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 the appropriate permission to collect within the specified 'Event Zone', under the Civic Government (Scotland) Act 1982. This permission should be in place, or have been applied for, at time of application to the Organising Committee.
Dispensation for Exempt Promoters?
Lastly, it should be noted that the Regulations do not provide any special dispensation for 'Exempt Promoters'. As such, any Exempt Promoters should apply to the Organising Committee in the same way as other charitable organisations. OSCR has indicated that it intends to contact Exempt Promoters individually in order to discuss their specific requirements.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
