# The Birmingham Commonwealth Games (Advertising and Trading) Regulations 2021, Regulation 8: Exceptions modelled on the Town and Country Planning Regulations


(1) Section 13(1) of the Act does not apply to Games location advertising consisting of the display of an advertisement within—
(a) a class specified in column (1) of Schedule 1 to the Town and Country Planning Regulations (subject to paragraph (2)), provided that the display (or as the case may be) the advertisement complies with the conditions referred to in regulation 1(3) of those Regulations; or
(b) a class specified in Part 1 of Schedule 3 to the Town and Country Planning Regulations listed in paragraph (3), subject to—
(i) paragraph (4),
(ii) the conditions set out in Schedule 2 to the Town and Country Planning Regulations, and
(iii) in the case of any class other than Class 12, the conditions and limitations specified in Part 1 of Schedule 3 to the Town and Country Planning Regulations in relation to that class.
(2) The exception in paragraph (1)(a) (classes specified in column (1) of Schedule 1 to the Town and Country Planning Regulations) does not apply to the display of any of the following advertisements—
(a) an advertisement within Class A (advertisements displayed on enclosed land) where the advertisement is displayed—
(i) on enclosed land, or part of enclosed land, where that enclosed land, or that part of the enclosed land, is a railway station or bus station, including its forecourt (whether enclosed or not),
(ii) on or in a sports stadium, or
(iii) on enclosed land where a sporting event forming part of the Games is taking place, is to take place, or has taken place on or in that enclosed land;
(b) an advertisement within Class C (advertisements incorporated in the fabric of buildings) that was not in existence on the date on which these Regulations came into force;
(c) an advertisement within Class I (advertisements displayed inside buildings), other than an exempt business advertisement, where the advertisement is displayed—
(i) in a building, or in part of a building, where that building (or that part of the building) is, or forms part of, a railway station or bus station,
(ii) in a sports stadium, or
(iii) in part of a building where a sporting event forming part of the Games is taking place, is to take place, or has taken place in that part of the building.
(3) The classes referred to in paragraph (1)(b) (classes specified in Part 1 of Schedule 3 to the Town and Country Planning Regulations) are—
(a) Class 1 (functional advertisements of government departments and their agencies, local authorities, public transport undertakers, statutory undertakers and Transport for London);
(b) Class 2 (miscellaneous advertisements relating to the premises on which they are displayed);
(c) Class 3 (miscellaneous temporary advertisements);
(d) Class 4 (illuminated advertisements on business premises);
(e) Class 5 (other advertisements on business premises);
(f) Class 6 (advertisements on forecourts of business premises);
(g) Class 7 (flag advertisements);
(h) Class 10 (advertisements for neighbourhood watch and similar schemes);
(i) Class 11 (directional advertisements);
(j) Class 12 (advertisements inside buildings);
(k) Class 17 (advertisements on charging points for electric vehicles).
(4) The exception in paragraph (1)(b) does not apply to the display of any of the following advertisements—
(a) an advertisement within Class 3D (advertisements announcing local events and activities) that promotes—
(i) a product or service, or
(ii) a business, other than a charity;
(b) an advertisement within Class 3F (advertisements relating to travelling circuses, fairs or similar travelling entertainments);
(c) an advertisement within Class 7B (flags on residential development sites) that does not relate to the development or to a person carrying out the development or an aspect of the development;
(d) an advertisement within Class 12 (advertisements displayed inside buildings), other than an exempt business advertisement, where the advertisement is displayed—
(i) in a building, or in part of a building, where that building (or that part of the building) is, or forms part of, a railway station or bus station,
(ii) in a sports stadium, or
(iii) in part of a building where a sporting event forming part of the Games is taking place, or is to take place, or has taken place in that part of the building.
(5) In this regulation—
“business premises” and “forecourt” have the same meanings as in Schedule 3 to the Town and Country Planning Regulations;
“exempt business advertisement” means an advertisement (whether illuminated or not) displayed on business premises within a building (or a forecourt associated with such premises) that refers only to—
(i) the business carried on,
(ii) the goods or services provided, or
(iii) the name or qualifications of the person carrying on the business or providing the goods or services,
on those premises;
“the Town and Country Planning Regulations” means the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

---
Source: https://www.legislation.gov.uk/uksi/2021/1198/regulation/8 (the official version)
Page: https://openlegislation.uk/birmingham-commonwealth-games-advertising-and-trading-regulations-2021/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.