Statutory Instruments
2018 No. 735
Consumer Protection
Criminal Law
The Breaching of Limits on Ticket Sales Regulations 2018
Made
14th June 2018
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 106(1), (4), (5)(a), (6) and (7) of the Digital Economy Act 2017( 1 ).
A draft of the instrument was laid before Parliament in accordance with section 106(9) of that Act, and approved by a resolution of each House of Parliament.
Citation, commencement and extent I1
1. —(1) These Regulations may be cited as the Breaching of Limits on Ticket Sales Regulations 2018 and come into force 21 days after the day on which they are made.
(2) These Regulations extend to England and Wales and Scotland.
Application I2
2. These Regulations apply where—
(a) tickets for a recreational, sporting or cultural event in the United Kingdom are offered for sale;
(b) purchase of the tickets may be made wholly or partly by a process that the purchaser completes using an electronic communications network or an electronic communications service( 2 ); and
(c) the offer is subject to conditions that limit the number of tickets a purchaser may buy (“the sales limit”).
Offence I3,I4
3. It is an offence for a person to—
(a) use software that is designed to enable or facilitate completion of any part of a process within regulation 2(b); and
(b) do so with intent to obtain tickets in excess of the sales limit, with a view to any person obtaining financial gain.
4. For the purposes of regulation 3 it does not matter whether the offer in regulation 2(a) is made, or anything is done to obtain tickets, in or outside the United Kingdom.
Offences: prosecution and penalties I5
5. —(1) An offence under these Regulations is triable summarily in England and Wales and Scotland.
(2) A person guilty of an offence under these Regulations is liable—
(a) in England and Wales, to a fine; or
(b) in Scotland, to a fine not exceeding £50,000.
Margot James
Minister of State
Department for Digital, Culture, Media and Sport
14th June 2018
Section 106(10) of the Digital Economy Act 2017 provides that “electronic communications network” and “electronic communications service” have the meanings given by section 32 of the Communications Act 2003, c. 21. Section 32 of that Act was amended by S.I. 2011/1210 .