Birmingham Commonwealth Games Bill (HC Bill 8)

Birmingham Commonwealth Games BillPage 10

15 Exceptions to the advertising offence

(1) Section 13(1) does not apply in relation to anything done by the Organising
Committee.

(2) The Secretary of State may by regulations provide that section 13(1) does not
5apply in relation to—

(a) conduct of a specified description, including conduct carried out in a
specified place or in a place of a specified description;

(b) conduct of a specified person or description of person.

“Specified” means specified in the regulations.

(3) 10Before making regulations under subsection (2), the Secretary of State must
consult—

(a) the Organising Committee,

(b) the local authority for an area that includes any place where the
regulations would have effect, and

(c) 15any other persons whom the Secretary of State considers it appropriate
to consult.

(4) The requirement in subsection (3) may be satisfied by consultation undertaken
before the coming into force of this section.

Trading

16 20Trading offence

(1) It is an offence for a person—

(a) to carry out Games location trading (see subsection (2));

(b) to arrange for such trading to be carried out;

(c) to permit the carrying out of such trading.

(2) 25For the purposes of this section—

  • “Games location trading” means—

    (a)

    trading in a specified Games location at any time during a
    specified period, or

    (b)

    trading in a relevant public place in the vicinity of a Games
    30location at any time during a specified period;

  • “relevant public place” has the meaning given by subsection (8);

  • “specified” means specified in regulations made by the Secretary of State;

  • “trading” means—

    (a)

    selling an item, or offering or exposing an item for sale;

    (b)

    35providing a service, or offering to provide a service, for gain or
    reward;

    (c)

    providing public entertainment for gain or reward;

    (d)

    appealing for money or other property (whether for charitable
    or other purposes).

(3) 40Any period specified for the purposes of this section must—

(a) begin no earlier than the beginning of the period of 21 days ending
immediately before the day on which the Games begin, and

(b) end no later than the end of the period of 5 days beginning with the day
after the day on which the Games end.

Birmingham Commonwealth Games BillPage 11

(4) Regulations made by the Secretary of State may make provision as to when a
person is, or is not, to be treated for the purposes of this section as doing
something in, or in the vicinity of, a Games location.

(5) For the purposes of this section a person does not permit the carrying out of
5Games location trading if the person took all reasonable steps to prevent the
trading from occurring or (as the case may be) continuing.

(6) It is not a defence to an offence under this section that the act constituting the
offence was carried out in accordance with a licence (but see section 17).

(7) A person guilty of an offence under this section is liable on summary
10conviction to a fine.

(8) In this section “relevant public place” means—

(a) a highway,

(b) a building to which the public have access and which is designed or
generally used for the parking of motor vehicles, or

(c) 15any other place—

(i) to which the public have access (whether generally or only for
the purposes of trading), and

(ii) which is not in a building.

(9) This section is subject to—

(a) 20sections 17 and 18, and

(b) any regulations made under section 19(1).

(See also section 24(2).)

17 Authorised trading

(1) It is not an offence under section 16—

(a) 25to carry out Games location trading in accordance with an
authorisation granted by the Organising Committee, or

(b) to arrange for, or permit, such trading to be carried out in accordance
with such an authorisation.

(2) An authorisation granted under this section may—

(a) 30be granted in respect of a person or a description of persons;

(b) be granted by reference to the nature, purpose or circumstances of the
trading;

(c) be subject to conditions;

(d) be revoked.

(3) 35Conditions imposed under subsection (2)(c) may, for example—

(a) specify places where trading may, or may not, be carried out;

(b) specify periods during which trading may, or may not, be carried out;

(c) require steps to be taken for a particular purpose, including, for
example—

(i) 40protecting the safety of any person;

(ii) preventing or reducing congestion, litter or noise;

(d) require a person in respect of whom authorisation is granted to
produce evidence of the authorisation on request;

(e) be inconsistent with, or more onerous than, the conditions of any other
45trading licence (whether granted under this section or otherwise).

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(4) In considering whether or not to grant an authorisation under this section, the
Organising Committee may have regard to, among other things—

(a) any agreements entered into (whether by the Secretary of State or
otherwise) for the purposes of the Games;

(b) 5any existing trading licences (whether granted under this section or
otherwise).

(5) An authorisation granted under this section must be in writing.

18 Exceptions for certain kinds of trading

(1) Section 16(1) does not apply in relation to any activity falling within any of the
10Heads set out in—

(a) subsection (2) (premises adjoining a highway);

(b) subsection (3) (public facilities);

(c) subsection (5) (motor vehicles);

(d) subsection (6) (the Organising Committee).

(2) 15Head 1 is—

(a) selling an item, or offering or exposing an item for sale, to a person who
is in premises adjoining a highway;

(b) providing, or offering to provide, a service to such a person;

(c) providing a service that consists of doing something in relation to
20premises adjoining a highway (including, among other things,
delivering an item to such premises);

(d) appealing for money or other property from a person who is in
premises adjoining a highway.

(3) Head 2 is—

(a) 25providing a public lavatory;

(b) providing a permanent public call box;

(c) providing an automated teller machine.

(4) In subsection (3)(b) “public call box” has the same meaning as in Class A of Part
16 of Schedule 2 to the Town and Country Planning (General Permitted
30Development) (England) Order 2015 (S.I. 2015/596S.I. 2015/596).

(5) Head 3 is—

(a) providing motor vehicle parking services in a building, or on other
land, designed or generally used for the parking of motor vehicles;

(b) providing motor vehicle cleaning services on private land generally
35used for the provision of those services;

(c) selling a motor vehicle on private land generally used for the sale of
motor vehicles;

(d) providing motor vehicle breakdown or recovery services.

(6) Head 4 is anything done by the Organising Committee.

19 40Power to provide exceptions to the trading offence

(1) The Secretary of State may by regulations provide that section 16(1) does not
apply in relation to—

(a) conduct of a specified description, including conduct carried out in a
specified place or in a place of a specified description;

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(b) conduct of a specified person or description of person.

“Specified” means specified in the regulations.

(2) Before making regulations under subsection (1), the Secretary of State must
consult—

(a) 5the Organising Committee,

(b) the local authority for an area that includes any place where the
regulations would have effect, and

(c) any other persons whom the Secretary of State considers it appropriate
to consult.

(3) 10The requirement in subsection (2) may be satisfied by consultation undertaken
before the coming into force of this section.

Enforcement

20 Enforcement of offences under Part 3

(1) Section 10 (ticket touting offence) may be enforced by—

(a) 15a local weights and measures authority in Great Britain, or

(b) the Department for the Economy in Northern Ireland.

(2) But subsection (1) does not authorise a local weights and measures authority
in Scotland to bring proceedings for an offence under section 10.

(3) Sections 13 (advertising offence) and 16 (trading offence) may be enforced by a
20local weights and measures authority in England.

(4) For the investigatory powers available to a local weights and measures
authority and the Department for the Economy, see Schedule 5 to the
Consumer Rights Act 2015.

(5) In paragraph 10 of Schedule 5 to that Act (duties and powers to which Schedule
255 applies), insert at the appropriate place—

  • “section 20(1) and (3) of the Birmingham Commonwealth Games
    Act 2019;”.

(6) Schedule 2 contains further provision about the enforcement of offences under
this Part.

30Supplementary and general

21 Offences by directors, partners, etc

(1) Where an offence under this Part has been committed by a body corporate and
it is proved that the offence—

(a) has been committed with the consent or connivance of a person falling
35within subsection (2), or

(b) is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of that offence and is liable
to be proceeded against and punished accordingly.

(2) The persons are—

(a) 40a director, manager, secretary or other similar officer of the body;

Birmingham Commonwealth Games BillPage 14

(b) any person who was purporting to act in such a capacity.

(3) Where the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member, in connection with
that management, as if the member were a director of the body corporate.

(4) 5Where an offence under this Part has been committed by a Scottish partnership
and it is proved that the offence—

(a) has been committed with the consent or connivance of a partner in the
partnership or a person purporting to act as such a partner, or

(b) is attributable to any neglect on the part of such a person,

10that person (as well as the partnership) is guilty of that offence and is liable to
be proceeded against and punished accordingly.

(5) Where a body corporate or Scottish partnership commits an offence under
section 10 by virtue of section 11(1) or (2) (ticket touting outside the United
Kingdom), subsections (1) to (4) apply only in respect of a person who is a
15United Kingdom person.

“United Kingdom person” has the meaning given by section 11(6).

22 Existing restrictions to be unaffected

Nothing in this Part—

(a) authorises a person to do anything that is prohibited (whether in a
20particular place or generally) by or under any other enactment or rule
of law, or

(b) affects a requirement of any other enactment or rule of law that a
person hold a licence before engaging in a particular activity (whether
in a particular place or generally).

23 25Guidance and information

(1) The Organising Committee must publish guidance about the operation of the
advertising and trading provisions.

(2) In subsection (1) “the advertising and trading provisions” means—

(a) sections 13 to 19,

(b) 30the remaining provisions of this Part, so far as relating to those sections,
and

(c) any regulations made under any provision referred to in paragraph (a)
or (b).

(3) The Organising Committee may revise guidance published in accordance with
35subsection (1).

(4) Every local authority must—

(a) provide a copy of any guidance published in accordance with
subsection (1) to each relevant trader in the authority’s area who the
authority consider may be affected by section 16 (the trading offence),
40and

(b) provide each such relevant trader with whatever information the
authority consider appropriate for the purpose of assisting the relevant
trader to mitigate the effect of that section.

(5) In subsection (4) “relevant trader”, in relation to a local authority, means—

Birmingham Commonwealth Games BillPage 15

(a) a person who holds a trading licence granted by the authority, or

(b) a person—

(i) who has applied to the authority for such a licence, and

(ii) whose application has not been determined or withdrawn.

24 5Interpretation of Part 3

(1) In this Part—

  • “advertising” means anything done wholly or partly for the purpose of
    promoting a product, service or business to the public or a section of the
    public;

  • 10“advertising licence” means a licence permitting the carrying out of
    advertising;

  • “business” includes trade or profession;

  • “enactment” includes an Act of the Scottish Parliament;

  • “Games event” has the meaning given by section 1(3);

  • 15“Games location” means a place in England which—

    (a)

    is, or is to be, used for a Games event, or

    (b)

    is otherwise used, or to be used, in connection with the Games
    (whether before, during or after the Games);

  • “Games location advertising” is to be read in accordance with section
    2013(2);

  • “Games location trading” has the meaning given by section 16(2);

  • “item” includes—

    (a)

    any substance;

    (b)

    any animal or plant;

  • 25“licence” includes any kind of consent, certificate, permission or authority
    (by whatever name) granted by a landowner, local authority or other
    person in accordance with any enactment, Charter or other document;

  • “local authority” means—

    (a)

    a county council,

    (b)

    30a district council,

    (c)

    a London borough council, or

    (d)

    the Common Council of the City of London;

  • “motor vehicle” has the same meaning as in the Road Traffic Act 1988 (see
    section 185(1) of that Act);

  • 35“relevant public place” has the meaning given by section 16(8);

  • “trading” has the meaning given by section 16(2);

  • “trading licence” means a licence permitting the carrying out of trading.

(2) In determining whether a person is trading for the purposes of section 16—

(a) it is not necessary for both of the following conditions to be met—

(i) 40that the making of an offer, or the exposure of an item for sale,
occurs in a relevant public place;

(ii) that any person to whom the offer is made or item exposed is in
a relevant public place when the offer is made or item exposed;

(b) a person is to be treated as doing something for gain or reward whether
45it is done for the person’s own gain or reward or for that of another
person.

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Part 4 Transport

25 Games transport plan

(1) The Secretary of State may direct a local authority in England or a combined
5authority to prepare a Games transport plan.

(2) A “Games transport plan” means a plan that relates to one or more areas in
England and addresses transport matters relating to the Games.

(3) An authority directed under subsection (1) must—

(a) comply with the direction;

(b) 10keep the Games transport plan under review;

(c) if the authority consider it appropriate, revise the plan;

(d) except in so far as the authority consider it undesirable for reasons of
security, publish the plan and any revision.

(4) Before preparing or revising the plan, the authority directed under subsection
15(1) must consult the persons referred to in subsection (5).

(5) The persons are—

(a) the Secretary of State;

(b) the Organising Committee;

(c) in relation to any road likely to be affected by the plan or revision—

(i) 20the local traffic authority for the road, and

(ii) if different, the local authority in whose area the road is
situated;

(d) any chief officer of police whom the authority directed under
subsection (1) consider it appropriate to consult;

(e) 25any transport operator which the authority directed under subsection
(1) consider it appropriate to consult;

(f) any other person whom the Secretary of State or the authority directed
under subsection (1) consider it appropriate to consult.

(6) Each local traffic authority for a road affected by the plan must exercise their
30functions with a view to securing the implementation of the plan.

(7) The requirement in subsection (4) may be satisfied by consultation undertaken
before the coming into force of this section.

(8) A direction under subsection (1)—

(a) must be in writing, and

(b) 35may be revoked.

26 Temporary prohibition or restriction on roads

(1) Section 14 of the RTRA 1984 has effect in relation to a traffic authority for a road
in England as if subsection (1)(c) of that section included the following
purposes—

(a) 40implementing a Games transport plan,

(b) facilitating transport services in connection with the Games, and

(c) facilitating travel by any person for a purpose connected to the Games.

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(2) The following do not apply in relation to an order made or notice issued by
virtue of this section—

(a) section 15 of the RTRA 1984;

(b) regulations 6 and 8(3) of the Road Traffic (Temporary Restrictions)
5Procedure Regulations 1992 (S.I. 1992/1215S.I. 1992/1215).

(3) An order made or notice issued by virtue of this section may not come into
force before the beginning of the period of 21 days ending immediately before
the day on which the Games begin.

(4) An order made by virtue of this section must cease to have effect no later than
10the end of the period of 5 days beginning with the day after the day on which
the Games end.

(5) A notice issued by virtue of this section must cease to have effect no later
than—

(a) the end of the period of 21 days beginning with the day after the day on
15which the notice comes into force, or

(b) the end of the period of 5 days beginning with the day after the day on
which the Games end,

whichever is earlier.

27 Concurrent exercise of powers of a local traffic authority

(1) 20An authority directed under section 25(1) may make an order or issue a notice
by virtue of section 26 as if the authority were the local traffic authority for the
road in respect of which the order is made or notice issued.

Accordingly, any such order made or notice issued by an authority directed
under section 25(1) is to be treated as though it were an order made or notice
25issued by the local traffic authority.

(2) Subsection (1) applies in respect of a road only if the local traffic authority for
the road are specified in regulations made by the Secretary of State.

(3) The Secretary of State may specify a local traffic authority under subsection (2)
only with the authority’s consent.

(4) 30An authority directed under section 25(1) may make an order or issue a notice
in respect of a road by virtue of section 26 only with the consent of the local
traffic authority for the road.

(5) The duty in section 122 of the RTRA 1984 applies to a local traffic authority as
though the consenting function conferred on the local traffic authority by
35subsection (4) were conferred by the RTRA 1984.

28 Power to direct a local traffic authority

(1) The Secretary of State may direct a local traffic authority to make an order or
issue a notice by virtue of section 26 if—

(a) the Secretary of State is satisfied that the making of the order, or issue
40of the notice, is necessary for a purpose specified in section 26(1),

(b) the Secretary of State has requested that the authority take the action to
be directed, and

(c) the authority have failed to take the action before the end of the period
of 7 days beginning with the day on which the Secretary of State made
45the request.

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(2) Before making a request under subsection (1)(b), the Secretary of State must
consult—

(a) the local traffic authority to which the request would be made,

(b) if different, an authority directed under section 25(1),

(c) 5the Organising Committee, and

(d) any other person whom the Secretary of State considers it appropriate
to consult.

(3) Subsections (1)(b) and (c) and (2) do not apply if the Secretary of State is
satisfied that, for reasons of urgency, the direction must be given without
10delay.

(4) If the local traffic authority do not comply with the direction before the end of
the period specified in the direction, the Secretary of State may—

(a) make the order or issue the notice in place of the authority, and

(b) recover from the authority any expenses incurred by the Secretary of
15State in connection with the making of the order or the issuing of the
notice as if they were a debt.

(5) An order made or notice issued by the Secretary of State under subsection
(4)(a) is to be treated as though it were an order made or notice issued by the
local traffic authority by virtue of section 26.

(6) 20An authority directed under section 25(1) may not be directed under this
section to exercise any power conferred on that authority by section 27(1).

(7) A direction under subsection (1)—

(a) must be in writing, and

(b) may be revoked.

29 25Interpretation of Part 4

In this Part—

  • “chief officer of police” means—

    (a)

    the chief constable of a police force maintained under section 2
    of the Police Act 1996;

    (b)

    30the Commissioner of Police of the Metropolis;

    (c)

    the Commissioner of Police for the City of London;

    (d)

    the Chief Constable of the British Transport Police Force;

  • “combined authority” means a combined authority established under
    section 103 of the Local Democracy, Economic Development and
    35Construction Act 2009;

  • “Games transport plan” has the meaning given by section 25(2);

  • “local authority” means—

    (a)

    a county council,

    (b)

    a district council,

    (c)

    40a London borough council, or

    (d)

    the Common Council of the City of London;

  • “local traffic authority” has the meaning given by section 121A of the
    RTRA 1984;

  • “road” means any length of highway or of any other road to which the
    45public has access, and includes bridges over which a road passes;

  • “the RTRA 1984” means the Road Traffic Regulation Act 1984;

  • Birmingham Commonwealth Games BillPage 19

  • “traffic authority” has the meaning given by section 121A of the RTRA
    1984.

Part 5 Final provisions

30 5Power to make transitional provision and savings

The Secretary of State may by regulations make such transitional provision or
savings as the Secretary of State considers necessary or expedient in
consequence of any provision of this Act.

31 Regulations

(1) 10Any power to make regulations under this Act is exercisable by statutory
instrument.

(2) Regulations under this Act may—

(a) make different provision for different purposes or in relation to
different areas, and

(b) 15contain incidental, supplemental, consequential or transitional
provision or savings.

(3) A statutory instrument containing regulations under paragraph 16 of Schedule
2 (whether alone or with other provision) may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each House of
20Parliament.

(4) Any other statutory instrument containing regulations under this Act is subject
to annulment in pursuance of a resolution of either House of Parliament.

32 Extent

(1) The following provisions of this Act extend to England and Wales only—

(a) 25in Part 3, sections 13 to 19, 20(3) and 23;

(b) Part 4.

(2) The remaining provisions of this Act extend to England and Wales, Scotland
and Northern Ireland.

33 Commencement and duration

(1) 30The following provisions of this Act come into force on the day on which this
Act is passed—

(a) section 1;

(b) section 8;

(c) this Part;

(d) 35any power to make regulations under this Act.

(2)
The remaining provisions of this Act come into force at the end of the period of
2 months beginning with the day on which this Act is passed.

(3) Sections 3(1) to (3) and (6)(a), 4 and 5 cease to have effect on 1 January 2023.