3 It is an offence for a person to— a use software that is designed to enable or facilitate completion of…
regulation 3 of The Breaching of Limits on Ticket Sales Regulations 2018
- Status not determined
- Requires proof of a state of mind
- Food, consumer protection, trading standards, product safety and age-restricted sales
This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.
What the provision says
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.
Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.
Who it binds, and what has to be proved
- Binds
- a person
- Conduct
- breaching the provision
- Fault element
- Requires proof of a state of mind
- Burden of proof
- No statutory defence — prosecution proves everything
The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (with intent to).
The provision states no defence, so the prosecution bears the burden on every element of the offence.
Classifier’s reasoning: mens rea word in the offence-creating words: with intent to.
What would breach regulation 3?
These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.
- Doing what the provision prohibits, or failing to do what it requires under the Breaching of Limits on Ticket Sales Regulations 2018.
Penalty
- Mode of trial
- Not determined
- Maximum fine
- £50,000
- Maximum prison (summary)
- Not determined
Sentencing
Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.
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Sentencing organisations: fines and the means of a corporate defendant
All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
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Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline
Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
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Reduction in sentence for a guilty plea: definitive guideline
All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
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General guideline: overarching principles
All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
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Totality: definitive guideline
All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.
Prosecution figures
No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.
Status and lifecycle
- Current status
- Status not determined
- Made
- 14 June 2018
- In force from
- Not determined
- Extent
- E+W+S
How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.
What the instrument is for
(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.
These Regulations provide for a criminal offence of purchasing tickets for a recreational, sporting or cultural event in excess of conditions setting a maximum number of tickets that a purchaser may buy. Regulation 2 provides that these Regulations apply where: (a) tickets for a recreational, sporting or cultural event in the United Kingdom are offered for sale; (b) a purchase may be made by a process that the purchaser completes using an electronic communications service or network; and (c) the offer is subject to conditions limiting the number of tickets a purchaser may buy (“the sales limit”). Regulation 3 provides that it is an offence for a person to use software which is designed to enable or facilitate completion of any part of the process, with intent to obtain tickets in excess of the sales limit and with a view to any person obtaining financial gain. Regulation 4 provides that the offence is committed whether the offer of tickets is made or anything is done to obtain the tickets, in or outside the United Kingdom. Regulation 5 makes provision in relation to the prosecution of, and penalties for, the offence. These Regulations were notified in draft (Notification No. 2017/0575/UK on 12/12/17) to the European Commission in accordance withDirective (EU) 2015/1535of the European Parliament and of the Council (OJ L 241, 17.9.2015, p.1) which lays down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services. An Impact Assessment has not been produced as no, or no significant, impact on the private sector or civil society organisations is foreseen.
Read the full note and every offence in this instrument
What Parliament said
Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.
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Digital Markets, Competition and Consumers Bill (Fourteenth sitting)
Commons · 11 July 2023 · Kevin Hollinrake
Two of these new clauses seek to add further regulation on secondary ticketing and platforms. The third would provide for a report on the introduction of a new regulatory function for the secondary ticketing market, to be prepared within 12 months of the Bill receiving Royal Assent. I thank the hon. Member for these new clauses. I am also grateful for the work of her colleague, the hon. Member for Washington and…
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Digital Markets, Competition and Consumers Bill
Commons · 21 May 2024 · Mrs Hodgson
Sadly, if amendment 104B is not accepted today, that might be the case. I welcome the opportunity to speak in today’s debate, as short as it might be. I am sure that the Minister is aware that I am here in my capacity as chair of the all-party parliamentary group on ticket abuse, which has done some great work in this area. I support the Opposition’s manuscript amendment, and therefore support the revised Lords…
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Secondary Ticketing Market
Commons · 24 October 2024 · Mrs Sharon Hodgson (Washington and Gateshead South) (Lab)
It is a pleasure to serve under your chairmanship, Mr Rosindell. I thank my hon. Friend the Member for Cramlington and Killingworth (Emma Foody) for securing this important debate. I am glad to hear that she is as passionate as I am about sorting out this broken market. I am happy to see the Minister for Creative Industries, Arts and Tourism in his place. We have been on quite a journey together to get to this…
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Live Events Ticketing: Resale and Pricing Practices
Lords · 16 January 2025 · The Earl of Effingham (Con)
My Lords, we appreciate the Statement from His Majesty’s Government. As the Minister in the other place said, the Department for Business and Trade and the Department for Culture, Media and Sport have launched a consultation on the resale of live event tickets. That consultation will consider a cap on the price of ticket resales, increasing the regulation of ticket resale websites and apps, and strengthening…
How this was identified as an offence
Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.90.
- Basis
- the provision says “it is an offence”; the provision says an offence is committed “if” something happens
- Confidence
- 0.90 of 1.00
A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.
Check the source
- This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
- The Breaching of Limits on Ticket Sales Regulations 2018 Every offence this instrument creates, and its explanatory note
- Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
- Offences created in 2018