to the face value of the ticket, unless this activity takes place in a public place.
	Subsection (3)(d) also makes it an offence to advertise that a ticket is available for purchase. However, by virtue of subsection (4), this does not apply where a person advertises that a Games ticket is available to purchase from someone else and the person advertising the ticket did not know, or could not be expected to know, that the ticket was being touted.
	Subsection (5) applies the offence where a ticket is offered to a person paying for other goods and services (for example, as part of a promotional offer where a ticket is given to a consumer if they purchase a certain amount of other goods or services).
	Subsection (6) defines what is meant by a ‘Games ticket’. It covers a ticket for any event forming part of the Birmingham Games, including non-sporting events (for example the Opening and Closing Ceremonies), or any other event organised by or on behalf of the Organising Committee.
	Subsection (7) provides that the Organising Committee cannot commit the offence.
	Subsection (8) provides for the penalties for the offence, and subsection (9) makes provision regarding the recovery of fines in Scotland.
	Subsection (10) establishes that sections 10 and 11 are subject to Schedule 2, which sets out restrictions and exceptions in relation to the application of the provision to information society service providers.