Ah sorry. Misread it?
Clearly there is latitude for common sense in the application of these laws or, for instance, every time a parent takes their child on the train and buys them a ticket they are breaking the law.
There's certainly some confusion here.
I can buy a ticket for anyone. That person may use the ticket.
What I can't do, is...
1) I can't buy a ticket with no specific person in mind, and then put the ticket for sale to the general public. There are obvious reasons for this, as described previously, and it would also be highly immoral and extremely bad for customers if that happened.
or
2) I also can't buy a ticket with a particular person in mind, and then if that person can't make it, put the ticket for sale to the general public.
There is no way for a TOC to distinguish between 1 & 2. Therefore if someone offers tickets for sale through the likes of Gumtree or eBay, it is only right that the TOC takes appropriate action.
However....
Given that I can buy a ticket for, say, a family member, if that family member falls ill, the TOC isn't going to know if another family member goes instead. Likewise with a business, the ticket may need to be used by a member of a particular department, but if the manager is ill, then the deputy manager could go, for example. Whether or not this is considered a 'transfer' could be open to debate and interpretation, but providing the ticket conditions are satisfied, the TOCs are not likely to be too fussed about that. There's no evidence of any attempt to profit from other passengers, and no attempt to defraud TOCs. It may be that a Company buys a ticket for a particular role in mind, but there may be more than one individual who can fulfil that role. The TOCs are not likely to be interested in pursuing such matters.
Therefore, if someone says they cannot use a ticket and is considering selling it, I would strongly advise them NOT to advertise the ticket for sale to the general public. If a family member or close friend or business colleague can go instead, that is a rather different matter.