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17 | Advertising regulations |
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(1) | The Secretary of State shall make regulations about advertising in the vicinity |
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of London Olympic events. |
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(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 |
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by the Host City Contract, |
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(b) | shall have regard to any requests or guidance from the International |
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(c) | may also have regard to amenity and public safety. |
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(3) | The regulations shall specify, or provide criteria for determining— |
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(a) | the places in respect of advertising in which the regulations apply, |
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(b) | the nature of the advertising in respect of which the regulations apply, |
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(c) | what is, or is not, to be treated for the purposes of the regulations as |
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advertising in the vicinity of a place. |
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(4) | The regulations may apply in respect of advertising of any kind including, in |
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(a) | advertising of a non-commercial nature, and |
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(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 |
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(a) | the distribution or provision of documents or articles, |
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(b) | the display or projection of words, images, lights or sounds, and |
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(c) | things done with or in relation to material which has or may have |
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purposes or uses other than as an advertisement. |
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(6) | The regulations shall specify, or provide criteria for determining, the period of |
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time during which they apply; and— |
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(a) | the regulations shall apply only for such time as the Secretary of State |
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considers necessary for the purpose of securing compliance with |
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obligations imposed on any person by the Host City Contract, and |
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(b) | the regulations may apply during different periods in respect of |
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(7) | The regulations shall permit, subject to any specified conditions, advertising |
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undertaken or controlled by— |
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(a) | any person specified in the regulations as appearing to the Secretary of |
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State to have responsibility in accordance with the Host City Contract |
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for the control of advertising in relation to the London Olympics (“a |
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(b) | any person authorised by a responsible body (whether or not subject to |
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terms and conditions and whether or not in accordance with a |
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sponsorship or other commercial agreement). |
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(a) | may prohibit action of a specified kind or in specified circumstances, |
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(b) | may impose obligations on persons who— |
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(i) | take action in relation to an advertisement, or |
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(ii) | have an interest in or responsibility for a product or service to |
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which an advertisement relates, |
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(c) | may impose obligations on persons who own, occupy or have |
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responsibility for the management of land, premises or other property, |
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(d) | may, in particular, impose on a person an obligation to take steps to |
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(i) | that other persons do not take action of a particular kind; |
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(ii) | that a situation is not permitted to continue, and |
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(e) | shall have effect despite any consent or permission granted (whether |
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before or after the commencement of the regulations) by any |
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landowner, local authority or other person. |
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18 | Regulations: supplemental |
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(1) | Regulations under section 17— |
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(a) | may, to a specified extent or for specified purposes, disapply or modify |
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specified enactments relating to planning or the control of advertising, |
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(b) | may apply (with or without modifications) or make provision similar |
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to any enactment (including, but not limited to, provisions of Chapter |
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III of Part VIII of the Town and Country Planning Act 1990 (c. 8) |
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(control of advertising) and regulations under that Chapter)), |
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(c) | may provide for exceptions (in addition to those referred to in section |
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17(7)) which may be expressed by reference to the nature of |
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advertising, its purpose, the circumstances of its display or any other |
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matter (which may include the consent of a specified person), |
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(d) | may make provision for application, with any specified modifications |
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or exceptions, to the Crown, |
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(e) | may make provision which applies generally or only for specified |
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purposes or in specified circumstances, |
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(f) | may make different provision for different purposes or circumstances, |
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(g) | may apply in relation to advertising whether or not it consists of the |
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result or continuation of activity carried out before the regulations |
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(2) | Regulations under section 17— |
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(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 |
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resolution of each House of Parliament. |
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(3) | Before making regulations under section 17 the Secretary of State— |
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(a) | shall consult such authorities, with responsibilities for planning in |
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respect of places to which the regulations apply or may apply, as he |
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(b) | shall consult the Olympic Delivery Authority, and |
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(c) | shall consult the London Organising Committee. |
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(4) | If regulations under section 17 would be treated as a hybrid instrument for the |
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purposes of the standing orders of either House of Parliament, they shall |
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proceed in that House as if they were not a hybrid instrument. |
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(1) | A person commits an offence if he contravenes regulations under section 17. |
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(2) | It shall be a defence for a person charged with an offence under subsection (1) |
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to prove that the contravention of the regulations occurred— |
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(a) | without his knowledge, or |
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(b) | despite his taking all reasonable steps to prevent it from occurring or |
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(where he became aware of it after its commencement) from |
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(3) | A person guilty of an offence under subsection (1) shall be liable— |
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(a) | on conviction on indictment, to a fine, or |
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(b) | on summary conviction, to a fine not exceeding £20,000. |
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(4) | A court by or before which a person is convicted of an offence under subsection |
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(1) may require him to pay to a police authority or to the Olympic Delivery |
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Authority sums in respect of expenses reasonably incurred in taking action |
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under section 20(1) in relation to the matters to which the offence relates. |
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20 | Enforcement: power of entry |
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(1) | A constable or enforcement officer may— |
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(a) | enter land or premises on which they reasonably believe a |
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contravention of regulations under section 17 is occurring (whether by |
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reason of advertising on that land or premises or by the use of that land |
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or premises to cause an advertisement to appear on other land or |
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(b) | remove, destroy, conceal or erase any infringing article; |
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(c) | when entering land under paragraph (a), be accompanied by one or |
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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 |
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action under this subsection. |
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(2) | The power to enter land or premises may be exercised only at a time that a |
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constable or enforcement officer thinks reasonable having regard to the nature |
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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 |
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(a) | establish the identity of an owner, occupier or person responsible for |
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the management of the land or premises or of any infringing article on |
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the land or premises, and |
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(b) | give any owner, occupier or responsible person identified under |
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paragraph (a) such opportunity as seems reasonable to the constable or |
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enforcement officer in the circumstances of the case to end the |
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contravention of the regulations (whether by removing, destroying or |
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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 |
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accordance with a warrant issued by a justice of the peace; and a justice of the |
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peace may issue a warrant only if satisfied on the application of a constable or |
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enforcement officer that— |
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(a) | there are reasonable grounds to believe a contravention of regulations |
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under section 17 is occurring in the dwelling or on land that can |
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reasonably be entered only through the dwelling, |
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(b) | the constable or enforcement officer has complied with subsection (3), |
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(c) | the constable or enforcement officer has taken reasonable steps to give |
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notice to persons likely to be interested of his intention to apply for a |
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(d) | that it is reasonable in the circumstances of the case to issue a warrant. |
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(5) | The power to remove an article may be exercised only if the constable or |
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enforcement officer thinks it necessary for the purpose of— |
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(a) | ending the contravention of regulations under section 17, |
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(b) | preventing a future contravention of the regulations, |
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(c) | enabling the article to be used as evidence in proceedings for an offence |
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(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). |
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(a) | if removed by an enforcement officer, shall as soon as is reasonably |
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practicable be delivered to a constable, and |
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(b) | whether removed by or delivered to a constable, shall be treated as if |
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acquired by the constable in the course of the investigation of an |
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(7) | Having exercised a power under this section a constable or enforcement |
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(a) | shall take reasonable steps to leave the land or premises secure, and |
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(b) | shall comply with any provision of regulations under section 17 about |
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informing specified persons of what the constable or enforcement |
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(8) | Regulations under section 17 shall include provision enabling a person whose |
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property is damaged in the course of the exercise or purported exercise of a |
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power under this section (other than a person responsible for a contravention |
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of the regulations or for the management of an infringing article) to obtain |
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compensation from a police authority or the Olympic Delivery Authority; and |
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the regulations may, in particular, include provision— |
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(a) | conferring jurisdiction on a court or tribunal; |
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(9) | A police authority or the Olympic Delivery Authority may recover from a |
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person responsible for the contravention of the regulations, as if it were a debt, |
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the reasonable costs of taking action under this section. |
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“enforcement officer” means a person designated for the purposes of that |
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subsection by the Olympic Delivery Authority (and paragraph 29(1)(a) |
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to (d) of Schedule 1 shall apply to an enforcement officer whether or not |
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he is a member of the Authority’s staff), and |
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“infringing article” means— |
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(a) | an advertisement which contravenes regulations under section |
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(b) | any other thing that constitutes a contravention of regulations |
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under section 17 or is being used in connection with a |
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contravention of the regulations. |
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21 | Role of Olympic Delivery Authority |
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(1) | The Olympic Delivery Authority shall make arrangements to have the effect of |
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regulations made or expected to be made under section 17 brought to the |
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attention of persons likely to be affected or interested. |
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(2) | In exercising their function under subsection (1) the Authority shall— |
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(a) | aim to give two years’ notice of the general nature of the regulations, |
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(b) | aim to give six months’ notice of the detailed provisions of the |
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(3) | The Olympic Delivery Authority— |
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(a) | shall make available to persons who are or may be affected by |
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regulations under section 17 advice about the effect or likely effect of |
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(b) | may give assistance (which may include financial assistance) in |
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complying with or avoiding breaches of the regulations. |
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(4) | The Olympic Delivery Authority shall— |
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(a) | prepare a strategy for the exercise of their functions under this section |
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(b) | submit the strategy to the Secretary of State, |
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(c) | revise the strategy until it obtains the Secretary of State’s approval, and |
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(d) | publish the strategy as approved. |
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22 | Local planning authorities |
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(1) | The Secretary of State may by order require a specified local planning authority |
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who grant advertising consent to a person to notify him of the effect of— |
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(a) | section 17(8)(e), and |
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(b) | any regulations under section 17. |
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(2) | In subsection (1) “advertising consent” means consent of such kind as the order |
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(3) | An order under subsection (1)— |
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(a) | shall be made by statutory instrument, and |
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(b) | shall be subject to annulment in pursuance of a resolution of either |
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(1) | The Secretary of State shall make regulations about trading in the vicinity of |
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(2) | In making the regulations the Secretary of State— |
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|
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|
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(a) | shall aim to secure compliance with obligations imposed on any person |
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by the Host City Contract, |
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(b) | shall have regard to any requests or guidance from the International |
| |
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(c) | may also have regard to amenity and public safety (including in each |
| 5 |
case the need to avoid congestion). |
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(3) | The regulations shall specify, or provide criteria for determining— |
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(a) | the places in respect of which the regulations apply, |
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(b) | the nature of the trading in respect of which the regulations apply, and |
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(c) | what is, or is not, to be treated for the purposes of the regulations as |
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trading in the vicinity of a place. |
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(4) | The regulations may apply only in respect of trading which takes place— |
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(i) | to which the public have access (whether generally or only for |
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the purpose of the trading), and |
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(ii) | which is not in any building other than one designed or |
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generally used for the parking of cars. |
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(5) | The regulations shall specify, or provide criteria for determining, the period of |
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time during which they apply; and— |
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(a) | the regulations shall apply only for such time as the Secretary of State |
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considers necessary for the purpose of securing compliance with |
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obligations imposed on any person by the Host City Contract, and |
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(b) | the regulations may apply during different periods in respect of |
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(6) | The regulations shall permit, subject to any specified conditions, trading in |
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accordance with an authorisation granted by— |
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(a) | the Olympic Delivery Authority, or |
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(b) | a person to whom the function of granting authorisations for the |
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purpose of this subsection is delegated by the Authority (and the |
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Authority may delegate the function to different persons in respect of |
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different areas or activities). |
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(7) | An authorisation may be subject to terms and conditions; in particular— |
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(a) | an authorisation may be subject to terms and conditions about the times |
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at which trading is carried out or about steps to be taken in respect of |
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congestion, litter or noise, and |
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(b) | an authorisation granted to a person may be subject to terms and |
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conditions which are inconsistent with, or more onerous than, the |
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terms and conditions of any other licence held by the person in respect |
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(8) | The regulations shall include provision about the circumstances in which |
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authorisations under subsection (6) may and may not be granted; and the |
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regulations may, in particular— |
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(a) | stipulate that an authorisation be granted in respect of a place only if a |
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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 |
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is designated for a specified purpose in accordance with a specified |
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(c) | stipulate that an authorisation be granted to a person only if he holds a |
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specified kind of licence in respect of trading; |
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(d) | stipulate that an authorisation may be granted for trading in the course |
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of a fair or market (which the regulations may define) only where— |
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(i) | the fair or market is held in accordance with a specified kind of |
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(ii) | any other specified conditions are satisfied; |
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(e) | require the Authority to have regard to the provisions of the Host City |
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(f) | confer, subject to provisions of the regulations, an absolute discretion |
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in respect of each application for authorisation. |
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24 | Section 23: supplemental |
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(1) | Regulations under section 23— |
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(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), |
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(b) | may apply (with or without modifications) or make provision similar |
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to any enactment (which may include provision conferring a right of |
| |
appeal in respect of the refusal of an authorisation), |
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(c) | may provide for exceptions which may be expressed by reference to the |
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nature of trading, its circumstances, the application of profits or any |
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other matter (which may include the consent of a specified person), |
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(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, |
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(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 |
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(whether before or after the commencement of the regulations)— |
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(a) | by any landowner, local authority or other person, or |
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(b) | by or by virtue of any enactment, Charter or other document. |
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(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 |
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proceed in that House as if they were not a hybrid instrument. |
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(6) | In section 23 and this section “licence” includes any kind of consent, certificate, |
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permission or authority (by whatever name). |
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