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

  • 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;

  • 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”.

  • “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) .

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

  • “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.

Birmingham Commonwealth Games Bill [HL]Page 10

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

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

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

(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
10apply 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) 15Before 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) 20any 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.

(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) 30For the purposes of this section—

(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
5immediately 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.

(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
10something 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
Games 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
15offence 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
conviction to a fine.

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

(a) a highway,

(b) 20a building to which the public have access and which is designed or
generally used for the parking of motor vehicles, or

(c) any other place—

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

(ii) 25which is not in a building.

(9) This section is subject to—

(a) sections 17 and 18 , and

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

(See also section 24(2).)

(1) It is not an offence under section 16

(a) to 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
35with such an authorisation.

(2) An 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
trading;

(c) 40be subject to conditions;

(d) be revoked.

(3) Conditions 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) protecting the safety of any person;

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

(d) 5require 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
trading licence (whether granted under this section or otherwise).

(4) In considering whether or not to grant an authorisation under this section, the
10Organising 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) any existing trading licences (whether granted under this section or
otherwise).

(5) 15An authorisation granted under this section must be in writing.

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

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

(b) 20subsection (3) (public facilities);

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

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

(2) Head 1 is—

(a) selling an item, or offering or exposing an item for sale, to a person who
25is 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
premises adjoining a highway (including, among other things,
delivering an item to such premises);

(d) 30appealing for money or other property from a person who is in
premises adjoining a highway.

(3) Head 2 is—

(a) providing a public lavatory;

(b) providing a permanent public call box;

(c) 35providing 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
Development) (England) Order 2015 ( S.I. 2015/596).

(5) Head 3 is—

(a) 40providing 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
used for the provision of those services;

(c) selling a motor vehicle on private land generally used for the sale of
45motor vehicles;

(d) providing motor vehicle breakdown or recovery services.

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

(1) The Secretary of State may by regulations provide that section 16 (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.

(2) 10Before making regulations under subsection (1), 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.

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

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

(a) a 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
25in Scotland to bring proceedings for an offence under section 10 .

(3) Sections 13 (advertising offence) and 16 (trading offence) may be enforced by a
local 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
30Consumer Rights Act 2015.

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

(6) 35Schedule 3 contains further provision about the enforcement of offences under
this Part.

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

(a) 5has been committed with the consent or connivance of a person falling
within 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) 10The persons are—

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

(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
15that management, as if the member were a director of the body corporate.

(4) Where 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) 20is attributable to any neglect on the part of such a person,

that 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
25Kingdom), subsections (1) to (4) apply only in respect of a person who is a
United Kingdom person.

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

Nothing in this Part—

(a) 30authorises a person to do anything that is prohibited (whether in a
particular 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
35in a particular place or generally).

(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) 40sections 13 to 19 ,

(b) the 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
subsection (1) .

(4) 5Every 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),
and

(b) 10provide 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—

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

(b) 15a person—

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

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

(1) In this Part—

(2) In determining for the purposes of section 16 whether a person is carrying out
5Games location trading—

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

(i) that the making of an offer, or the exposure of an item for sale,
occurs in a specified Games location or (as the case may be) a
relevant public place;

(ii) 10that any person to whom the offer is made or item exposed is in
a specified Games location or (as the case may be) 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
it is done for the person’s own gain or reward or for that of another
15person.

(1) The Secretary of State may direct a local authority in England or a combined
20authority 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) 25keep 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
30(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) 35the 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) 40any 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
functions 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) 5A direction under subsection (1)

(a) must be in writing, and

(b) may be revoked.

(1) Section 14 of the RTRA 1984 has effect in relation to a traffic authority for a road
10in England as if subsection (1)(c) of that section included the following
purposes—

(a) implementing 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.

(2) 15The 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)
Procedure Regulations 1992 ( S.I. 1992/1215).

(3) 20An 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
the end of the period of 5 days beginning with the day after the day on which
25the 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
which the notice comes into force, or

(b) 30the end of the period of 5 days beginning with the day after the day on
which the Games end,

whichever is earlier.

(1) An authority directed under section 25 (1) may make an order or issue a notice
35by 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
issued by the local traffic authority.

(2) 40 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) An 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
5though the consenting function conferred on the local traffic authority by
subsection (4) were conferred by the RTRA 1984.

(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) 10the Secretary of State is satisfied that the making of the order, or issue
of 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
15of 7 days beginning with the day on which the Secretary of State made
the request.

(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) 20if different, an authority directed under section 25 (1) ,

(c) the 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
25satisfied that, for reasons of urgency, the direction must be given without
delay.

(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) 30recover from the authority any expenses incurred by the Secretary of
State 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
35local traffic authority by virtue of section 26 .

(6) An 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) 40may be revoked.

In this Part—

25The 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.

(1) Any power to make regulations under this Act is exercisable by statutory
30instrument.

(2) Regulations under this Act may—

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

(b) contain incidental, supplemental, consequential or transitional
35provision or savings.

(3) A statutory instrument containing regulations under paragraph 16 of Schedule
3 (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
Parliament.

(4) 40Any other statutory instrument containing regulations under this Act is subject
to annulment in pursuance of a resolution of either House of Parliament.