London Olympics Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

London Olympics Bill

London Olympics Bill
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Advertising
17
Advertising regulations
(1)
The Secretary of State shall make regulations about advertising in the vicinity
of London Olympic events.
(2)
In making the regulations the Secretary of State—
5
(a)
shall aim to secure compliance with obligations imposed on any person
by the Host City Contract,
(b)
shall have regard to any requests or guidance from the International
Olympic Committee, and
(c)
may also have regard to amenity and public safety.
10
(3)
The regulations shall specify, or provide criteria for determining—
(a)
the places in respect of advertising in which the regulations apply,
(b)
the nature of the advertising in respect of which the regulations apply,
and
(c)
what is, or is not, to be treated for the purposes of the regulations as
15
advertising in the vicinity of a place.
(4)
The regulations may apply in respect of advertising of any kind including, in
particular—
(a)
advertising of a non-commercial nature, and
(b)
announcements or notices of any kind.
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(5)
The regulations may apply in respect of advertising in any form including, in
particular—
(a)
the distribution or provision of documents or articles,
(b)
the display or projection of words, images, lights or sounds, and
(c)
things done with or in relation to material which has or may have
25
purposes or uses other than as an advertisement.
(6)
The regulations shall specify, or provide criteria for determining, the period of
time during which they apply; and—
(a)
the regulations shall apply only for such time as the Secretary of State
considers necessary for the purpose of securing compliance with
30
obligations imposed on any person by the Host City Contract, and
(b)
the regulations may apply during different periods in respect of
different places.
(7)
The regulations shall permit, subject to any specified conditions, advertising
undertaken or controlled by—
35
(a)
any person specified in the regulations as appearing to the Secretary of
State to have responsibility in accordance with the Host City Contract
for the control of advertising in relation to the London Olympics (“a
responsible body”), or
(b)
any person authorised by a responsible body (whether or not subject to
40
terms and conditions and whether or not in accordance with a
sponsorship or other commercial agreement).
(8)
The regulations—
(a)
may prohibit action of a specified kind or in specified circumstances,
(b)
may impose obligations on persons who—
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(i)
take action in relation to an advertisement, or
(ii)
have an interest in or responsibility for a product or service to
which an advertisement relates,
(c)
may impose obligations on persons who own, occupy or have
responsibility for the management of land, premises or other property,
5
(d)
may, in particular, impose on a person an obligation to take steps to
ensure—
(i)
that other persons do not take action of a particular kind;
(ii)
that a situation is not permitted to continue, and
(e)
shall have effect despite any consent or permission granted (whether
10
before or after the commencement of the regulations) by any
landowner, local authority or other person.
18
Regulations: supplemental
(1)
Regulations under section 17—
(a)
may, to a specified extent or for specified purposes, disapply or modify
15
specified enactments relating to planning or the control of advertising,
(b)
may apply (with or without modifications) or make provision similar
to any enactment (including, but not limited to, provisions of Chapter
III of Part VIII of the Town and Country Planning Act 1990 (c. 8)
(control of advertising) and regulations under that Chapter)),
20
(c)
may provide for exceptions (in addition to those referred to in section
17(7)) which may be expressed by reference to the nature of
advertising, its purpose, the circumstances of its display or any other
matter (which may include the consent of a specified person),
(d)
may make provision for application, with any specified modifications
25
or exceptions, to the Crown,
(e)
may make provision which applies generally or only for specified
purposes or in specified circumstances,
(f)
may make different provision for different purposes or circumstances,
and
30
(g)
may apply in relation to advertising whether or not it consists of the
result or continuation of activity carried out before the regulations
come into force.
(2)
Regulations under section 17—
(a)
shall be made by statutory instrument, and
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(b)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(3)
Before making regulations under section 17 the Secretary of State—
(a)
shall consult such authorities, with responsibilities for planning in
respect of places to which the regulations apply or may apply, as he
40
thinks appropriate,
(b)
shall consult the Olympic Delivery Authority, and
(c)
shall consult the London Organising Committee.
(4)
If regulations under section 17 would be treated as a hybrid instrument for the
purposes of the standing orders of either House of Parliament, they shall
45
proceed in that House as if they were not a hybrid instrument.

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19
Offence
(1)
A person commits an offence if he contravenes regulations under section 17.
(2)
It shall be a defence for a person charged with an offence under subsection (1)
to prove that the contravention of the regulations occurred—
(a)
without his knowledge, or
5
(b)
despite his taking all reasonable steps to prevent it from occurring or
(where he became aware of it after its commencement) from
continuing.
(3)
A person guilty of an offence under subsection (1) shall be liable—
(a)
on conviction on indictment, to a fine, or
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(b)
on summary conviction, to a fine not exceeding £20,000.
(4)
A court by or before which a person is convicted of an offence under subsection
(1) may require him to pay to a police authority or to the Olympic Delivery
Authority sums in respect of expenses reasonably incurred in taking action
under section 20(1) in relation to the matters to which the offence relates.
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20
Enforcement: power of entry
(1)
A constable or enforcement officer may—
(a)
enter land or premises on which they reasonably believe a
contravention of regulations under section 17 is occurring (whether by
reason of advertising on that land or premises or by the use of that land
20
or premises to cause an advertisement to appear on other land or
premises);
(b)
remove, destroy, conceal or erase any infringing article;
(c)
when entering land under paragraph (a), be accompanied by one or
more persons for the purpose of taking action under paragraph (b);
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(d)
use, or authorise the use of, reasonable force for the purpose of taking
action under this subsection.
(2)
The power to enter land or premises may be exercised only at a time that a
constable or enforcement officer thinks reasonable having regard to the nature
and circumstances of the contravention of regulations under section 17.
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(3)
Before entering land or premises a constable or enforcement officer must take
reasonable steps to—
(a)
establish the identity of an owner, occupier or person responsible for
the management of the land or premises or of any infringing article on
the land or premises, and
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(b)
give any owner, occupier or responsible person identified under
paragraph (a) such opportunity as seems reasonable to the constable or
enforcement officer in the circumstances of the case to end the
contravention of the regulations (whether by removing, destroying or
concealing any infringing article or otherwise).
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(4)
The power to enter premises may be exercised in relation to a dwelling only in
accordance with a warrant issued by a justice of the peace; and a justice of the
peace may issue a warrant only if satisfied on the application of a constable or
enforcement officer that—

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(a)
there are reasonable grounds to believe a contravention of regulations
under section 17 is occurring in the dwelling or on land that can
reasonably be entered only through the dwelling,
(b)
the constable or enforcement officer has complied with subsection (3),
(c)
the constable or enforcement officer has taken reasonable steps to give
5
notice to persons likely to be interested of his intention to apply for a
warrant, and
(d)
that it is reasonable in the circumstances of the case to issue a warrant.
(5)
The power to remove an article may be exercised only if the constable or
enforcement officer thinks it necessary for the purpose of—
10
(a)
ending the contravention of regulations under section 17,
(b)
preventing a future contravention of the regulations,
(c)
enabling the article to be used as evidence in proceedings for an offence
under section 19, or
(d)
enabling the article to be forfeited in accordance with section 143 of the
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Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
(6)
An article removed—
(a)
if removed by an enforcement officer, shall as soon as is reasonably
practicable be delivered to a constable, and
(b)
whether removed by or delivered to a constable, shall be treated as if
20
acquired by the constable in the course of the investigation of an
offence.
(7)
Having exercised a power under this section a constable or enforcement
officer—
(a)
shall take reasonable steps to leave the land or premises secure, and
25
(b)
shall comply with any provision of regulations under section 17 about
informing specified persons of what the constable or enforcement
officer has done.
(8)
Regulations under section 17 shall include provision enabling a person whose
property is damaged in the course of the exercise or purported exercise of a
30
power under this section (other than a person responsible for a contravention
of the regulations or for the management of an infringing article) to obtain
compensation from a police authority or the Olympic Delivery Authority; and
the regulations may, in particular, include provision—
(a)
conferring jurisdiction on a court or tribunal;
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(b)
about appeals.
(9)
A police authority or the Olympic Delivery Authority may recover from a
person responsible for the contravention of the regulations, as if it were a debt,
the reasonable costs of taking action under this section.
(10)
In this section—
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“enforcement officer” means a person designated for the purposes of that
subsection by the Olympic Delivery Authority (and paragraph 29(1)(a)
to (d) of Schedule 1 shall apply to an enforcement officer whether or not
he is a member of the Authority’s staff), and
“infringing article” means—
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(a)
an advertisement which contravenes regulations under section
17, and

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(b)
any other thing that constitutes a contravention of regulations
under section 17 or is being used in connection with a
contravention of the regulations.
21
Role of Olympic Delivery Authority
(1)
The Olympic Delivery Authority shall make arrangements to have the effect of
5
regulations made or expected to be made under section 17 brought to the
attention of persons likely to be affected or interested.
(2)
In exercising their function under subsection (1) the Authority shall—
(a)
aim to give two years’ notice of the general nature of the regulations,
and
10
(b)
aim to give six months’ notice of the detailed provisions of the
regulations.
(3)
The Olympic Delivery Authority—
(a)
shall make available to persons who are or may be affected by
regulations under section 17 advice about the effect or likely effect of
15
the regulations, and
(b)
may give assistance (which may include financial assistance) in
complying with or avoiding breaches of the regulations.
(4)
The Olympic Delivery Authority shall—
(a)
prepare a strategy for the exercise of their functions under this section
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and under section 20,
(b)
submit the strategy to the Secretary of State,
(c)
revise the strategy until it obtains the Secretary of State’s approval, and
(d)
publish the strategy as approved.
22
Local planning authorities
25
(1)
The Secretary of State may by order require a specified local planning authority
who grant advertising consent to a person to notify him of the effect of—
(a)
section 17(8)(e), and
(b)
any regulations under section 17.
(2)
In subsection (1) “advertising consent” means consent of such kind as the order
30
shall specify.
(3)
An order under subsection (1)—
(a)
shall be made by statutory instrument, and
(b)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
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Trading
23
Street trading, &c.
(1)
The Secretary of State shall make regulations about trading in the vicinity of
London Olympic events.
(2)
In making the regulations the Secretary of State—
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(a)
shall aim to secure compliance with obligations imposed on any person
by the Host City Contract,
(b)
shall have regard to any requests or guidance from the International
Olympic Committee, and
(c)
may also have regard to amenity and public safety (including in each
5
case the need to avoid congestion).
(3)
The regulations shall specify, or provide criteria for determining—
(a)
the places in respect of which the regulations apply,
(b)
the nature of the trading in respect of which the regulations apply, and
(c)
what is, or is not, to be treated for the purposes of the regulations as
10
trading in the vicinity of a place.
(4)
The regulations may apply only in respect of trading which takes place—
(a)
on a highway, or
(b)
in another place—
(i)
to which the public have access (whether generally or only for
15
the purpose of the trading), and
(ii)
which is not in any building other than one designed or
generally used for the parking of cars.
(5)
The regulations shall specify, or provide criteria for determining, the period of
time during which they apply; and—
20
(a)
the regulations shall apply only for such time as the Secretary of State
considers necessary for the purpose of securing compliance with
obligations imposed on any person by the Host City Contract, and
(b)
the regulations may apply during different periods in respect of
different places.
25
(6)
The regulations shall permit, subject to any specified conditions, trading in
accordance with an authorisation granted by—
(a)
the Olympic Delivery Authority, or
(b)
a person to whom the function of granting authorisations for the
purpose of this subsection is delegated by the Authority (and the
30
Authority may delegate the function to different persons in respect of
different areas or activities).
(7)
An authorisation may be subject to terms and conditions; in particular—
(a)
an authorisation may be subject to terms and conditions about the times
at which trading is carried out or about steps to be taken in respect of
35
congestion, litter or noise, and
(b)
an authorisation granted to a person may be subject to terms and
conditions which are inconsistent with, or more onerous than, the
terms and conditions of any other licence held by the person in respect
of trading.
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(8)
The regulations shall include provision about the circumstances in which
authorisations under subsection (6) may and may not be granted; and the
regulations may, in particular—
(a)
stipulate that an authorisation be granted in respect of a place only if a
specified kind of licence exists in respect of trading in that place;
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(b)
stipulate that an authorisation be granted in respect of a place only if it
is designated for a specified purpose in accordance with a specified
enactment;

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(c)
stipulate that an authorisation be granted to a person only if he holds a
specified kind of licence in respect of trading;
(d)
stipulate that an authorisation may be granted for trading in the course
of a fair or market (which the regulations may define) only where—
(i)
the fair or market is held in accordance with a specified kind of
5
licence or right, and
(ii)
any other specified conditions are satisfied;
(e)
require the Authority to have regard to the provisions of the Host City
Contract;
(f)
confer, subject to provisions of the regulations, an absolute discretion
10
in respect of each application for authorisation.
24
Section 23: supplemental
(1)
Regulations under section 23—
(a)
may, to a specified extent or for specified purposes, disapply or modify
specified enactments relating to trading (which may include
15
enactments conferring rights to conduct a fair or market),
(b)
may apply (with or without modifications) or make provision similar
to any enactment (which may include provision conferring a right of
appeal in respect of the refusal of an authorisation),
(c)
may provide for exceptions which may be expressed by reference to the
20
nature of trading, its circumstances, the application of profits or any
other matter (which may include the consent of a specified person),
(d)
may make provision which applies generally or only for specified
purposes or in specified circumstances, and
(e)
may make different provision for different purposes or circumstances.
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(2)
Regulations under section 23—
(a)
shall be made by statutory instrument, and
(b)
may not be made unless a draft has been laid before and approved by
resolution of each House of Parliament.
(3)
Before making regulations under section 23 the Secretary of State—
30
(a)
shall consult such authorities, with responsibilities for the licensing of
trading in respect of places to which the regulations apply or may
apply, as he thinks appropriate,
(b)
shall consult the Olympic Delivery Authority, and
(c)
shall consult the London Organising Committee.
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(4)
Regulations under section 23 shall have effect despite any licence granted
(whether before or after the commencement of the regulations)—
(a)
by any landowner, local authority or other person, or
(b)
by or by virtue of any enactment, Charter or other document.
(5)
If regulations under section 23 would be treated as a hybrid instrument for the
40
purposes of the standing orders of either House of Parliament, they shall
proceed in that House as if they were not a hybrid instrument.
(6)
In section 23 and this section “licence” includes any kind of consent, certificate,
permission or authority (by whatever name).