The London Olympic Games and Paralympic Games (Advertising and Trading) (Wales) Regulations 2012
| Jurisdiction | Wales |
| Citation | SI 2012/60 (W14) |
| Year | 2012 |
2012 No. 60 (W.14)
OLYMPIC GAMES AND PARALYMPIC GAMES, WALES
The London Olympic Games and Paralympic Games (Advertising and Trading) (Wales) Regulations 2012
Made 10th January 2012
Coming into force in accordance with regulation 1(2)
The Welsh Ministers, in exercise of the powers conferred by sections 19, 20(1), 22(8), 25, 26(1) and 28(6) of the London Olympic Games and Paralympic Games Act 20061, and now vested in them2, make the following Regulations.
The Welsh Ministers have consulted in accordance with the requirements set out in sections 20(3) and 26(3) and have had regard to the matters referred to in sections 19(2) and 25(2) of that Act.
A draft of these Regulations was laid before, and approved by a resolution of, the National Assembly for Wales in accordance with sections 20(2) and 26(2) of that Act3.
PART 1
Introductory
Title, commencement, cessation and application
1.—(1) The title of these Regulations is the London Olympic Games and Paralympic Games (Advertising and Trading) (Wales) Regulations 2012.
(2) They come into force on the day after the day on which they are made.
(3) They cease to have effect at the end of 14 August 2012.
(4) These Regulations apply in relation to Wales.
Application to the Crown
2.—(1) The following provisions bind the Crown—
(a)
(a) regulations 5 to 11, and
(b)
(b) regulations 3, 4, 16 and 17 to the extent that they relate to advertising activity.
(2) But nothing in these Regulations makes the Crown liable for an offence.
General Interpretation
3. In these Regulations—
“the Act” (“y Ddeddf”) means the London Olympic Games and Paralympic Games Act 2006;
“article” (“eitem”) includes a living thing;
“building” (“adeilad”) means a permanent building but excludes a telephone kiosk;
“event period” (“cyfnod digwyddiad”) means each of the following periods—
(a) the period beginning at 00:01 on 24 July 2012 and ending at 23:59 on 28 July 2012,
(b) the period beginning at 00:01 on 30 July 2012 and ending at 23:59 on 4 August 2012, and
(c) the period beginning at 00:01 on 9 August 2012 and ending at 23:59 on 10 August 2012;
“event zone” (“parth digwyddiadau”) means the Millennium Stadium zone, being the area bounded externally by a dotted green line, including the airspace above that area, shown on the map signed on behalf of the Welsh Ministers, bearing the name of the event zone, the title of these Regulations, and the date September 2011, of which prints are deposited and available for inspection at the offices of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ, and at the offices of Cardiff Council at County Hall, Atlantic Wharf, Cardiff, CF10 4UW, and at City Hall, Cathays Park, Cardiff, CF10 3ND;
“licence” (“trwydded”) includes any kind of consent, certificate, permission or authority (by whatever name) granted by a landowner, local authority or other person in accordance with any enactment, Charter or other document;
“newspaper or periodical” (“papur newydd neu gyfnodolyn”) does not include a newspaper or periodical intended specifically to advertise one or more of the following within the event zone during an event period—
(a) goods or services,
(b) a person who provides goods or services;
“receptacle” (“daliedydd”) means anything which is used (whether or not constructed or adapted for such use) as a container for or for the display of any article, including—
(a) any vehicle, trailer or barrow, or
(b) any basket, bag, box, vessel, stall, stand, easel, board, or tray;
“telephone kiosk” (“caban ffôn”) means any kiosk, booth, acoustic hood, shelter or similar structure which is erected or installed for the purpose of housing or supporting electronic communications apparatus and at which an electronic communications service is provided (or is to be provided) by an electronic communications code operator; and
“the 1992 Regulations” (“Rheoliadau 1992”) means the Town and Country Planning (Control of Advertisements) Regulations 19924.
Effect on other legislation etc.
4. Nothing in these Regulations—
(a) authorises a person to do anything that is prohibited (whether in a particular place or generally) by or under any enactment or rule of law, or
(b) affects a requirement of any enactment or rule of law that a person hold a licence before engaging in activity for which that licence is required (whether in a particular place or generally).
PART 2
Advertising Activity
Interpretation of this Part
5.—(1) In this Part—
“advertisement” (“hysbyseb”) means any word, letter, image, mark, sound, light, model, sign, placard, board, notice, screen, awning, blind, flag, device, costume or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purpose of, promotion, advertisement, announcement or direction;
“advertiser” (“hysbysebwr”) means a person who engages in advertising activity;
“advertising activity” (“gweithgaredd hysbysebu”) means—
(a) displaying an advertisement, or
(b) distributing or providing promotional material;
“advertising attire” (“gwisg hysbysebu”) means—
(a) a costume that is an advertisement, or
(b) clothing on which an advertisement is displayed;
“ambush marketing campaign” (“ymgyrch marchnata rhagod”) means a campaign (whether consisting of one act or a series of acts) intended specifically to promote, advertise, announce or direct one or more of the following within the event zone during an event period—
(a) goods or services,
(b) a person who provides goods or services;
“displaying an advertisement” (“arddangos hysbyseb”) includes (without prejudice to the generality of that expression)—
(a) projecting, emitting, screening or exhibiting an advertisement,
(b) carrying or holding an advertisement or an apparatus by which an advertisement is displayed,
(c) providing for—
(i) an advertisement to be displayed on an animal, or
(ii) an apparatus by which an advertisement is displayed to be carried or held by an animal,
(d) doing one or more of the following as part of an ambush marketing campaign—
(i) carrying or holding personal property on which an advertisement is displayed,
(ii) wearing advertising attire,
(iii) displaying an advertisement on an individual’s body;
“not-for-profit body” (“corff di-elw”) means a body which, by virtue of its constitution or any enactment—
(a) is required (after payment of outgoings) to apply the whole of its income, and any capital which it expends, for charitable or public purposes, and
(b) is prohibited from directly or indirectly distributing amongst its members any part of its assets (otherwise than for charitable or public purposes); and
“promotional material” (“deunydd hyrwyddo”) means a document or article distributed or provided wholly or partly for the purpose of promotion, advertisement, announcement or direction.
(2) In this Part, a reference to a person who engages in advertising activity is to be treated as including a person to whom regulation 6(2) applies.
(3) Advertising activity that consists of the display of an advertisement on a personal communication device is not to be treated as advertising activity for the purposes of this Part unless the advertiser intends the advertisement to be displayed, by means of the device, to the public at large (rather than only to the individual using the device).
(4) In paragraph (3), “personal communication device” (“dyfais gyfathrebu bersonol”) means a mobile telephone or other personal interactive communication device.
Control of advertising activity
6.—(1) A person must not engage in advertising activity in the event zone during an event period.
(2) A person is to be treated as contravening paragraph (1) if that person arranges (at any time and in any place) for advertising activity to take place in the event zone during an event period.
(3) A person is also to be treated as contravening paragraph (1) if advertising activity in the event zone during an event period—
(a)
(a) relates to goods, services, a business or other concern in which that person has an interest or for which that person is responsible, or
(b)
(b) takes place on land, premises or other property that that person owns or occupies or of which that person has responsibility for the management.
(4) Without prejudice to the generality of paragraph (3)—
(a)
(a) a person is to be treated as having an interest in or responsibility for a business or other concern if that person is an officer of the business or concern,
(b)
(b) a person is to be treated as having an interest in or responsibility for goods or services if that person is an officer of a business or other concern that has an interest in or is responsible for the goods or services, and
(c)
(c) a person is to be treated as having responsibility for the management of land, premises or other property if that person is an officer of a business or other concern that owns, occupies or has responsibility for the management of the land, premises or other property.
(5) In paragraph (4), “an officer” (“swyddog”) means a director, manager, secretary or other similar officer.
(6) This regulation applies in relation to advertising activity whether or not it consists of the result or continuation of activity carried out before these Regulations came into force.
Exception for demonstrations, etc.
7.—(1) Regulation 6 does not apply to advertising activity intended to—
(a)
(a) demonstrate support for or opposition to the views or actions of any person or body of persons,
(b)
(b) publicise a belief, cause or campaign, or
(c)
(c) mark or commemorate an event.
(2) But this exception does not apply to advertising activity that promotes or advertises—
(a)
(a) goods or services, or
(b)
(b) a person or body (excluding a not-for-profit body) that...
To continue reading
Request your trial