Commonwealth Games – Regulation Of Marketing And Trading By Charities In ‘Event Zones’

Author:Mr Duncan Osler and Robin Fallas
Profession:MacRoberts
 
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New regulations published by the Scottish Government restrict 'ambush marketing' and unauthorised street trading during the Commonwealth Games, including charitable fundraising.

The Regulations

The Glasgow Commonwealth Games (Trading and Advertising) (Scotland) Regulations 2013 (the 'Regulations') contains provisions that restrict trading in open public places, and advertising activity in defined 'Event Zones', during specified prohibited times. The Regulations reference to 'trading activity' includes "making an appeal to members of the public to give money or other property (or both) for charitable or other purposes in any way". Indeed, the relevant activity does not need to involve any gain or reward for it to be considered 'trading'. As such, charitable collection or work carried out by unpaid volunteers both fall under the Regulations.

The Trading Application Process

Charities must apply to the Organising Committee of the Commonwealth Games in order to be able to collect charitable contributions during the Games. Applications must be made by 28 February 2014 via the Organising Committee application form which can be found here (no fee is due for public charitable collections).

As well as applying to the Organising Committee, charitable organisations must also provide evidence that they have...

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