London Olympic Games and Paralympic Games (Amendment) Bill (HL Bill 95)

Advertising and trading

1 Removal of infringing articles

(1) In section 21 of the London Olympic Games and Paralympic Games Act 2006
(offence of contravening advertising regulations), omit subsection (4).

(2) 5In section 22 of that Act (contravention of advertising regulations: power of
entry), in subsection (5)—

(a) after paragraph (b) insert “or”, and

(b) omit paragraph (d) and the preceding “or”.

(3) In subsection (6) of that section—

(a) 10for “an enforcement officer” substitute “a constable”,

(b) for “a constable”, in each place it appears, substitute “an enforcement
officer”, and

(c) for the words from “treated” to the end substitute “dealt with in
accordance with sections 31A to 31E.”

(4) 15In subsection (10) of that section—

(a) in the definition of “enforcement officer”, for “that subsection”
substitute “this section”, and

(b) in paragraph (b) of the definition of “infringing article”, after “thing”
insert “, or an animal,”.

(5) 20In section 28 of that Act (contravention of trading regulations: power of entry),
in subsection (2)—

(a) after paragraph (b) insert “or”, and

(b) omit paragraph (d) and the preceding “or”.

(6) Omit subsection (3) of that section.

(7) In subsection (4) of that section—

(a) for “an enforcement officer” substitute “a constable”,

(b) for “a constable”, in each place it appears, substitute “an enforcement
5officer”, and

(c) for the words from “treated” to the end substitute “dealt with in
accordance with sections 31A to 31E.”

(8) In subsection (8) of that section—

(a) in the definition of “enforcement officer”, for “that subsection”
10substitute “this section”, and

(b) in each of paragraphs (a) and (b) of the definition of “infringing article”,
after “article” insert “or animal”.

(9) After section 31 of that Act insert—

“Removal of infringing articles

31A 15Cases involving criminal proceedings

(1) This section applies where—

(a) an infringing article is removed under section 22 or 28, and

(b) its retention is justified by the matter specified in section 22(5)(c)
or (as the case may be) 28(2)(c).

(2) 20In the case of a perishable article, the Olympic Delivery Authority must,
so far as is reasonably practicable, store the article pending its return or
disposal in accordance with this group of sections.

(3) In the case of an animal, the Authority must take care of the animal
pending its return or disposal in accordance with this group of sections.

(4) 25If proceedings on the offence under section 21 or 27 are not instituted
before the end of the relevant period, the infringing article shall be
returned to the owner of the article at the end of that period unless—

(a) the Authority, having undertaken such enquiries as it thinks
appropriate, fails to establish who or where the owner is,

(b) 30the owner disclaims the article or refuses to accept it, or

(c) in the case of a perishable article, the article has ceased to be
usable for trade.

(5) If proceedings on the offence under section 21 or 27 are instituted
before the end of the relevant period but are discontinued, the
35infringing article shall be returned to the owner on the discontinuance
of the proceedings unless subsection (4)(a), (b) or (c) applies.

(6) If proceedings on the offence under section 21 or 27 are instituted
before the end of the relevant period, and subsection (5) does not apply,
the infringing article shall be returned to the owner at the conclusion of
40the proceedings unless—

(a) subsection (4)(a), (b) or (c) applies,

(b) the court orders the infringing article to be forfeited under
section 143 of the Powers of Criminal Courts (Sentencing) Act
2000, or

(c) where (without making an order under that section) the court
awards costs to the Authority against the owner, the period of
28 days beginning with the day on which the award was made
expires without the costs having been paid.

(7) 5If subsection (4)(a) applies, the Authority may apply to a magistrates’
court for a disposal order under section 31D.

(8) If subsection (4)(b) or (6)(c) applies, the Authority must proceed in
accordance with section 31E.

(9) If subsection (4)(c) applies, the Authority may dispose of the article as
10it thinks appropriate.

(10) For the purposes of this section, “the relevant period” is—

(a) in the case of an infringing article removed under section 22, the
period of 56 days beginning with the day after the day on which
it is removed, and

(b) 15in the case of an infringing article removed under section 28, the
period of 28 days beginning with the day after the day on which
it is removed.

(11) In this section, “this group of sections” means this section and sections
31B to 31E.

31B 20Cases not involving criminal proceedings: articles other than vehicles

(1) This section applies where—

(a) an infringing article which is not a vehicle is removed under
section 22 or 28, and

(b) retention of the article is not justified by the matter specified in
25section 22(5)(c) or (as the case may be) 28(2)(c).

(2) In the case of a perishable article, the Olympic Delivery Authority must,
so far as is reasonably practicable, store the article pending its return or
disposal in accordance with this group of sections.

(3) In the case of an animal, the Authority must take care of the animal
30pending its return or disposal in accordance with this group of sections.

(4) The article shall be returned to the owner when retention is no longer
justified by a matter specified in section 22(5)(a) or (b) or (as the case
may be) 28(2)(a) or (b) unless—

(a) the Authority, having undertaken such enquiries as it thinks
35appropriate, fails to establish who or where the owner of the
article is,

(b) the owner disclaims the article or refuses to accept it, or

(c) in the case of a perishable article, the article has ceased to be
usable for trade.

(5) 40If subsection (4)(a) applies, the Authority may apply to a magistrates’
court for a disposal order under section 31D.

(6) If subsection (4)(b) applies, the Authority must proceed in accordance
with section 31E.

(7) If subsection (4)(c) applies, the Authority may dispose of the article as
45it thinks appropriate.

(8) In this section—

• “this group of sections” has the meaning given in section 31A, and

• “vehicle” has the same meaning as in the Vehicle Excise and
  Registration Act 1994 (see section 1 of that Act).

31C 5Cases not involving criminal proceedings: vehicles

(1) This section applies where—

(a) a vehicle is removed under section 22 or 28, and

(b) retention of the vehicle is not justified by the matter specified in
section 22(5)(c) or (as the case may be) 28(2)(c).

(2) 10If the Olympic Delivery Authority receives a written application for the
return of the vehicle and is satisfied that the applicant is the owner, the
vehicle shall be returned to the applicant when retention is no longer
justified by a matter specified in section 22(5)(a) or (b) or (as the case
may be) 28(2)(a) or (b), unless the applicant disclaims the vehicle or
15refuses to accept it.

(3) Subsection (2) does not apply if the vehicle has been removed under
section 22 or 28 on a previous occasion; where that is the case, if the
Authority is satisfied as to who the owner is, the vehicle shall be
returned to the owner as soon as is reasonably practicable after the end
20of the London Olympics period, unless the owner disclaims the vehicle
or refuses to accept it.

(4) If neither subsection (2) nor subsection (3) applies, the Authority must
request from the Secretary of State the particulars relating to the person
in whose name the vehicle is registered under the Vehicle Excise and
25Registration Act 1994.

(5) Once those particulars have been received, the vehicle shall—

(a) if it has been removed under section 22 or 28 on a previous
occasion, be returned to the owner as soon as is reasonably
practicable after the end of the London Olympics period, or

(b) 30in any other case, be returned to the owner when retention is no
longer justified by a matter specified in section 22(5)(a) or (b) or
(as the case may be) 28(2)(a) or (b),

unless the owner disclaims the vehicle or refuses to accept it.

(6) If the owner disclaims or refuses to accept the vehicle in the
35circumstances mentioned in subsection (2), (3) or (5), the Authority
must proceed in accordance with section 31E.

(7) In this section, “vehicle” has the same meaning as in the Vehicle Excise
and Registration Act 1994 (see section 1 of that Act).

31D Disposal orders

(1) 40A magistrates’ court may, on an application under section 31A(7) or
31B(5), make an order (a “disposal order”) authorising the Olympic
Delivery Authority—

(a) to dispose of the article or animal as the Authority thinks
appropriate, and

(b) 45to apply any proceeds of the disposal towards the Authority’s
costs of exercising functions by virtue of section 19 or 25.

(2) The court may make a disposal order only if it is satisfied that the
Authority has made reasonable efforts to establish who and where the
owner of the article or animal is.

(3) If a person who claims to be the owner of the article or animal, or
5otherwise to have an interest in it, applies to the court to be heard in the
proceedings, the court—

(a) must give the applicant an opportunity to make representations
as to why a disposal order should not be made,

(b) may not make a disposal order pending the making of the
10representations, and

(c) having heard the representations, may (instead of making a
disposal order) make an order requiring the article or animal to
be returned to the owner.

(4) In considering whether to make a disposal order, the court must have
15regard in particular to—

(a) the value of the article or animal, and

(b) the likely financial or other effects of making the order.

(5) The court may make a disposal order even if the value of the article or
animal exceeds the maximum fine which could be imposed on
20conviction of the offence under section 21 or (as the case may be) 27.

31E Sale or other disposal

(1) This section has effect for the purposes of sections 31A(8), 31B(6) and
31C(6).

(2) If the Olympic Delivery Authority thinks that there is a realistic
25prospect of selling the article or animal in question—

(a) it must take reasonable steps to sell it at the best price that can
reasonably be obtained, but

(b) if (having complied with paragraph (a)) it fails to sell it, it may
dispose of it as it thinks appropriate.

(3) 30If the Authority does not think that there is a realistic prospect of selling
the article or animal, it may dispose of it as it thinks appropriate.

(4) In a case within section 31A(4)(b) or 31B(4)(b), or in the circumstances
mentioned in section 31C(2), (3) or (5), the proceeds of a sale under this
section must be applied towards the Authority’s costs of exercising
35functions by virtue of section 19 or 25.

(5) In a case within section 31A(6)(c), the proceeds of a sale under this
section must—

(a) be applied in paying the amount of the costs referred to in
section 31A(6)(c) that are unpaid, and

(b) 40in so far as the proceeds exceed that amount, be given to the
owner of the article or animal.

(6) If, in a case within section 31A(6)(c), the Authority sells or otherwise
disposes of the article or animal having failed to comply with
subsection (2)(a), the failure—

(a) 45is actionable against the Authority by any person suffering loss
in consequence of the sale or other disposal, but

(b) in the case of a sale, does not affect the validity of the sale.

(7) If the Authority, having undertaken such enquiries as it thinks
appropriate, fails to establish for the purposes of subsection (5)(b)
where the owner is, it may apply to a magistrates’ court for an order
under subsection (8).

(8) 5A magistrates’ court may, on an application under subsection (7), make
an order authorising the Authority to apply the excess of the proceeds
of sale towards its costs of exercising functions by virtue of section 19
or 25.

(9) The court may make an order under subsection (8) only if it is satisfied
10that the Authority has made reasonable efforts to establish where the
owner is.

(10) In considering whether to make an order under subsection (8), the court
must have regard in particular to—

(a) the amount of the excess of the proceeds of sale, and

(b) 15the likely financial or other effects of making the order.”

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

(a) subsection (6), and

(b) subsection (11).

(11) At the end of that section insert—

“(12) 20In 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),
25unless—

(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) 30Subject 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) 35In 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),
40unless—

(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) 45Subject 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
5to 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”
10were 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) 15in that subsection, paragraph (c) were omitted,

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

(f) subsection (10) were omitted.

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

(12) In section 38 of that Act (Northern Ireland), omit paragraph (g).

2 20Regulations: Parliamentary procedure and public notice

(1) In section 20 of the London Olympic Games and Paralympic Games Act 2006
(supplementary provision about advertising regulations), for subsection (2)
substitute—

“(2) Regulations under section 19 shall be made by statutory instrument.

(2A) 25The first regulations under that section may not be made unless a draft
has been laid before and approved by resolution of each House of
Parliament.

(2B) Subsequent regulations under that section are subject to annulment in
pursuance of a resolution of either House of Parliament.”

(2) 30In section 23 of that Act (role of Olympic Delivery Authority in relation to
advertising regulations), in subsection (2), after “subsection (1)” insert “in
relation to the first regulations made or expected to be made under that
section,”.

(3) In section 26 of that Act (supplementary provision about trading regulations),
35for subsection (2) substitute—

“(2) Regulations under section 25 shall be made by statutory instrument.

(2A) The first regulations under that section may not be made unless a draft
has been laid before and approved by resolution of each House of
Parliament.

(2B) 40Subsequent regulations under that section are subject to annulment in
pursuance of a resolution of either House of Parliament.”

(4) In section 29 of that Act (role of Olympic Delivery Authority in relation to
trading regulations), in subsection (2), after “subsection (1)” insert “in relation
to the first regulations made or expected to be made under that section,”.

(5) In section 37 of that Act (Scotland), in subsection (8)(b), after “references”, in
5the first place it appears, insert “(other than in sections 20 and 26)”.

(6) After subsection (9) of that section insert—

“(9A) Sections 20 and 26 are to have effect as if, in each case—

(a) subsection (2) were omitted, and

(b) for subsections (2A) and (2B) there were substituted—

“(2A) 10The first regulations under that section are subject to the
affirmative procedure.

(2B) Subsequent regulations under that section are subject to the
negative procedure.””

Ticket touting

3 15Increase of maximum fine

(1) In section 31(6) of the London Olympic Games and Paralympic Games Act
2006 (penalty for ticket touting offence), for “level 5 on the standard scale”
substitute “£20,000”.

(2) Subsection (1) applies only where the offence under section 31(1) of that Act is
20committed after the commencement of this section.

Traffic

4 Orders and notices relating to temporary prohibitions etc. on roads

(1) Section 14 of the London Olympic Games and Paralympic Games Act 2006 (the
title to which becomes “Traffic regulation orders and notices”) is amended as
25follows.

(2) In subsection (2), after “an order” insert “under section 1, 6 or 9 of that Act”.

(3) After subsection (5) insert—

“(5A) For the purposes of subsections (1) and (4), so far as applying to the
power to make an order under section 14 of the Road Traffic Regulation
30Act 1984, that section has effect as if in subsection (1)—

(a) after “prohibited” there were inserted “for either of the
purposes mentioned in section 14(2) of the London Olympic
Games and Paralympic Games Act 2006”, and

(b) paragraphs (a) to (c) were omitted.”

(4) 35After subsection (5A) insert—

“(5B) A traffic authority may issue a notice under section 14 of the Road
Traffic Regulation Act 1984 in relation to any road.

(5C) For the purposes of subsection (5B), that section has effect as if in
subsection (2)—

(a) after “that it is” there were inserted “necessary or expedient for
either of the purposes mentioned in section 14(2) of the London
Olympic Games and Paralympic Games Act 2006”, and

(b) paragraphs (a) and (b) were omitted.”

(5) 5In subsection (6), for “that Act” substitute “the Road Traffic Regulation Act
1984”.

(6) At the end insert—

“(7) For the purposes of subsections (5A) and (5C), section 14 of that Act has
effect as if, in subsection (7)(b), for the words “for either of the reasons
10or for the purpose mentioned in subsection (1) above” there were
substituted “for either of the purposes mentioned in section 14(2) of the
London Olympic Games and Paralympic Games Act 2006”.”

5 Enforcement of traffic regulation orders and notices

(1) Section 15 of the London Olympic Games and Paralympic Games Act 2006 (the
15title to which becomes “Traffic regulation orders and notices: enforcement”) is
amended as follows.

(2) In subsection (2), after “an order made by virtue of section 14(1) or (4)” insert “,
or of a notice issued by virtue of section 14(5B),”.

(3) After that subsection insert—

“(2A) 20The reference in subsection (2) to Schedule 7 to that Act is to be read as
a reference to that Schedule as it would have effect if, at the end of
paragraph 8(2), there were inserted “or a notice under section 14 of that
Act”.”

(4) For subsection (3) substitute—

“(3) 25In the application of Part 6 of that Act to a contravention of an order
made by virtue of section 14(1) or (4), or of a notice issued by virtue of
section 14(5B), Schedule 9 to that Act (levels of charges) shall have effect
as if for Parts 2 and 3 there were substituted the Parts 2 and 3 set out in
section 15A.”

(5) 30In subsection (4), at the end insert “or of a notice issued by virtue of section
14(5B)”.

(6) After section 15 of that Act insert—

“15A Section 15: supplemental

The Parts 2 and 3 of Schedule 9 to the Traffic Management Act 2004
35referred to in section 15(3) are as follows—

“ Part 2 Charges applicable in Greater London

(1) It is the duty of the Olympic Delivery Authority (referred to in this
Schedule as “the Authority”) to set the levels of charges applicable in
40Greater London, so far as relating to—

(a) contraventions on or adjacent to roads, or