Section 38 InterpretationI1

In this Act—

• “advertise” and “advertising” are to be construed in accordance with section 13,

• “advertisement” means any word, letter, image, mark, sound, light, model, sign, placard, board, notice, screen, awning, blind, flag, device, costume or representation—

  1. (a)

     whether illuminated or not, and

  2. (b)

     in the nature of, and employed wholly or partly for the purposes of, advertisement, promotion, announcement or direction,

• “advertising licence” has the meaning given by section 15(2),

• “the advertising offence” has the meaning given by section 12(1),

• “advertising regulations” has the meaning given by section 12(3),

• “ambush marketing” means an act or series of acts intended specifically to advertise within an event zone at a prohibited time—

  1. (a)

     a good or service, or

  2. (b)

     a person who provides a good or service,

• “article” includes a living thing,

• “building” does not include—

  1. (a)

     a caravan, marquee, stall, tent or other temporary or moveable structure,

  2. (b)

     a building (or part of a building) which is designed or used generally as a car park,

  3. (c)

     a telephone kiosk,

• “Championship” has the meaning given by section 1(1),

• “Championship offence” has the meaning given by section 18(1)(a),

• “Championship period” has the meaning given by section 1(1),

• “Championship ticket” has the meaning given by section 1(1),

• “constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,

• “enforcement officer” has the meaning given by section 17(1),

• “event zone” has the meaning given by section 1(1),

• “existing street trader” has the meaning given by section 7(4),

• “house”—

  1. (a)

     means any building (or part of a building), flat, mobile home, houseboat, caravan or other place which is occupied only as a separate dwelling,

  2. (b)

     does not include any yard, garden, garage, outbuilding or other similar area or structure,

• “infringing article” has the meaning given by section 18(3),

• “newspaper” excludes a newspaper whose sole or principal effect is to advertise a good or service, or a person who provides a good or service, in an event zone at a prohibited time,

• “the obstruction offence” has the meaning given by section 30,

• “open public place” means—

  1. (a)

     a road, or

  2. (b)

     another place—

     1. (i)

        to which the public have access (whether generally or only for the purpose of the trading), and

     2. (ii)

        which is not in a building (except one designed or generally used for the parking of cars),

• “performance of a play” means performance of any dramatic piece, whether improvisational or not—

  1. (a)

     given wholly or in part by one or more persons actually present and performing, and

  2. (b)

     in which the whole or a major proportion of what is done by the person performing, whether by way of speech, singing or action, involves the playing of a role,

• “public entertainment” means—

  1. (a)

     a performance of live music for members of the public,

  2. (b)

     any playing of recorded music for members of the public,

  3. (c)

     a performance of dance for members of the public,

  4. (d)

     a performance of a play for members of the public,

  5. (e)

     any entertainment of a similar description to that in paragraphs (a) to (d),

• “the touting offence” has the meaning given by section 2,

• “trade” and “trading” are to be construed in accordance with section 7,

• “trading licence” means—

  1. (a)

     a street trader’s licence granted by Glasgow City Council under section 39 of the Civic Government (Scotland) Act 1982,

  2. (b)

     a market operator’s licence granted by Glasgow City Council under section 40 of that Act, or

  3. (c)

     a certificate granted under the Pedlars Act 1871,

• “the trading offence” has the meaning given by section 6,

• “the trading regulations” means regulations made under section 6(3),

• “UEFA” means the Union des Associations Européennes de Football,

• “UEFA Partner” means a person or body who is party to a sponsorship or licence agreement with UEFA in relation to a good or service in respect of the Championship.