|
| |
|
| |
(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; |
| 10 |
(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 |
| |
| 20 |
(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. |
| 25 |
(4) | Having exercised a power under this section a constable or enforcement |
| |
| |
(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 |
| |
(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 |
| 35 |
Olympic Delivery Authority; and the regulations may, in particular, include |
| |
| |
(a) | conferring jurisdiction on a court or tribunal; |
| |
| |
(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. |
| |
| |
“enforcement officer” means a person designated for the purposes of that |
| |
subsection by the Olympic Delivery Authority (and paragraph 29(1)(a) |
| 45 |
|
| |
|
| |
|
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 |
| |
| |
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, |
| |
| |
(b) | aim to give six months’ notice of the detailed provisions of the |
| 20 |
| |
(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 |
| |
| 25 |
(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, |
| 30 |
(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. |
| |
| |
(1) | The Secretary of State may by order require specified persons to give |
| 35 |
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 |
| |
| 40 |
(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 |
| |
| |
|
| |
|
| |
|
| |
(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. |
| 25 |
(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 |
| |
| 35 |
(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 |
| |
| |
(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 |
| 45 |
an event held by way of a pre-Olympic event in accordance with arrangements |
| |
|
| |
|
| |
|
made by the London Organising Committee in pursuance of paragraph 7 of the |
| |
Bye-Law to Rule 49 of the Olympic Charter. |
| |
| |
30 | Olympic Symbol etc. (Protection) Act 1995 |
| |
Schedule 2 (which amends the Olympic Symbol etc. (Protection) Act 1995 (c. |
| 5 |
| |
31 | London Olympics association right |
| |
Schedule 3 (which creates the London Olympics association right) shall have |
| |
| |
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 |
| |
| |
(b) | for a purpose connected with preparing for or managing the London |
| 15 |
| |
(c) | for a purpose connected with anything done in accordance with |
| |
| |
(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; |
| 25 |
(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); |
| 30 |
(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, |
| 35 |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| 15 |
(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 |
| |
| 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 |
| |
| |
(c) | include provision for the transfer of property, rights or liabilities |
| |
(which may, in particular, include provision for transfer— |
| 25 |
(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 |
| |
| 30 |
(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 |
| |
| |
(e) | include incidental or consequential provision; |
| 35 |
(f) | make provision having effect generally or only for specified cases or |
| |
| |
(g) | make different provision for different cases or purposes. |
| |
(4) | Before making an order under subsection (3) the Secretary of State shall consult |
| |
| 40 |
(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 |
| 45 |
preparing for the London Olympics. |
| |
|
| |
|
| |
|
(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. |
| |
| |
| |
In its application to Northern Ireland this Act has effect as if— |
| 5 |
(a) | references to an enactment included references to Northern Ireland |
| |
| |
(b) | references to a police authority were references to the Northern Ireland |
| |
| |
(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 |
| |
| |
| 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 |
| |
(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 |
| |
| |
(3) | Subsection (2) is without prejudice to any power of arrest which is otherwise |
| 40 |
exercisable by a constable in Scotland. |
| |
|
| |
|