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 20

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

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

(b) Part 4.

(2) 5The remaining provisions of this Act extend to England and Wales, Scotland
and Northern Ireland.

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

(a) 10Part 1;

(b) section 8 ;

(c) this Part;

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

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

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

(4) Sections 10 to 12 and Schedule 2 cease to have effect on the day after the day on
which the Games end.

This Act may be cited as the Birmingham Commonwealth Games Act 2020.

Section 5

Exceptions for mere conduits

1 (1) 5 A service provider does not breach section 3 (1) by providing access to a
communication network or by transmitting, in a communication network,
information provided by a recipient of the service, if the service provider
does not—

(a) initiate the transmission,

(b) 10select the recipient of the transmission, or

(c) select or modify the information contained in the transmission.

(2) For the purposes of sub-paragraph (1)—

(a) providing access to a communication network, and

(b) transmitting information in a communication network,

15include the automatic, intermediate and transient storage of the information
transmitted so far as the storage is solely for the purpose of carrying out the
transmission in the network.

(3) Sub-paragraph (2) does not apply if the information is stored for longer than
is reasonably necessary for the transmission.

Exception for caching

2 (1) A service provider does not breach section 3 (1) by storing information
provided by a recipient of the service for transmission in a communication
network if the first and second conditions are met.

(2) The first condition is that the storage of the information—

(a) 25is automatic, intermediate and temporary, and

(b) is solely for the purpose of making more efficient the onward
transmission of the information to other recipients of the service at
their request.

(3) The second condition is that the service provider—

(a) 30does not modify the information,

(b) complies with any conditions attached to having access to the
information, and

(c) if sub-paragraph (4) applies, promptly removes the information or
disables access to it.

(4) 35This sub-paragraph applies if the service provider obtains actual knowledge
that—

(a) the information at the initial source of the transmission has been
removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the
5network of, or the disablement of access to, the information.

Exception for hosting

3 (1) A service provider does not breach section 3 (1) by storing information
provided by a recipient of the service if—

(a) the service provider had no actual knowledge when the information
10was provided that its provision constituted a breach of section 3 (1) ,
or

(b) on obtaining actual knowledge that the provision of the information
constituted such a breach, the service provider promptly removed
the information or disabled access to it.

(2) 15Sub-paragraph (1) does not apply if the recipient of the service is acting
under the authority or control of the service provider.

Interpretation

4 In this Schedule—

Section 10

Non-UK service providers: restriction on institution of proceedings

1 (1) Proceedings for an offence under section 10 may not be instituted against a
5non-UK service provider in respect of anything done in the course of the
provision of information society services unless the derogation condition is
met.

(2) The derogation condition is that taking proceedings—

(a) is necessary for the purposes of the public interest objective,

(b) 10relates to an information society service that prejudices that objective
or presents a serious and grave risk of prejudice to that objective, and

(c) is proportionate to that objective.

(3) In this paragraph—

Exceptions for mere conduits

2 (1) A service provider does not commit an offence under section 10 by
providing access to a communication network or by transmitting, in a
20communication network, information provided by a recipient of the service,
if the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the transmission.

(2) 25For the purposes of sub-paragraph (1)—

(a) providing access to a communication network, and

(b) transmitting information in a communication network,

include the automatic, intermediate and transient storage of the information
transmitted so far as the storage is solely for the purpose of carrying out the
30 transmission in the network.

(3) Sub-paragraph (2) does not apply if the information is stored for longer than
is reasonably necessary for the transmission.

Exception for caching

3 (1) A service provider does not commit an offence under section 10 by storing
35information provided by a recipient of the service for transmission in a
communication network if the first and second conditions are met.

(2) The first condition is that the storage of the information—

(a) is automatic, intermediate and temporary, and

(b) is solely for the purpose of making more efficient the onward
40transmission of the information to other recipients of the service at
their request.

(3) The second condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the
information, and

(c) if sub-paragraph (4) applies, promptly removes the information or
5disables access to it.

(4) This sub-paragraph applies if the service provider obtains actual knowledge
that—

(a) the information at the initial source of the transmission has been
removed from the network,

(b) 10access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the
network of, or the disablement of access to, the information.

Exception for hosting

4 (1) A service provider does not commit an offence under section 10 by storing
15information provided by a recipient of the service if—

(a) the service provider had no actual knowledge when the information
was provided that its provision constituted an offence under section
10 , or

(b) on obtaining actual knowledge that the provision of the information
20constituted such an offence, the service provider promptly removed
the information or disabled access to it.

(2) Sub-paragraph (1) does not apply if the recipient of the service is acting
under the authority or control of the service provider.

Interpretation

5 25In this Schedule—

6 (1) A service provider is “established” in the United Kingdom, or in a particular
5 EEA state, if the service provider—

(a) effectively pursues an economic activity using a fixed establishment
in the United Kingdom, or that EEA state, for an indefinite period,
and

(b) is a national of an EEA state or a company or firm mentioned in
10Article 54 of the Treaty on the Functioning of the European Union.

(2) The presence or use in a particular place of equipment or other technical
means of providing an information society service does not, of itself,
constitute the establishment of a service provider.

(3) Where it cannot be determined from which of a number of establishments a
15given information society service is provided, that service is to be regarded
as provided from the establishment at the centre of the service provider’s
activities relating to that service.

Section 20

Introductory

1 In this Schedule—

Conditions for seizure and detention under Schedule 5 to the 2015 Act

2 (1) 35For the purposes of enforcing a relevant offence, an officer of a relevant
authority may exercise a power in paragraph 28 or 29 of Schedule 5 to the
2015 Act to seize and detain any goods or documents only if the officer
reasonably suspects that it is necessary to do so for the purpose of—

(a) ending the commission of the offence;

(b) 40preventing the commission of the offence;

(c) enabling the goods or documents to be used as evidence in
proceedings for the offence.

(2) Sub-paragraph (1) does not prevent the exercise of the power in relation to
any other legislation of the authority (within the meaning of paragraph 9 of
that Schedule).

Additional powers of search and seizure

3 (1) 5This paragraph applies where—

(a) an officer of a relevant authority is lawfully in any public place
otherwise than in reliance on a power conferred by paragraph 23(1)
or 32 of Schedule 5 to the 2015 Act, and

(b) the officer reasonably suspects that a person has committed, is
10committing or is about to commit a relevant offence.

(2) The officer may—

(a) search or examine anything which appears to be in the person’s
possession or control, and

(b) seize and detain or remove any item which appears to be in the
15person’s possession or control.

(3) The officer may seize an item under sub-paragraph (2)(b) only if the officer
reasonably suspects that it is necessary to do so for the purpose of—

(a) ending the commission of the offence;

(b) preventing the commission of the offence;

(c) 20enabling the item to be used as evidence in proceedings for the
offence.

4 Paragraph 31 of Schedule 5 to the 2015 Act (power to break open container
etc) applies for the purpose of exercising any power conferred by paragraph
3 of this Schedule as it applies for the purpose of exercising a power in
25paragraph 28 or 29 of that Schedule.

Protections relating to search and seizure under paragraph 3

5 (1) Before exercising any power under paragraph 3 in relation to a person, an
officer must produce evidence of the officer’s identity and authority to the
person.

(2) 30The officer need not comply with sub-paragraph (1) if it is not reasonably
practicable to do so.

6 (1) An officer seizing any item from a person under paragraph 3(2)(b) must take
reasonable steps to—

(a) inform the person that it has been seized, and

(b) 35provide that person with a written record of what has been seized.

(2) In determining the steps to be taken under sub-paragraph (1), the officer
must have regard to any relevant provision about the seizure of property
made by—

(a) where the officer is acting in England and Wales, a code of practice
40under section 66 of the Police and Criminal Evidence Act 1984;

(b) where the officer is acting in Northern Ireland, a code of practice
under Article 65 of the Police and Criminal Evidence (Northern
Ireland) Order 1989 ( S.I. 1989/1341 (N.I. 12)).

7 Paragraph 29(6) and (7) of Schedule 5 to the 2015 Act (which prohibits the
45seizure of legally privileged items) applies in relation to the power conferred





by paragraph 3(2)(b) of this Schedule as it applies in relation to the power in
paragraph 29 of that Schedule.

8 Nothing in paragraph 3 or 4 confers any power to search a person.

Retention etc of items seized under paragraph 3

9 5An item seized under paragraph 3 by an officer of a relevant authority may
not be detained—

(a) for a period of more than 3 months beginning with the day on which
it was seized, or

(b) where the item is reasonably required to be detained for a longer
10period by the authority for a purpose for which it was seized, for
longer than it is required for that purpose.

(For corresponding provision in relation to seizure under paragraph 28 or 29
of Schedule 5 to the 2015 Act, see paragraphs 28(7) and 29(8) of that
Schedule.)

10 15The following provisions of Schedule 5 to the 2015 Act apply in relation to
items detained as the result of the exercise of the power conferred by
paragraph 3 of this Schedule as they apply in relation to goods or documents
detained as the result of the exercise of a power in Part 4 of that Schedule—

(a) paragraph 38 (access to seized goods and documents);

(b) 20paragraph 40 (appeals against detention of goods and documents).

Disposal of seized items

11 (1) This paragraph applies where—

(a) a relevant authority no longer wishes to retain a seized item for any
purpose,

(b) 25the period of 3 months beginning with the day on which the item was
seized has ended (but see sub-paragraph (4)), and

(c) reasonable efforts have been made, without success, to find a person
entitled to the item, or it is for some other reason impracticable to
return the item to a person entitled to it.

(2) 30In this paragraph “seized item” means an item seized—

(a) under paragraph 3 of this Schedule, or

(b) in the exercise of a power in paragraph 28 or 29 of Schedule 5 to the
2015 Act for the purpose of enforcing a relevant offence.

(3) The authority may dispose of the item in whatever way the authority
35considers appropriate.

(4) In the case of a perishable item which no longer has any commercial value,
the authority may dispose of the item before the end of the period
mentioned in sub-paragraph (1)(b).

(5) The persons “entitled” to an item for the purposes of this paragraph are—

(a) 40the person from whom it was seized;

(b) (if different) any person to whom it belongs.

Power to conceal or destroy advertising

12 (1) An officer of a local weights and measures authority in England may do
anything which the officer considers necessary or expedient to conceal any
advertising which the officer reasonably suspects is an offence under section
5 13 .

This does not affect any power of the officer to seize the advertising.

(2) If the officer considers that it is not reasonably practicable to seize or conceal
the advertising, the officer may deface or destroy the advertising.

(3) An officer may exercise any power conferred by any of paragraphs 23 and
1032 to 34(1) of Schedule 5 to the 2015 Act (powers of entry etc) for the purpose
of exercising a power conferred by sub-paragraph (1) or (2) above.

(4) Nothing may be concealed under sub-paragraph (1) for any longer than is
necessary to prevent the commission of an offence under section 13 .

(5) But a person is not liable by virtue of sub-paragraph (4) for failing to uncover
15any advertising if the person took all reasonable steps—

(a) to uncover the advertising as soon as reasonably practicable after the
concealment ceased to be necessary for the purpose mentioned in
that sub-paragraph, or

(b) to ensure that any other person was able to do so.

Obstruction of officers etc

13 The following provisions of Schedule 5 to the 2015 Act have effect as if the
powers conferred by this Schedule were powers in Part 4 of that Schedule—

(a) paragraph 36(1)(a) (offence of obstruction);

(b) paragraph 37 (offence of purporting to act as an officer of an
25enforcer).

Exercise of powers outside authority’s area

14 (1) A local weights and measures authority in England or Wales may exercise a
power conferred by this Schedule in a part of England or Wales that is
outside that authority’s area.

(2) 30A local weights and measures authority in Scotland may exercise a power
conferred by this Schedule in a part of Scotland that is outside that
authority’s area.

Compensation

15 (1) A person whose property is damaged in the course of the exercise or
35purported exercise of a relevant power by an officer of a relevant authority
is entitled to compensation from that authority if—

(a) the exercise of the power was unlawful, or

(b) any force used in the exercise of the power was unreasonable.

(2) In sub-paragraph (1) “relevant power” means—

(a) 40a power conferred by this Schedule, or

(b) a power conferred by Part 3 or 4 of Schedule 5 to the 2015 Act that is
exercised (or purportedly exercised) for the purpose of enforcing a
relevant offence.

(3) The amount of compensation payable is the sum of the following amounts—

(a) an amount equal to—

(i) the cost of repairing the property to its previous condition, or

(ii) if it is impossible or not commercially worthwhile to repair
5the property to that condition, the cost of replacing it, and

(b) the amount of any other loss that is a direct result of the damage to
the property.

16 (1) The Secretary of State may by regulations make provision supplementing
the provisions of paragraph 15, including (among other things)—

(a) 10provision about how to make a claim for compensation under that
paragraph;

(b) provision about the person to whom a claim must be made;

(c) provision about the period within which a claim must be made;

(d) provision requiring a person to provide specified information when
15making a claim;

(e) provision conferring discretion on any person to decide whether a
person is entitled to compensation under that paragraph and, if so,
the amount to be paid;

(f) provision requiring a person making a claim to be given specified
20information about the decision on the claim;

(g) provision about reviews or appeals.

(2) In sub-paragraph (1) “specified” means specified in the regulations.