London Olympic Games and Paralympic Games (Amendment) Bill (HC Bill 165)

Advertising and trading

1 Removal of infringing articles

(1) In section 22 of the London Olympic Games and Paralympic Games Act 2006

(contravention of advertising regulations: power of entry), in subsection (5)—

(a) 5after paragraph (b) insert “or”, and

(b) omit paragraph (d) and the preceding “or”.

(2) In subsection (6) of that section—

(a) for “an enforcement officer” substitute “a constable”,

(b) for “a constable”, in each place it appears, substitute “an enforcement

10officer”, and

(c) for the words from “treated” to the end substitute “dealt with in

accordance with sections 31A to 31E.”

(3) In subsection (10) of that section—

(a) in the definition of “enforcement officer”, for “that subsection”

15substitute “this section”, and

(b) in paragraph (b) of the definition of “infringing article”, after “thing”

insert “, or an animal,”.

(4) In section 28 of that Act (contravention of trading regulations: power of entry),

in subsection (2)—

(a) 20after paragraph (b) insert “or”, and

(b) omit paragraph (d) and the preceding “or”.

(5) Omit subsection (3) of that section.

(6) In subsection (4) of that section—

(a) for “an enforcement officer” substitute “a constable”,

(b) for “a constable”, in each place it appears, substitute “an enforcement

officer”, and

(c) for the words from “treated” to the end substitute “dealt with in

5accordance with sections 31A to 31E.”

(7) In subsection (8) of that section—

(a) in the definition of “enforcement officer”, for “that subsection”

substitute “this section”, and

(b) in each of paragraphs (a) and (b) of the definition of “infringing article”,

10after “article” insert “or animal”.

(8) After section 31 of that Act insert—

“Removal of infringing articles

31A Cases involving criminal proceedings

(1) This section applies where—

(a) 15an infringing article is removed under section 22 or 28, and

(b) its retention is justified by the matter specified in section 22(5)(c)

or (as the case may be) 28(2)(c).

(2) In the case of a perishable article, the Olympic Delivery Authority must,

so far as is reasonably practicable, store the article pending its return or

20disposal in accordance with this group of sections.

(3) In the case of an animal, the Authority must take care of the animal

pending its return or disposal in accordance with this group of sections.

(4) If proceedings on the offence under section 21 or 27 are not instituted

before the end of the relevant period, the infringing article shall be

25returned to the owner of the article at the end of that period unless—

(a) the Authority, having undertaken such enquiries as it thinks

appropriate, fails to establish who or where the owner is,

(b) the owner disclaims the article or refuses to accept it, or

(c) in the case of a perishable article, the article has ceased to be

30usable for trade.

(5) If proceedings on the offence under section 21 or 27 are instituted

before the end of the relevant period but are discontinued, the

infringing article shall be returned to the owner on the discontinuance

of the proceedings unless subsection (4)(a), (b) or (c) applies.

(6) 35If proceedings on the offence under section 21 or 27 are instituted

before the end of the relevant period, and subsection (5) does not apply,

the infringing article shall be returned to the owner at the conclusion of

the proceedings unless—

(a) subsection (4)(a), (b) or (c) applies,

(b) 40the court orders the infringing article to be forfeited under

section 143 of the Powers of Criminal Courts (Sentencing) Act

2000, or

(c) where (without making an order under that section) the court

awards costs to the Authority against the owner, the period of

4528 days beginning with the day on which the award was made

expires without the costs having been paid.

(7) If subsection (4)(a) applies, the Authority may apply to a magistrates’

court for a disposal order under section 31D.

(8) If subsection (4)(b) or (6)(c) applies, the Authority must proceed in

accordance with section 31E.

(9) 5If subsection (4)(c) applies, the Authority may dispose of the article as

it thinks appropriate.

(10) For the purposes of this section, “the relevant period” is—

(a) in the case of an infringing article removed under section 22, the

period of 56 days beginning with the day after the day on which

10it is removed, and

(b) in the case of an infringing article removed under section 28, the

period of 28 days beginning with the day after the day on which

it is removed.

(11) In this section, “this group of sections” means this section and sections

1531B to 31E.

31B Cases not involving criminal proceedings: articles other than vehicles

(1) This section applies where—

(a) an infringing article which is not a vehicle is removed under

section 22 or 28, and

(b) 20retention of the article is not justified by the matter specified in

section 22(5)(c) or (as the case may be) 28(2)(c).

(2) In the case of a perishable article, the Olympic Delivery Authority must,

so far as is reasonably practicable, store the article pending its return or

disposal in accordance with this group of sections.

(3) 25In the case of an animal, the Authority must take care of the animal

pending its return or disposal in accordance with this group of sections.

(4) The article shall be returned to the owner when retention is no longer

justified by a matter specified in section 22(5)(a) or (b) or (as the case

may be) 28(2)(a) or (b) unless—

(a) 30the Authority, having undertaken such enquiries as it thinks

appropriate, fails to establish who or where the owner of the

article is,

(b) the owner disclaims the article or refuses to accept it, or

(c) in the case of a perishable article, the article has ceased to be

35usable for trade.

(5) If subsection (4)(a) applies, the Authority may apply to a magistrates’

court for a disposal order under section 31D.

(6) If subsection (4)(b) applies, the Authority must proceed in accordance

with section 31E.

(7) 40If subsection (4)(c) applies, the Authority may dispose of the article as

it thinks appropriate.

(8) In this section—

• “this group of sections” has the meaning given in section 31A, and

• “vehicle” has the same meaning as in the Vehicle Excise and
  
  45Registration Act 1994 (see section 1 of that Act).

31C Cases not involving criminal proceedings: vehicles

(1) This section applies where—

(a) a vehicle is removed under section 22 or 28, and

(b) retention of the vehicle is not justified by the matter specified in

5section 22(5)(c) or (as the case may be) 28(2)(c).

(2) If the Olympic Delivery Authority receives a written application for the

return of the vehicle and is satisfied that the applicant is the owner, the

vehicle shall be returned to the applicant when retention is no longer

justified by a matter specified in section 22(5)(a) or (b) or (as the case

10may be) 28(2)(a) or (b), unless the applicant disclaims the vehicle or

refuses to accept it.

(3) Subsection (2) does not apply if the vehicle has been removed under

section 22 or 28 on a previous occasion; where that is the case, if the

Authority is satisfied as to who the owner is, the vehicle shall be

15returned to the owner as soon as is reasonably practicable after the end

of the London Olympics period, unless the owner disclaims the vehicle

or refuses to accept it.

(4) If neither subsection (2) nor subsection (3) applies, the Authority must

request from the Secretary of State the particulars relating to the person

20in whose name the vehicle is registered under the Vehicle Excise and

Registration Act 1994.

(5) Once those particulars have been received, the vehicle shall—

(a) if it has been removed under section 22 or 28 on a previous

occasion, be returned to the owner as soon as is reasonably

25practicable after the end of the London Olympics period, or

(b) in any other case, be returned to the owner when retention is no

longer justified by a matter specified in section 22(5)(a) or (b) or

(as the case may be) 28(2)(a) or (b),

unless the owner disclaims the vehicle or refuses to accept it.

(6) 30If the owner disclaims or refuses to accept the vehicle in the

circumstances mentioned in subsection (2), (3) or (5), the Authority

must proceed in accordance with section 31E.

(7) In this section, “vehicle” has the same meaning as in the Vehicle Excise

and Registration Act 1994 (see section 1 of that Act).

31D 35Disposal orders

(1) A magistrates’ court may, on an application under section 31A(7) or

31B(5), make an order (a “disposal order”) authorising the Olympic

Delivery Authority—

(a) to dispose of the article or animal as the Authority thinks

40appropriate, and

(b) to apply any proceeds of the disposal towards the Authority’s

costs of exercising functions by virtue of section 19 or 25.

(2) The court may make a disposal order only if it is satisfied that the

Authority has made reasonable efforts to establish who and where the

45owner of the article or animal is.

(3) If a person who claims to be the owner of the article or animal, or

otherwise to have an interest in it, applies to the court to be heard in the

proceedings, the court—

(a) must give the applicant an opportunity to make representations

5as to why a disposal order should not be made,

(b) may not make a disposal order pending the making of the

representations, and

(c) having heard the representations, may (instead of making a

disposal order) make an order requiring the article or animal to

10be returned to the owner.

(4) In considering whether to make a disposal order, the court must have

regard in particular to—

(a) the value of the article or animal, and

(b) the likely financial or other effects of making the order.

(5) 15The court may make a disposal order even if the value of the article or

animal exceeds the maximum fine which could be imposed on

conviction of the offence under section 21 or (as the case may be) 27.

31E Sale or other disposal

(1) This section has effect for the purposes of sections 31A(8), 31B(6) and

2031C(6).

(2) If the Olympic Delivery Authority thinks that there is a realistic

prospect of selling the article or animal in question—

(a) it must take reasonable steps to sell it at the best price that can

reasonably be obtained, but

(b) 25if (having complied with paragraph (a)) it fails to sell it, it may

dispose of it as it thinks appropriate.

(3) If the Authority does not think that there is a realistic prospect of selling

the article or animal, it may dispose of it as it thinks appropriate.

(4) In a case within section 31A(4)(b) or 31B(4)(b), or in the circumstances

30mentioned in section 31C(2), (3) or (5), the proceeds of a sale under this

section must be applied towards the Authority’s costs of exercising

functions by virtue of section 19 or 25.

(5) In a case within section 31A(6)(c), the proceeds of a sale under this

section must—

(a) 35be applied in paying the amount of the costs referred to in

section 31A(6)(c) that are unpaid, and

(b) in so far as the proceeds exceed that amount, be given to the

owner of the article or animal.

(6) If, in a case within section 31A(6)(c), the Authority sells or otherwise

40disposes of the article or animal having failed to comply with

subsection (2)(a), the failure—

(a) is actionable against the Authority by any person suffering loss

in consequence of the sale or other disposal, but

(b) in the case of a sale, does not affect the validity of the sale.

(7) 45If the Authority, having undertaken such enquiries as it thinks

appropriate, fails to establish for the purposes of subsection (5)(b)

where the owner is, it may apply to a magistrates’ court for an order

under subsection (8).

(8) A magistrates’ court may, on an application under subsection (7), make

an order authorising the Authority to apply the excess of the proceeds

5of sale towards its costs of exercising functions by virtue of section 19

or 25.

(9) The court may make an order under subsection (8) only if it is satisfied

that the Authority has made reasonable efforts to establish where the

owner is.

(10) 10In considering whether to make an order under subsection (8), the court

must have regard in particular to—

(a) the amount of the excess of the proceeds of sale, and

(b) the likely financial or other effects of making the order.”

(9) In section 37 of that Act (Scotland), in subsection (11)—

(a) 15for “sections 22(5)(d) and 28(2)(d)” substitute “section 31A(6)(b)”,

(b) for “the references” substitute “the reference”, and

(c) for “are to be read as if they were references” substitute “is to be read as

if it were a reference”.

(10) After that subsection insert—

“(12) 20In sections 31A to 31E, the references to a magistrates’ court are to be

read as if they were references to the sheriff.”

(11) In section 38 of that Act (Northern Ireland), omit paragraph (g).

2 Regulations: Parliamentary procedure and public notice

(1) In section 20 of the London Olympic Games and Paralympic Games Act 2006

25(supplementary provision about advertising regulations), for subsection (2)

substitute—

“(2) Regulations under section 19 shall be made by statutory instrument.

(2A) The first regulations under that section may not be made unless a draft

has been laid before and approved by resolution of each House of

30Parliament.

(2B) Subsequent regulations under that section are subject to annulment in

pursuance of a resolution of either House of Parliament.”

(2) In section 23 of that Act (role of Olympic Delivery Authority in relation to

advertising regulations), in subsection (2), after “subsection (1)” insert “in

35relation to the first regulations made or expected to be made under that

section,”.

(3) In section 26 of that Act (supplementary provision about trading regulations),

for subsection (2) substitute—

“(2) Regulations under section 25 shall be made by statutory instrument.

(2A) 40The first regulations under that section may not be made unless a draft

has been laid before and approved by resolution of each House of

Parliament.

(2B) Subsequent regulations under that section are subject to annulment in

pursuance of a resolution of either House of Parliament.”

(4) In section 29 of that Act (role of Olympic Delivery Authority in relation to

trading regulations), in subsection (2), after “subsection (1)” insert “in relation

5to the first regulations made or expected to be made under that section,”.

Ticket touting

3 Increase of maximum fine

(1) In section 31(6) of the London Olympic Games and Paralympic Games Act

2006 (penalty for ticket touting offence), for “level 5 on the standard scale”

10substitute “£20,000”.

(2) Subsection (1) applies only where the offence under section 31(1) of that Act is

committed after the commencement of this section.

Traffic

4 Orders and notices relating to temporary prohibitions etc. on roads

(1) 15Section 14 of the London Olympic Games and Paralympic Games Act 2006 (the

title to which becomes “Traffic regulation orders and notices”) is amended as

follows.

(2) In subsection (2), after “an order” insert “under section 1, 6 or 9 of that Act”.

(3) After subsection (5) insert—

“(5A) 20For the purposes of subsections (1) and (4), so far as applying to the

power to make an order under section 14 of the Road Traffic Regulation

Act 1984, that section has effect as if in subsection (1)—

(a) after “prohibited” there were inserted “for either of the

purposes mentioned in section 14(2) of the London Olympic

25Games and Paralympic Games Act 2006”, and

(b) paragraphs (a) to (c) were omitted.”

(4) After subsection (5A) insert—

“(5B) A traffic authority may issue a notice under section 14 of the Road

Traffic Regulation Act 1984 in relation to any road.

(5C) 30For the purposes of subsection (5B), that section has effect as if in

subsection (2)—

(a) after “that it is” there were inserted “necessary or expedient for

either of the purposes mentioned in section 14(2) of the London

Olympic Games and Paralympic Games Act 2006”, and

(b) 35paragraphs (a) and (b) were omitted.”

(5) In subsection (6), for “that Act” substitute “the Road Traffic Regulation Act

1984”.

(6) At the end insert—

“(7) For the purposes of subsections (5A) and (5C), section 14 of that Act has

40effect as if, in subsection (7)(b), for the words “for either of the reasons

or for the purpose mentioned in subsection (1) above” there were

substituted “for either of the purposes mentioned in section 14(2) of the

London Olympic Games and Paralympic Games Act 2006”.”

5 Enforcement of traffic regulation orders and notices

(1) 5Section 15 of the London Olympic Games and Paralympic Games Act 2006 (the

title to which becomes “Traffic regulation orders and notices: enforcement”) is

amended as follows.

(2) In subsection (2), after “an order made by virtue of section 14(1) or (4)” insert “,

or of a notice issued by virtue of section 14(5B),”.

(3) 10After that subsection insert—

“(2A) The reference in subsection (2) to Schedule 7 to that Act is to be read as

a reference to that Schedule as it would have effect if, at the end of

paragraph 8(2), there were inserted “or a notice under section 14 of that

Act”.”

(4) 15For subsection (3) substitute—

“(3) In the application of Part 6 of that Act to a contravention of an order

made by virtue of section 14(1) or (4), or of a notice issued by virtue of

section 14(5B), Schedule 9 to that Act (levels of charges) shall have effect

as if for Parts 2 and 3 there were substituted the Parts 2 and 3 set out in

20section 15A.”

(5) In subsection (4), at the end insert “or of a notice issued by virtue of section

14(5B)”.

(6) After section 15 of that Act insert—

“15A Section 15: supplemental

25The Parts 2 and 3 of Schedule 9 to the Traffic Management Act 2004

referred to in section 15(3) are as follows—

“ Part 2 Charges applicable in Greater London

(1) It is the duty of the Olympic Delivery Authority (referred to in this

30Schedule as “the Authority”) to set the levels of charges applicable in

Greater London, so far as relating to—

(a) contraventions on or adjacent to roads, or

(b) parking places provided or authorised by the Authority,

Transport for London or the London local authorities.

(2) 35Different levels of charges may be set for different areas in Greater

London and for different cases or classes of case.

(3) Before setting the level of any charges, the Authority must consult—

(a) Transport for London, and

(b) the London local authorities.

(1) 40The Authority must submit to the Secretary of State for approval the

levels of charges that it proposes to set.

(2) If—

(a) the Authority fails to discharge its duty under paragraph 2,

or

(b) the Secretary of State does not approve the levels of charges

5proposed by the Authority,

the levels of charges must be set by the Secretary of State.

The Authority must publish, in such manner as the Secretary of State

may determine, the levels of charges set in accordance with this Part

of this Schedule.

10Part 3 Charges applicable outside Greater London

(1) It is the duty of the Authority to set the levels of charges applicable

outside Greater London.

(2) Different levels of charges may be set for different civil enforcement

15areas, for different parts of a civil enforcement area and for different

cases or classes of case.

(1) The Authority must submit to the Secretary of State for approval the

levels of charges that it proposes to set.

(2) If—

(a) 20the Authority fails to discharge its duty under paragraph 5,

or

(b) the Secretary of State does not approve the levels of charges

proposed by the Authority,

the levels of charges must be set by the Secretary of State.

25The Authority must publish, in such manner as the Secretary of State

may determine, the levels of charges set in accordance with this Part

of this Schedule.”.”

6 Road closures or restrictions

(1) Section 16 of the London Olympic Games and Paralympic Games Act 2006 (the

30title to which becomes “Road closures or restrictions”) is amended as follows.

(2) In subsection (1)(a), after ““a London Olympic event” insert “(within the

meaning of the London Olympic Games and Paralympic Games Act 2006)”.

(3) In subsection (2), for “a closure” substitute “an order made”.

(4) At the end insert—

“(3) 35Part 6 of the Traffic Management Act 2004 (civil enforcement) shall

apply in relation to a contravention of an order made under section 16A

as applied by this section as it applies in relation to the contraventions

specified in Schedule 7 to that Act.

(4) In the application of Part 6 of that Act to a contravention of an order

40made under section 16A as so applied, Schedule 9 to that Act (levels of

charges) shall have effect as if for Parts 2 and 3 there were substituted

the Parts 2 and 3 set out in section 15A.”