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London Olympics Bill


London Olympics Bill

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25      

Offence

(1)   

A person commits an offence if he contravenes regulations under section 23.

(2)   

A person guilty of an offence under subsection (1) shall be liable—

(a)   

on conviction on indictment, to a fine, or

(b)   

on summary conviction, to a fine not exceeding £20,000.

5

26      

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 23 is occurring;

(b)   

remove any infringing article;

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(c)   

when entering land under paragraph (a), be accompanied by one or

more persons for the purpose of taking action under paragraph (b);

(d)   

use, or authorise the use of, reasonable force for the purpose of taking

action under this subsection.

(2)   

The power to remove an article may be exercised only if the constable or

15

enforcement officer thinks it necessary for the purpose of—

(a)   

ending the contravention of regulations under section 23,

(b)   

preventing a future contravention of the regulations,

(c)   

enabling the article to be used as evidence in proceedings for an offence

under section 25, or

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(d)   

enabling the article to be forfeited in accordance with section 143 of the

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

(3)   

An article removed shall be returned when retention is no longer justified by a

matter specified in subsection (2)(a) to (d); but this subsection does not apply

to perishable articles which have ceased to be usable for trade.

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(4)   

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

(b)   

shall comply with any provision of regulations under section 23 about

informing specified persons of what the constable or enforcement

30

officer has done.

(5)   

Regulations under section 23 shall include provision enabling a person whose

property is damaged in the course of the exercise or purported exercise of a

power under this section (other than a person responsible for a contravention

of the regulations) to obtain compensation from a police authority or the

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Olympic Delivery Authority; and the regulations may, in particular, include

provision—

(a)   

conferring jurisdiction on a court or tribunal;

(b)   

about appeals.

(6)   

A police authority or the Olympic Delivery Authority may recover from a

40

person responsible for the contravention of regulations under section 23, as if

it were a debt, the reasonable costs of taking action under this section.

(7)   

In this section—

“enforcement officer” means a person designated for the purposes of that

subsection by the Olympic Delivery Authority (and paragraph 29(1)(a)

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London Olympics Bill

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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—

(a)   

an article that is being offered for trade in contravention of

regulations under section 23 or is otherwise being used in

5

connection with a contravention of the regulations, and

(b)   

anything (other than a vehicle) containing an article to which

paragraph (a) applies.

27      

Role of Olympic Delivery Authority

(1)   

The Olympic Delivery Authority shall—

10

(a)   

make arrangements to have the effect of regulations made or expected

to be made under section 23 brought to the attention of persons likely

to be affected or interested, and

(b)   

work with persons likely to be prevented by regulations under section

23 from carrying out their habitual trading activities in attempting to

15

identify acceptable alternatives.

(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

(b)   

aim to give six months’ notice of the detailed provisions of the

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regulations.

(3)   

The Olympic Delivery Authority—

(a)   

shall make available to persons who are or may be affected by

regulations under section 23 advice about the effect or likely effect of

the regulations, and

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(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

and under or by virtue of sections 23 and 26,

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(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.

28      

Other authorities

(1)   

The Secretary of State may by order require specified persons to give

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information about the effect or likely effect of regulations under section 23 to

persons falling within a specified class.

(2)   

In particular, the order may require a person who grants a consent, certificate,

permission or authority (by whatever name) to inform the recipient of the

effect of section 24(4).

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(3)   

An order under this section—

(a)   

shall be made by statutory instrument, and

(b)   

shall be subject to annulment in pursuance of a resolution of either

House of Parliament.

 
 

London Olympics Bill

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29      

Sale of tickets

(1)   

A person commits an offence if he sells an Olympic ticket—

(a)   

in a public place or in the course of a business, and

(b)   

otherwise than in accordance with a written authorisation issued by the

London Organising Committee.

5

(2)   

For the purposes of subsection (1)—

(a)   

“Olympic ticket” means anything which is or purports to be a ticket for

one or more London Olympic events,

(b)   

a reference to selling a ticket includes a reference to—

(i)   

offering to sell a ticket,

10

(ii)   

exposing a ticket for sale,

(iii)   

advertising that a ticket is available for purchase, and

(iv)   

giving, or offering to give, a ticket to a person who pays or

agrees to pay for some other goods or services, and

(c)   

a person shall (without prejudice to the generality of subsection (1)(a))

15

be treated as acting in the course of a business if he does anything as a

result of which he makes a profit or aims to make a profit.

(3)   

A person does not commit an offence under subsection (1) by advertising that

a ticket is available for purchase if—

(a)   

the sale of the ticket if purchased would be in the course of a business

20

only by reason of subsection (2)(c), and

(b)   

the person does not know, and could not reasonably be expected to

discover, that subsection (2)(c) would apply to the sale.

(4)   

A person guilty of an offence under subsection (1) shall be liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

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(5)   

Section 32(2)(b) of the Police and Criminal Evidence Act 1984 (c. 60) (power to

search premises) shall, in its application to the offence under subsection (1)

above, permit the searching of a vehicle which a constable reasonably thinks

was used in connection with the offence.

(6)   

Subsection (7) applies where a person in Scotland is arrested in connection

30

with the commission of an offence under subsection (1).

(7)   

For the purposes of recovering evidence relating to the offence, a constable in

Scotland may without warrant enter and search—

(a)   

premises in which the person was when arrested or immediately before

he was arrested, and

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(b)   

a vehicle which the constable reasonably believes is being used or was

used in connection with the offence.

(8)   

Subsection (7) is without prejudice to any power of entry or search which is

otherwise exercisable by a constable in Scotland.

(9)   

The London Organising Committee shall make arrangements for the grant of

40

authorisations under subsection (1)(b); and the arrangements may, in

particular—

(a)   

make provision about charges;

(b)   

enable the Committee to exercise unfettered discretion.

(10)   

In this section a reference to a London Olympic event includes a reference to

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an event held by way of a pre-Olympic event in accordance with arrangements

 
 

London Olympics Bill

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made by the London Organising Committee in pursuance of paragraph 7 of the

Bye-Law to Rule 49 of the Olympic Charter.

Miscellaneous

30      

Olympic Symbol etc. (Protection) Act 1995

Schedule 2 (which amends the Olympic Symbol etc. (Protection) Act 1995 (c.

5

32)) shall have effect.

31      

London Olympics association right

Schedule 3 (which creates the London Olympics association right) shall have

effect.

32      

Greater London Authority: powers

10

(1)   

The Greater London Authority may do anything—

(a)   

for the purpose of complying with an obligation of the Mayor of

London under the Host City Contract (whether before, during or after

the London Olympics),

(b)   

for a purpose connected with preparing for or managing the London

15

Olympics, or

(c)   

for a purpose connected with anything done in accordance with

paragraph (a) or (b).

(2)   

In particular, the Greater London Authority may—

(a)   

arrange for the construction, improvement or adaptation of premises or

20

facilities of any description;

(b)   

arrange for the provision of services of any description;

(c)   

undertake works of any description;

(d)   

acquire land or other property;

(e)   

enter into agreements;

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(f)   

act jointly or cooperate with any person (whether or not having

functions under the Host City Contract);

(g)   

give financial or other assistance to persons in respect of activity

connected with the London Olympics (whether or not the activity is

undertaken in pursuance of an agreement with the Authority);

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(h)   

take action in respect of places outside London.

(3)   

In exercising the function under subsection (1) the Authority shall have regard

to the desirability of consulting and cooperating with—

(a)   

the Secretary of State,

(b)   

the British Olympic Association,

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(c)   

the London Organising Committee, and

(d)   

other persons with experience or knowledge which might be useful in

relation to preparing for or managing the London Olympics.

(4)   

In exercising the function under subsection (1) the Authority shall have regard

to the desirability of maximising the benefits to be derived after the London

40

Olympics from things done in preparation for them.

 
 

London Olympics Bill

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(5)   

In so far as section 38 of the Greater London Authority Act 1999 (c. 29)

(delegation) permits the delegation of a function under this section to the

London Development Agency, section 38(7) of that Act shall not have the effect

of disapplying section 5(2) and (3) of the Regional Development Agencies Act

1998 (c. 45) (requirement for Secretary of State’s consent for certain activities;

5

and limitations in respect of the provision of housing).

33      

Section 32: supplemental

(1)   

Financial assistance under section 32(2)(g) may be given on terms or conditions

(which may, in particular, include terms or conditions for repayment with or

without interest).

10

(2)   

The Greater London Authority may accept contributions towards expenditure

in connection with the London Olympics.

(3)   

The Secretary of State may, after the conclusion of the London Olympics,

repeal section 32 and this section by order made by statutory instrument; and

the order may—

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(a)   

include savings (which may include provision saving, to such extent as

may be specified and whether or not subject to modifications, the effect

of a provision of the Greater London Authority Act 1999 or another

primary or subordinate enactment in so far as it applies in relation to

section 32);

20

(b)   

include transitional provision (which may include provision relating to

the effect of a provision of an enactment in so far as it applies in relation

to section 32);

(c)   

include provision for the transfer of property, rights or liabilities

(which may, in particular, include provision for transfer—

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(i)   

to the Secretary of State or to any other person whether or not

exercising functions of a public nature;

(ii)   

on terms and conditions, whether as to payment or otherwise;

(iii)   

of liabilities whether arising under the Host City Contract or

otherwise;

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(iv)   

of rights or liabilities in relation to legal proceedings);

(d)   

include provision of any other kind relating to the management,

control or treatment of anything constructed or done in accordance

with section 32(1);

(e)   

include incidental or consequential provision;

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(f)   

make provision having effect generally or only for specified cases or

purposes;

(g)   

make different provision for different cases or purposes.

(4)   

Before making an order under subsection (3) the Secretary of State shall consult

the Mayor of London.

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(5)   

An order under subsection (3) shall be subject to annulment in pursuance of a

resolution of either House of Parliament.

34      

Regional development agencies

(1)   

The purposes of a regional development agency (listed in section 4 of the

Regional Development Agencies Act 1998) shall include the purpose of

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preparing for the London Olympics.

 
 

London Olympics Bill

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(2)   

But a regional development agency shall not do anything by virtue only of

subsection (1) except at the request of the Olympic Delivery Authority.

General

35      

Northern Ireland  

In its application to Northern Ireland this Act has effect as if—

5

(a)   

references to an enactment included references to Northern Ireland

legislation,

(b)   

references to a police authority were references to the Northern Ireland

Policing Board,

(c)   

references to a justice of the peace were references to a lay magistrate,

10

(d)   

references to a local planning authority were references to the

Department of the Environment in Northern Ireland,

(e)   

references to a highway were references to a road (within the meaning

of the Roads (Northern Ireland) Order 1980 (S.I. 1980/1085 (N.I. 11)),

(f)   

references to a local authority were references to a district council,

15

(g)   

the reference in section 26(2)(d) to section 143 of the Powers of Criminal

Courts (Sentencing) Act 2000 (c. 6) were a reference to Article 11 of the

Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 N.I. 15)),

(h)   

the reference in section 29(5) to section 32(2)(b) of the Police and

Criminal Evidence Act 1984 (c. 60) were a reference to Article 34(2)(b)

20

of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I.

1989/1341 (N.I. 12)), and

(i)   

for section 36 there were substituted—

       

“In Article 26(2) of the Police and Criminal Evidence (Northern

25

Ireland) Order 1989 (arrestable offences) at the end add—

“(r)   

offences under section 19(1), 25(1) or 29(1) of the London

Olympics Act 2005 (unauthorised advertising, trading and

ticket sales).”

36      

Offences: arrest

30

(1)   

At the end of Schedule 1A to the Police and Criminal Evidence Act 1984

(arrestable offences) add—

“London Olympics Act 2005

27B        

An offence under section 19(1), 25(1) or 29(1) of the London

Olympics Act 2005 (unauthorised advertising, trading and ticket-

35

sales).”

(2)   

A constable in Scotland may arrest without warrant a person who the constable

reasonably believes is committing or has committed an offence under section

19(1), 25(1) or 29(1).

(3)   

Subsection (2) is without prejudice to any power of arrest which is otherwise

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exercisable by a constable in Scotland.

 
 

 
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