House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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923

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Thursday 8 September 2011

Report Stage Proceedings

London Olympic Games and Paralympic Games (Amendment) Bill

new clauseS

Goods vehicle operator licences

Secretary Jeremy Hunt

Added  NC1

To move the following Clause:—

After section 16D of the London Olympic Games and Paralympic Games Act

2006, insert—

“16E
Goods vehicle operator licences: waiver of procedural requirements

(1)
This section applies in a case where, on an application to vary an

operator’s licence under section 17 of the Goods Vehicles (Licensing of

Operators) Act 1995 (“the 1995 Act”), a traffic commissioner is satisfied

that—

(a)
the variation applied for has a connection with the London

Olympics,

(b)
there would not, but for this section, be sufficient time to dispose

of the application before the beginning of the London Olympics

period, and

(c)
the circumstances in which the application is being made are

such that, but for this section, it could not have been made in

sufficient time to be disposed of before the beginning of that

period.

(2)
The traffic commissioner may direct—

(a)
that subsection (3) is to apply in relation to the application, and

(b)
if the traffic commissioner proposes to hold an inquiry under

section 35 of the 1995 Act in relation to the application, that

subsection (4) is to apply in relation to the inquiry.

(3)
If the traffic commissioner gives the direction under subsection (2)(a),

the following provisions of the 1995 Act do not apply in relation to the

application—

(a)
section 17(3) (publication of notice by traffic commissioner);

(b)
section 18 (publication of notice by operator).

Report Stage Proceedings: 8 September 2011
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London Olympic Games and Paralympic Games (Amendment) Bill, continued

(4)
If the traffic commissioner gives the direction under subsection (2)(b),

Schedule 4 to the Goods Vehicles (Licensing of Operators) Regulations

1995 (S.I. 1995/2869), in its application to the inquiry, has effect as if for

sub-paragraph (3) of paragraph 1 there were substituted—

“(3)
The traffic commissioner may abridge the periods referred to in

sub-paragraphs (1) and (2).”

(5)
Section 23 of the 1995 Act (conditions as to use of operating centres)

applies in relation to the licence as if the application were an application

of which notice has been published under section 17(3) of that Act.

(6)
Such variations as are made to the licence on the application, including

by the attachment of conditions under section 21 or 23 of the 1995 Act

(road safety and operating centres), have effect only during the London

Olympics period.

(7)
Subsection (3)(a) does not affect the liability incurred in respect of the

application under regulation 3 of the Goods Vehicles (Licensing of

Operators) (Fees) Regulations 1995 (S.I. 1995/3000) (which requires

payment of a fee on an application for variation for which publication is

required by section 17(3) of the 1995 Act).

(8)
The power to give a direction under subsection (2) includes power to vary

or revoke the direction.

(9)
In exercising functions under this section, the traffic commissioner must

act under the general directions of, and have regard to guidance given by,

the senior traffic commissioner.

(10)
In this section, “operator’s licence” has the same meaning as in the 1995

Act (see section 2(1) of that Act).”’.

Operation of Olympic Route Network

Tessa Jowell

Withdrawn  NC2

To move the following Clause:—

‘(1)
Section 11 of the London Olympic Games and Paralympic Games Act 2006 is

amended as follows.

(2)
In subsection (4) in paragraph (a) leave out from “unless” to end of paragraph and

insert—

“the following have been consulted—

(i)
the highway authority, traffic authority or street

authority with responsibility for each road designated in

the order, and

(ii)
members of the public living in the Greater London

Authority area and in the local authority areas through

which roads designated in the order run,”.

(3)
In subsection (4) after paragraph (a) insert—

“(aa)
may not be made unless the consultation under paragraph (a)

considered—

Report Stage Proceedings: 8 September 2011
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London Olympic Games and Paralympic Games (Amendment) Bill, continued

(i)
proposals for the minimisation of disruption to the

general public due to the operation of the Olympic Route

Network,

(ii)
proposals for informing members of the public in

relation to the proposed Olympic Route Network and its

likely impact on local and regional traffic,

(iii)
proposals for maintaining road safety and preventing

accidents which might result from operation of the

Olympic Route Network,

(iv)
proposals for allowing taxis licensed under section 37 of

the Town Police Clauses Act 1847, section 6 of the

Metropolitan Public Carriage Act 1869 or under any

similar enactment to use the Olympic Route Network in

appropriate circumstances, and

(v)
proposals for ensuring that the Olympic Route Network

and related restrictions should be in operation for the

shortest time possible in order to achieve the purposes

set out in subsections (1) and (2).”’.

Police resources

Tessa Jowell

Withdrawn  NC3

To move the following Clause:—

‘(1)
Section 6 of the London Olympic Games and Paralympic Games Act 2006 is

amended as follows.

(2)
After subsection (2) insert—

“(3)
Any consultation under subsection (2) shall include a request from the

Authority that the Commissioner or relevant chief constable provide an

estimate of the number of police officers required to be deployed in order

that the Olympic Delivery Authority may effectively exercise its duties

under subsection (1).”’.

Secretary Jeremy Hunt

Agreed to  1

Page  1,  line  2  [Clause  1],  at end insert—

‘( )
In section 21 of the London Olympic Games and Paralympic Games Act 2006

(offence of contravening advertising regulations), omit subsection (4).’.

Secretary Jeremy Hunt

Agreed to  2

Page  6,  line  15  [Clause  1],  leave out subsections (9) and (10) and insert—

Report Stage Proceedings: 8 September 2011
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London Olympic Games and Paralympic Games (Amendment) Bill, continued

‘(9)
In section 37 of that Act (Scotland), omit—

(a)
subsection (6), and

(b)
subsection (11).

(10)
At the end of that section insert—

“(12)
In section 22, subsection (6) has effect as if there were substituted for it—

  “(6)
An article that is held by a constable (having been removed by or

delivered to the constable) shall be returned when retention is no

longer justified by a matter specified in subsection (5)(a) to (c),

unless—

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

usable for trade, or

(b)
the court orders the article to be forfeited under Part 2 of the

Proceeds of Crime (Scotland) Act 1995.

    (6A)
Subject to subsection (6), the article shall be treated as if acquired by

the constable in the course of the investigation of an offence.

    (6B)
An article that is held by an enforcement officer (having been removed

by or delivered to the officer) shall be dealt with in accordance with

sections 31A to 31E.”

(13)
In section 28, subsection (4) has effect as if there were substituted for it—

  “(4)
An article that is held by a constable (having been removed by or

delivered to the constable) shall be returned when retention is no

longer justified by a matter specified in subsection (2)(a) to (c),

unless—

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

usable for trade, or

(b)
the court orders the article to be forfeited under Part 2 of the

Proceeds of Crime (Scotland) Act 1995.

    (4A)
Subject to subsection (4), the article shall be treated as if acquired by

the constable in the course of the investigation of an offence.

    (4B)
An article that is held by an enforcement officer (having been removed

by or delivered to the officer) shall be dealt with in accordance with

sections 31A to 31E.”

(14)
In sections 31A, 31B and 31D, the references to a magistrates’ court are

to be read as if they were references to the sheriff.

(15)
Section 31A has effect as if—

(a)
in subsection (4), “before the end of the relevant period” and “at

the end of that period” were omitted,

(b)
in subsections (5) and (6), “before the end of the relevant period”

were omitted,

(c)
in subsection (6), in paragraph (b), for “section 143 of the Powers

of Criminal Courts (Sentencing) Act 2000” there were

substituted “Part 2 of the Proceeds of Crime (Scotland) Act

1995”,

(d)
in that subsection, paragraph (c) were omitted,

(e)
in subsection (8), “or (6)(c)” were omitted, and

(f)
subsection (10) were omitted.

Report Stage Proceedings: 8 September 2011
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London Olympic Games and Paralympic Games (Amendment) Bill, continued

(16)
Section 31E has effect as if subsections (5) to (10) were omitted.”’.

Secretary Jeremy Hunt

Agreed to  3

Page  14,  line  34  [Clause  9],  leave out ‘8’ and insert ‘[Goods vehicle operator

licences]’.

Secretary Jeremy Hunt

Agreed to  4

Page  15,  line  1  [Clause  9],  leave out ‘and 2’ and insert ‘, 2 and [Goods vehicle

operator licences]’.

Bill read the third time, and passed.



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