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

(b) parking places provided or authorised by the Authority,
Transport for London or the London local authorities.

(2) Different levels of charges may be set for different areas in Greater
London and for different cases or classes of case.

(3) 5Before setting the level of any charges, the Authority must consult—

(a) Transport for London, and

(b) the London local authorities.

(1) The Authority must submit to the Secretary of State for approval the
levels of charges that it proposes to set.

(2) 10If—

(a) the Authority fails to discharge its duty under paragraph 2,
or

(b) the Secretary of State does not approve the levels of charges
proposed by the Authority,

15the levels of charges must be set by the Secretary of State.

The Authority must publish, in such manner as the Secretary of State
may determine, the levels of charges set in accordance with this Part
of this Schedule.

Part 3 20Charges applicable outside Greater London

(1) It is the duty of the Authority to set the levels of charges applicable
outside Greater London.

(2) Different levels of charges may be set for different civil enforcement
areas, for different parts of a civil enforcement area and for different
25cases or classes of case.

(1) The Authority must submit to the Secretary of State for approval the
levels of charges that it proposes to set.

(2) If—

(a) the Authority fails to discharge its duty under paragraph 5,
30or

(b) the Secretary of State does not approve the levels of charges
proposed by the Authority,

the levels of charges must be set by the Secretary of State.

The Authority must publish, in such manner as the Secretary of State
35may determine, the levels of charges set in accordance with this Part
of this Schedule.”.”

6 Road closures or restrictions

(1) Section 16 of the London Olympic Games and Paralympic Games Act 2006 (the
title to which becomes “Road closures or restrictions”) is amended as follows.

(2) 40In subsection (1)(a), after ““a London Olympic event” insert “(within the
meaning of the London Olympic Games and Paralympic Games Act 2006)”.

(3) In subsection (2), for “a closure” substitute “an order made”.

(4) At the end insert—

“(3) Part 6 of the Traffic Management Act 2004 (civil enforcement) shall
apply in relation to a contravention of an order made under section 16A
5as applied by this section as it applies in relation to the contraventions
specified in Schedule 7 to that Act.

(4) In the application of Part 6 of that Act to a contravention of an order
made under section 16A as so applied, Schedule 9 to that Act (levels of
charges) shall have effect as if for Parts 2 and 3 there were substituted
10the Parts 2 and 3 set out in section 15A.”

7 Enforcement of moving traffic contraventions in Greater London

(1) After section 16 of the London Olympic Games and Paralympic Games Act
2006 insert—

“16A Enforcement of moving traffic contraventions in Greater London

(1) 15The provisions of the London Local Authorities and Transport for
London Act 2003 (“the 2003 Act”) referred to in subsection (2) apply in
relation to an Olympic traffic contravention as they apply in relation to
a contravention of a prescribed order within the meaning of section 4 of
that Act.

(2) 20The provisions of the 2003 Act are—

(a) section 4 (penalty charges for traffic contraventions),

(b) section 6 (limitation on service of penalty charge notice),

(c) section 7 (disapplication of offences),

(d) Schedule 1 (penalty charge notices: representations etc.), and

(e) 25Schedule 2 (penalty charge notices: financial provisions),

and section 2 of that Act (interpretation) so far as it relates to any of
those provisions.

(3) An “Olympic traffic contravention” is a contravention of any of the
following that applies to a road in Greater London—

(a) 30an order made by virtue of section 14(1) or (4),

(b) a notice issued by virtue of section 14(5B), or

(c) an order made under section 16A of the Road Traffic Regulation
Act 1984 (road closures or restrictions for certain events) as
applied by section 16 of this Act.

(4) 35But a contravention of an order or notice referred to in subsection (3) is
not an Olympic traffic contravention in so far as Part 6 of the Traffic
Management Act 2004 applies in relation to it by virtue of section 15 or
16.

(5) For the purposes of this section, section 4 of the 2003 Act has effect as
40if—

(a) in subsection (10) (power to set level of discount for early
payment of penalty charge), for “the borough councils and
Transport for London acting through the Joint Committee”
there were substituted “the Olympic Delivery Authority”, and

(b) for subsection (13) there were substituted the subsection (13) set
out in section 16B(1).

(6) For the purposes of this section, section 7 of the 2003 Act has effect as if
after subsection (3) there were inserted the subsections (3A) and (3B) set
5out in section 16B(2).

(7) The Secretary of State may direct the enforcement authority for a road
in Greater London to exercise its power under section 4(2) or 6(6) of the
2003 Act in respect of an Olympic traffic contravention.

(8) Where the enforcement authority is Transport for London, the
10Secretary of State may give a direction under subsection (7) only with
the consent of the Mayor of London.

(9) If an enforcement authority for a road fails to comply with a direction
under subsection (7), the Olympic Delivery Authority may, with the
consent of the Secretary of State, act as the enforcement authority for
15that road.

(10) If the Authority acts as the enforcement authority for a road by virtue
of subsection (9), it may recover from the enforcement authority, as if it
were a debt, the reasonable cost of acting.

(11) In this section, “enforcement authority” means whichever of Transport
20for London or the relevant borough council under the 2003 Act is for the
time being entitled to exercise the power under section 4(2) of that Act.

(12) For the purposes of this section, the provisions of the 2003 Act referred
to in subsection (2) are to be treated as being fully in force.

16B Section 16A: supplemental

(1) 25The subsection (13) of section 4 of the London Local Authorities and
Transport for London Act 2003 (“the 2003 Act”) referred to in section
16A(5)(b) is as follows—

“(13) For the purposes of subsection (12), Part 2 of that Schedule has
effect as it would if there were substituted for it the Part 2 set out
30as follows—

“ Part 2 Charges applicable in Greater London

(1) It is the duty of the Olympic Delivery Authority (“the Authority”) to
set the levels of charges applicable to Olympic traffic contraventions
35(within the meaning of section 16A of the London Olympic Games
and Paralympic Games Act 2006).

(2) Different levels of charges may be set for different areas in Greater
London and for different cases or classes of case.

(3) Before setting the level of any charges the Authority must consult—

(a) 40Transport for London, and

(b) the London local authorities.

(1) The Authority must submit to the Secretary of State for approval the
levels of charges that it proposes to set.

(2) If—

(a) the Authority fails to discharge its duty under paragraph 2,
or

(b) the Secretary of State does not approve the levels of charges
5proposed by the Authority,

the levels of charges must be set by the Secretary of State.

The Authority must publish, in such manner as the Secretary of State
may determine, the levels of charges set in accordance with this Part
of this Schedule.”.””

(2) 10The subsections (3A) and (3B) of section 7 of the 2003 Act referred to in
section 16A(6) are as follows—

“(3A) Section 16 of the Act of 1984 shall apply in respect of a road to
which this section applies as if after subsection (1) there were
inserted—

“(1A) 15Subsection (1) does not apply in relation to any person
who acts in contravention of or fails to comply with a
restriction or prohibition imposed under section 14 of
this Act if as a result a penalty charge is payable under
section 4(5) of the London Local Authorities and
20Transport for London Act 2003.”

(3B) Section 16C of the Act of 1984 shall apply in respect of a road to
which this section applies as if after subsection (1) there were
inserted—

“(1A) Subsection (1) does not apply in relation to any person
25who acts in contravention of or fails to comply with an
order under section 16A of this Act if as a result a
penalty charge is payable under section 4(5) of the
London Local Authorities and Transport for London
Act 2003.”.”.””

(2) 30Consultation undertaken before the commencement of subsection (1)
(including consultation undertaken before the passing of this Act) is as
effective for the purposes of paragraph 2(3) of Schedule 9 to the Traffic
Management Act 2004 as modified in accordance with that subsection as
consultation undertaken after that commencement.

8 35Enforcement of bus lane contraventions outside Greater London

After section 16B of the London Olympic Games and Paralympic Games Act
2006 insert—

“16C Enforcement of bus lane contraventions outside Greater London

(1) Section 144 of the Transport Act 2000 (civil penalties for bus lane
40contraventions) and the Bus Lane Regulations apply in relation to an
Olympic bus lane contravention as they apply in relation to a bus lane
contravention within the meaning of that section.

(2) The references in subsection (1) to that section are to be read as
references to that section as it would have effect if, at the end of the
45definition of “traffic regulation order” in subsection (14), there were
inserted “or a notice under section 14 of that Act”.

(3) An “Olympic bus lane contravention” is a contravention of any of the
following so far as relating to the use of an area of road outside Greater
London which is or forms part of a bus lane—

(a) an order made by virtue of section 14(1) or (4),

(b) 5a notice issued by virtue of section 14(5B), or

(c) an order made under section 16A of the Road Traffic Regulation
Act 1984 (road closures or restrictions for certain events) as
applied by section 16 of this Act.

(4) But a contravention of an order or notice referred to in subsection (3) is
10not an Olympic bus lane contravention in so far as Part 6 of the Traffic
Management Act 2004 applies in relation to it by virtue of section 15 or
16.

(5) For the purposes of this section, section 144 of the Transport Act 2000
has effect as if subsection (9) were omitted except so far as necessary for
15the purpose of authorising regulation 4 of the Bus Lane Regulations as
modified by subsection (6) of this section.

(6) For the purposes of this section, the Bus Lane Regulations have effect as
if for regulation 4 there were substituted the regulation 4 set out in
section 16D.

(7) 20The Secretary of State may direct the approved local authority for a
road outside Greater London to exercise its powers under the Bus Lane
Regulations in respect of an Olympic bus lane contravention.

(8) If an approved local authority for a road fails to comply with a direction
under subsection (7), the Olympic Delivery Authority may, with the
25consent of the Secretary of State, act as the approved local authority for
that road.

(9) If the Authority acts as the approved local authority for a road by virtue
of subsection (8), it may recover from the approved local authority, as
if it were a debt, the reasonable cost of acting.

(10) 30In this section—

• “approved local authority” and “bus lane” each have the same
  meaning as in section 144 of the Transport Act 2000, and

• “the Bus Lane Regulations” means the Bus Lane Contraventions
  (Penalty Charges, Adjudication and Enforcement) (England)
  35Regulations 2005 (S.I. 2005/2757S.I. 2005/2757).

16D Section 16C: supplemental

The regulation 4 of the Bus Lane Contraventions (Penalty Charges,
Adjudication and Enforcement) (England) Regulations 2005 (S.I. 2005/
2757) referred to in section 16C(6) is as follows—

40“4 Level of penalty charges

(1) It is the duty of the Olympic Delivery Authority (“the Authority”) to
set the levels of charges applicable to Olympic bus lane
contraventions (within the meaning of section 16C of the London
Olympic Games and Paralympic Games Act 2006).

(2) Different levels of charges may be set for the areas of different
approved local authorities, for different parts of the area of an
approved local authority and for different cases or classes of case.

(3) The Authority must submit to the Secretary of State for approval the
5levels of charges that it proposes to set.

(4) If—

(a) the Authority fails to discharge its duty under paragraph (1);
or

(b) the Secretary of State does not approve the levels of charges
10proposed by the Authority,

the levels of charges must be set by the Secretary of State.

(5) The Authority must publish, in such manner as the Secretary of State
may determine, the levels of charges set in accordance with this
regulation.

(6) 15In the circumstances described in regulation 8(5)(f), an authority
must accept a sum equivalent to one half of the level of charge set in
accordance with this regulation in full payment of a penalty charge.

(7) In the circumstances described in regulation 8(5)(k), an authority
may increase a penalty charge to a sum equivalent to one and a half
20times the level of charge set in accordance with this regulation.”.”

9 Goods vehicle operator licences

After section 16D of the London Olympic Games and Paralympic Games Act
2006, insert—

“16E Goods vehicle operator licences: waiver of procedural requirements

(1) 25This section applies in a case where, on an application to vary an
operator’s licence under section 17 of the Goods Vehicles (Licensing of
Operators) Act 1995 (“the 1995 Act”), a traffic commissioner is satisfied
that—

(a) the variation applied for has a connection with the London
30Olympics,

(b) there would not, but for this section, be sufficient time to
dispose of the application before the beginning of the London
Olympics period, and

(c) the circumstances in which the application is being made are
35such that, but for this section, it could not have been made in
sufficient time to be disposed of before the beginning of that
period.

(2) The traffic commissioner may direct—

(a) that subsection (3) is to apply in relation to the application, and

(b) 40if the traffic commissioner proposes to hold an inquiry under
section 35 of the 1995 Act in relation to the application, that
subsection (4) is to apply in relation to the inquiry.

(3) If the traffic commissioner gives the direction under subsection (2)(a),
the following provisions of the 1995 Act do not apply in relation to the
45application—

(a) section 17(3) (publication of notice by traffic commissioner);

(b) section 18 (publication of notice by operator).

(4) If the traffic commissioner gives the direction under subsection (2)(b),
Schedule 4 to the Goods Vehicles (Licensing of Operators) Regulations
51995 (S.I. 1995/2869S.I. 1995/2869), in its application to the inquiry, has effect as if for
sub-paragraph (3) of paragraph 1 there were substituted—

“(3) The traffic commissioner may abridge the periods referred to in
sub-paragraphs (1) and (2).”

(5) Section 23 of the 1995 Act (conditions as to use of operating centres)
10applies in relation to the licence as if the application were an
application of which notice has been published under section 17(3) of
that Act.

(6) Such variations as are made to the licence on the application, including
by the attachment of conditions under section 21 or 23 of the 1995 Act
15(road safety and operating centres), have effect only during the London
Olympics period.

(7) Subsection (3)(a) does not affect the liability incurred in respect of the
application under regulation 3 of the Goods Vehicles (Licensing of
Operators) (Fees) Regulations 1995 (S.I. 1995/3000S.I. 1995/3000) (which requires
20payment of a fee on an application for variation for which publication
is required by section 17(3) of the 1995 Act).

(8) The power to give a direction under subsection (2) includes power to
vary or revoke the direction.

(9) In exercising functions under this section, the traffic commissioner
25must act under the general directions of, and have regard to guidance
given by, the senior traffic commissioner.

(10) In this section, “operator’s licence” has the same meaning as in the 1995
Act (see section 2(1) of that Act).”

Supplementary

10 30Commencement and duration, extent and application, and short title

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

(2) Sections 4 to 9 are repealed at the end of the London Olympics period within
the meaning of the London Olympic Games and Paralympic Games Act 2006
35(see section 1 of that Act).

(3) Subsection (2) does not affect any liability incurred, or prevent any liability
arising, by virtue of a provision of that Act in respect of a contravention to
which a penalty charge is applicable; and a penalty charge may be imposed in
respect of the contravention as if sections 4 to 8 had not been repealed.

(4) 40Nothing in subsection (3) affects section 16 of the Interpretation Act 1978
(general savings on repeal).

(5) Sections 1, 2 and 9 extend to England and Wales and Scotland.

(6) Section 3 and this section extend to England and Wales, Scotland and Northern
Ireland.

(7) Sections 4 to 8 extend to England and Wales only.

(8) Section 3 applies in respect of anything done whether in the United Kingdom
5or elsewhere.

(9) Sections 4 to 8 apply only in relation to—

(a) places in England, and

(b) things done in or in respect of England.

(10) This Act may be cited as the London Olympic Games and Paralympic Games
10(Amendment) Act 2011.