Birmingham Commonwealth Games Bill [HL] (HC Bill 115)

A

BILL

[AS AMENDED IN PUBLIC BILL COMMITTEE]

TO

Make provision about the Commonwealth Games that are to be held
principally in Birmingham in 2022; and for connected purposes.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Organising Committee

1 Financial assistance

(1) The Secretary of State may provide financial assistance to the Organising
5Committee—

(a) for the purpose of delivering the Games, or

(b) for any other purpose connected to, or arising from, the Games.

(2) Financial assistance under subsection (1)—

(a) may take the form of grants, loans, guarantees or indemnities, and

(b) 10may be given subject to conditions (which may include conditions
about repayment with or without interest).

(3) In this Act—

  • the “Games” are the Commonwealth Games that are to be held principally
    in Birmingham in 2022;

  • 15“Games event” means—

    (a)

    an event forming part of the Games (whether or not a sporting
    event), or

    (b)

    any other event arranged by, or on behalf of, the Organising
    Committee;

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  • the “Organising Committee” is the organising committee formed as the
    private company limited by guarantee registered as “Birmingham
    Organising Committee for the 2022 Commonwealth Games Ltd”.

2 Annual reporting

(1) 5As soon as is reasonably practicable after the end of each reporting period, the
Organising Committee must send to the Secretary of State a report on the
exercise of the Organising Committee’s functions during the period.

(2) The report must include—

(a) an assessment of the Organising Committee’s progress towards
10delivery of the Games;

(b) details of what the Organising Committee has done to ensure that its
delivery of the Games promotes the values of the Commonwealth
Games Federation;

(c) details of what the Organising Committee has done to ensure that
15Games events are accessible to disabled people;

(d) details of what the Organising Committee has done to promote
sustainability in its delivery of the Games;

(e) details of what the Organising Committee has done to maximise the
benefits to be derived from the Games.

(3) 20The reference in subsection (2) (b) to the values of the Commonwealth Games
Federation is a reference to the values expressed in the constitution of the
Commonwealth Games Federation, as amended from time to time.

(4) The Secretary of State must lay before Parliament a copy of each report
received by the Secretary of State under this section.

(5) 25In this section “reporting period” means—

(a) the period beginning with the day on which this section comes into
force and ending with 31 March 2021,

(b) the period beginning with 1 April 2021 and ending with 31 March 2022,
and

(c) 30the period beginning with 1 April 2022 and ending with 31 December
2022.

Part 2 Association with the Games

3 Unauthorised association with the Games

(1) 35A person acting in the course of a business may not use any representation (of
any kind) in a manner likely to suggest to the public that there is an association
between the Games and—

(a) goods or services, or

(b) a person providing goods or services.

(2) 40The following are examples of an association between the Games and a person
providing goods or services—

(a) a contractual relationship;

(b) a commercial relationship;

Birmingham Commonwealth Games Bill [HL] Page 3

(c) a corporate or structural connection;

(d) the provision of financial or other assistance.

(3) “Use” of a representation includes, among other things—

(a) applying a representation to goods or documents;

(b) 5selling, offering, or exposing for sale goods that bear a representation;

(c) importing or exporting goods that bear a representation;

(d) providing or offering services by reference to a representation;

(e) promoting goods or services by reference to a representation.

(4) A breach of subsection (1) is to be treated as though it were an infringement of
10an exclusive right of the Organising Committee to use any representation (of
any kind) in the manner described in that subsection.

(5) In an action for breach of subsection (1), the court may grant any relief that is
available in respect of the infringement of a property right (whether by way of
damages, injunction, accounts or otherwise).

(6) 15In subsection (5) , “court” means—

(a) in England and Wales, the High Court,

(b) in Scotland, the Court of Session or the sheriff, and

(c) in Northern Ireland, the High Court or the county court.

(7) Subsection (1) is—

(a) 20subject to sections 4 and 5 (authorised association and other
exceptions), and

(b) enforceable only by the Organising Committee in accordance with
subsections (4) and (5) and sections 6 and 7 .

4 Authorised association

(1) 25Section 3 (1) is not breached by the use of a representation in accordance with
an authorisation granted by the Organising Committee.

(2) An authorisation granted under this section may—

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

(b) be granted in respect of a description of representation;

(c) 30be subject to conditions;

(d) be revoked.

(3) In considering whether or not to grant an authorisation under this section, the
Organising Committee may have regard to, among other things, any
agreements entered into (whether by the Secretary of State or otherwise) for the
35purposes of the Games.

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

5 Exceptions to the prohibition on unauthorised association

Intellectual property rights

(1) Section 3 (1) is not breached by—

(a) 40the use of a trade mark registered under the Trade Marks Act 1994 for
goods or services for which it is registered;

(b) the use of a design registered under the Registered Designs Act 1949;

Birmingham Commonwealth Games Bill [HL] Page 4

(c) the exercise of another intellectual property right subsisting
immediately before the day on which this Act is passed.

Continuous use

(2) Section 3 (1) is not breached by the use of a representation in any manner by a
5person acting in the course of a business if—

(a) immediately before 21 December 2017, the representation was used in
that manner for the purpose of activities constituting the business, and

(b) the representation has continued to be used in that manner for that
purpose since that day.

10 Fair use

(3) Section 3 (1) is not breached by—

(a) the use by a person of the person’s name or address,

(b) the use of indications concerning—

(i) the kind, quality, quantity, intended purpose, value or
15geographical origin, or any other characteristic, of goods or
services, or

(ii) the time of production of goods or of the provision of services,
or

(c) the use of a representation for the purpose of identifying or referring to
20goods or services as those of a person authorised under section 4 ,

provided, in each case, that the use is in accordance with honest practices in
industrial or commercial matters.

(4) Section 3 (1) is not breached by the use of a representation—

(a) in a report of a Games event,

(b) 25for the purpose of sharing information about the Games,

(c) for the purpose of promoting—

(i) such a report, or

(ii) the sharing of such information, or

(d) as an incidental inclusion in a literary work, dramatic work, artistic
30work, sound recording, film or broadcast.

(5) Any reference in subsection (4) to a report of a Games event or the sharing of
information about the Games does not include a reference to material that is
published or broadcast for the purpose of promoting something other than the
Games.

(6) 35Terms used in subsections (4)(d) and (5) and in Part 1 of the Copyright, Designs
and Patents Act 1988 have the same meaning in those provisions as they have
in that Part.

Dealings in authorised goods

(7) Section 3 (1) is not breached by the use of a representation in relation to goods
40(the “current use”) if—

(a) the goods bear the representation,

(b) they were put on the market in accordance with an authorisation
granted by the Organising Committee under section 4 , and

(c) the current use is in accordance with that authorisation.

45 Organising Committee

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(8) Section 3 (1) is not breached by the use of a representation by the Organising
Committee.

Information society services

(9) Schedule 1 contains exceptions relevant to providers of information society
5services.

6 Enforcement of section 3 (1) in relation to goods and documents

(1) A court may make any order falling within subsection (3) in respect of
infringing goods or documents held by any person in the course of a business.

(2) “Infringing goods or documents” means—

(a) 10goods or documents that bear a representation in breach of section 3 (1) ,
or

(b) things that have been specifically designed or adapted to produce such
goods or documents.

(3) The orders falling within this subsection are—

(a) 15an order that the infringing goods or documents be delivered up to—

(i) the Organising Committee, or

(ii) such other person as the court may direct;

(b) an order that the representation be erased, removed or obliterated from
the infringing goods or documents;

(c) 20an order that the infringing goods or documents be returned to—

(i) the person from whom they were delivered up, or

(ii) any other person having an interest in them;

(d) an order that the infringing goods or documents be forfeited to—

(i) the Organising Committee, or

(ii) 25such other person as the court may direct;

(e) an order that the infringing goods or documents be destroyed.

(4) No order for forfeiture or destruction may be made unless the court is satisfied
that no other remedy available would be adequate to compensate the
Organising Committee or protect its interests.

(5) 30In this section, “court” has the meaning given by section 3 (6) .

7 Protections for persons with an interest in goods or documents

(1) If the Organising Committee applies for an order under section 6

(a) a copy of the application must be served on all identifiable persons
having an interest in the infringing goods or documents;

(b) 35any person having an interest in the infringing goods or documents is
entitled—

(i) to appear in proceedings under section 6 relating to the
infringing goods or documents, and

(ii) to appeal against any order made in respect of the infringing
40goods or documents (whether or not the person appeared in the
proceedings in which the order was made).

(2) No order for destruction or forfeiture under section 6 may take effect until—

(a) the end of the period during which notice of an appeal may be given, or

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(b) if before the end of that period notice of an appeal is given, the final
determination or abandonment of the appeal.

8 Guidance

(1) The Organising Committee must, before the end of the period of 31 days
5beginning with the day on which this Act is passed, publish guidance about the
operation of this Part.

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

9 Interpretation of Part 2

(1) 10In this Part—

  • “business” includes trade or profession;

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

  • “goods” includes their packaging;

  • “infringing goods or documents” has the meaning given by section 6 (2) ;

  • 15“use”, in relation to a representation, is to be read in accordance with
    section 3 (3) .

(2) In the application of this Part to Scotland—

(a) “accounts” means count, reckoning and payment;

(b) “delivery up” means delivery;

(c) 20“injunction” means interdict.

Part 3 Touting, advertising and trading offences

Touting

10 Ticket touting offence

(1) 25It is an offence to tout a Games ticket.

(2) A person touts a Games ticket if the person—

(a) carries out an activity falling within subsection (3)

(i) in a public place,

(ii) in the course of a business, or

(iii) 30with a view to any person making a profit, and

(b) does so otherwise than in accordance with an authorisation granted by
the Organising Committee.

(3) The following activities fall within this subsection—

(a) selling a Games ticket;

(b) 35offering to sell a Games ticket;

(c) exposing a Games ticket for sale;

(d) advertising that a Games ticket is available for purchase (but see
subsection (4) ).

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(4) It is not an offence for a person (“A”) to advertise that a Games ticket is
available for purchase from another person (“B”) unless A knows, or ought to
know, that B is touting a Games ticket.

(5) In this section, a reference to the sale of a Games ticket includes a reference to
5the giving of a Games ticket to a person who pays, or agrees to pay, for other
goods or services; and a reference to “advertising that a Games ticket is
available for purchase” is to be read accordingly.

(6) A “Games ticket” is anything that is or purports to be a ticket to a Games event.

(7) The Organising Committee cannot commit an offence under this section.

(8) 10A person guilty of an offence under this section is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or Northern Ireland, to a fine not
exceeding £50,000.

(9) Any penalty imposed by a court in Scotland on a body corporate or Scottish
15partnership on conviction of an offence under this section is to be recoverable
by civil diligence in accordance with section 221 of the Criminal Procedure
(Scotland) Act 1995.

(10) This section and section 11 (ticket touting outside the United Kingdom) are
subject to Schedule 2 (providers of information society services).

11 20Ticket touting outside the United Kingdom

(1) If a United Kingdom person does something outside the United Kingdom that,
if done in the United Kingdom, would constitute an offence under section 10 ,
the person commits an offence under that section.

(2) A service provider that is not a United Kingdom person but is established in
25the United Kingdom commits an offence under section 10 if—

(a) the service provider does something in an EEA state other than the
United Kingdom in the course of providing information society
services, and

(b) the action, if done in the United Kingdom, would constitute an offence
30under that section.

(3) Proceedings for an offence committed under section 10 by virtue of this section
may be taken, and the offence may for incidental purposes be treated as having
been committed, in any place in the United Kingdom.

(4) In the application of subsection (3) to Scotland, proceedings against a person
35may be taken—

(a) in the sheriff court district in which the person is apprehended or in
custody, or

(b) in such sheriff court district as the Lord Advocate may determine.

(5) See paragraph 1 of Schedule 2 for restrictions on the institution of proceedings
40against service providers established in an EEA state other than the United
Kingdom.

(6) In this section—

  • “established”, in relation to a service provider, is to be read in accordance
    with paragraph 6 of Schedule 2 ;

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  • “information society services” has the meaning given by paragraph 5 of
    Schedule 2 ;

  • “service provider” has the meaning given by paragraph 5 of Schedule 2 ;

  • “sheriff court district” is to be read in accordance with the Criminal
    5Procedure (Scotland) Act 1995 (see section 307(1) of that Act);

  • “United Kingdom national” means—

    (a)

    a British citizen, a British overseas territories citizen, a British
    National (Overseas) or a British Overseas citizen;

    (b)

    a person who is a British subject under the British Nationality
    10Act 1981;

    (c)

    a British protected person within the meaning of that Act;

  • “United Kingdom person” means—

    (a)

    a United Kingdom national;

    (b)

    an individual habitually resident in the United Kingdom;

    (c)

    15a body incorporated under the law of a part of the United
    Kingdom;

    (d)

    a Scottish partnership.

12 Other provision about authorisations under section 10

(1) An authorisation granted by the Organising Committee under section 10
20may—

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

(b) be subject to conditions;

(c) be revoked.

(2) In considering whether or not to grant an authorisation under section 10 , the
25Organising Committee may have regard to, among other things, any
agreements entered into (whether by the Secretary of State or otherwise) for the
purposes of the Games.

(3) An authorisation granted under section 10 must be in writing.

Advertising

13 30Advertising offence

(1) It is an offence for a person—

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

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

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

(2) 35For the purposes of this section a person carries out “Games location
advertising” if—

(a) the person does something in, or in the vicinity of, a specified Games
location at any time during a specified period, and

(b) the thing is done wholly or partly for the purpose of promoting a
40product, service or business specifically to members of the public—

(i) who are in, or in the vicinity of, the Games location, or

(ii) who are watching or listening to a broadcast of a Games event.

“Specified” means specified in regulations made by the Secretary of State.

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(3) Any 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
5after the day on which the Games end.

(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, or as being, 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
10Games location advertising if the person took all reasonable steps to prevent
the advertising 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 14 ).

(7) A person guilty of an offence under this section is liable on summary
15conviction to a fine.

(8) This section is subject to—

(a) sections 14 and 15 (1), and

(b) any regulations made under section 15 (2).

14 Authorised advertising

(1) 20It is not an offence under section 13

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

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

(2) 25An authorisation granted under this section may—

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

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

(c) be subject to conditions;

(d) 30be revoked.

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

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

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

(c) 35require steps to be taken for a particular purpose, including, for
example—

(i) protecting 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
40produce evidence of the authorisation on request;

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

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