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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37
Commencement and duration
(1)
The following provisions of this Act shall come into force on Royal Assent—
(a)
section 1,
(b)
sections 3 to 5 and Schedule 1,
(c)
sections 32 and 33(1) and (2),
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(d)
section 30 and Schedule 2, and
(e)
section 31 and Schedule 3.
(2)
The other preceding provisions of this Act shall come into force in accordance
with provision made by order of the Secretary of State; and an order—
(a)
may make provision generally or only for specified purposes,
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(b)
may make different provision for different purposes,
(c)
may include transitional or incidental provision, and
(d)
shall be made by statutory instrument.
(3)
Despite subsection (1)(d), for the purposes of criminal proceedings under a
provision of the Olympic Symbol etc. (Protection) Act 1995 (c. 32) in respect of
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anything done before the end of the period of two months beginning with the
date on which this Act receives Royal Assent, no account shall be taken of any
amendment made of that Act by Schedule 2 to this Act.
(4)
Sections 8 to 16 (including any power to make orders or give directions) shall
cease to have effect at the end of the London Olympics period.
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(5)
Section 31 and Schedule 3 shall cease to have effect at the end of 31st December
2012.
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Extent and application
(1)
The following provisions of this Act extend only to England and Wales—
(a)
section 5,
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(b)
section 6(2) and (4),
(c)
sections 8 to 16, and
(d)
sections 32 and 33.
(2)
The remaining provisions of this Act extend to—
(a)
England and Wales,
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(b)
Scotland, and
(c)
Northern Ireland.
(3)
The provisions specified in subsection (1) shall apply only in relation to—
(a)
places in England, and
(b)
things done in or in respect of England.
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(4)
In their application to things done in Scotland, sections 17 to 28 shall have effect
as if—
(a)
a reference to the Secretary of State were a reference to the Scottish
Ministers, and
(b)
a reference to a resolution of each or either House of Parliament were a
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reference to a resolution of the Scottish Parliament.
(5)
In their application to things done in Wales, sections 17 to 28 shall have effect
as if—

London Olympics Bill
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(a)
a reference to the Secretary of State were a reference to the National
Assembly for Wales, and
(b)
a reference to a resolution of each or either House of Parliament were a
reference to a resolution of the National Assembly for Wales.
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Short title
5
This Act may be cited as the London Olympics Act 2005.

London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 1 — Constitution
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Schedules
Schedule 1
Section 3

The Olympic Delivery Authority
Part 1
Constitution
5
Membership
1     (1)
The Secretary of State shall, having consulted the Mayor of London—
(a)
appoint the members of the Olympic Delivery Authority, and
(b)
appoint one of the members as Chairman.
      (2)
The Secretary of State shall aim to ensure that the Authority has neither less
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than 7 nor more than 11 members at any time.
      (3)
In appointing members of the Authority the Secretary of State shall have
regard to the desirability of their having experience relevant to—
(a)
the nature of the Authority’s functions, and
(b)
the places in relation to which they are likely to be exercised.
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Tenure
2
A person shall hold and vacate office as Chairman or other member of the
Authority in accordance with the terms of his appointment (subject to this
Schedule).
3
The Chairman or another member of the Authority may resign by notice in
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writing to the Secretary of State.
4
The Chairman or another member of the Authority may be removed from
office by the Secretary of State on the grounds that—
(a)
a bankruptcy order has been made against him, his estate has been
sequestrated or he has made a composition or arrangement with, or
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granted a trust deed for, his creditors, or
(b)
the Secretary of State, having consulted the Mayor of London, thinks
that the Chairman or other member is unable, unfit or unwilling to
discharge the functions of his office.
5
A person who ceases, otherwise than by virtue of paragraph 4, to be
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Chairman or another member of the Authority may be re-appointed.
Staff
6     (1)
The Authority shall appoint a chief executive.

London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 1 — Constitution
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      (2)
But the first chief executive shall be appointed by the Secretary of State; and
before making an appointment under this sub-paragraph the Secretary of
State shall consult—
(a)
either—
(i)
the Chairman, or
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(ii)
a person whom the Secretary of State intends to appoint as
Chairman, and
(b)
the Mayor of London.
      (3)
The Authority—
(a)
may not appoint a person as chief executive without the Secretary of
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State’s approval, and
(b)
may (subject to paragraph (a)) appoint the Chairman as chief
executive.
      (4)
The Secretary of State shall consult the Mayor of London before giving
approval for the purpose of sub-paragraph (3)(a).
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7     (1)
The Authority shall appoint a finance director.
      (2)
The Authority may not appoint a person as finance director without the
Secretary of State’s approval.
8     (1)
The Authority shall appoint a director of transport.
      (2)
The Authority may not appoint a person as director of transport without the
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Secretary of State’s approval.
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The Authority may appoint other staff.
Committees
10    (1)
The Authority may establish a committee.
      (2)
A committee—
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(a)
must include a member of the Authority,
(b)
may, with the approval of the Secretary of State, include one or more
persons who are not members of the Authority, and
(c)
may not include staff of the Authority.
11    (1)
A committee of the Authority may establish a sub-committee.
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      (2)
A sub-committee—
(a)
must include a member of the Authority,
(b)
must include a member of the committee that established the sub-
committee,
(c)
may include one or more members of other committees,
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(d)
may, with the approval of the Secretary of State, include one or more
persons who are members neither of a committee of the Authority
nor of the Authority, and
(e)
may not include staff of the Authority.
Status
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12
The Authority shall not be regarded as the servant or agent of the Crown or
as enjoying any status, immunity or privilege of the Crown.

London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 2 — Proceedings
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Supervision
13
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments, &c. subject to investigation) insert at the appropriate place—

“Olympic Delivery Authority.”
Disqualification
5
14
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (other disqualifying offices) insert at the appropriate place—

“Chairman, or member in receipt of remuneration, of the
Olympic Delivery Authority.”
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In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification
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Act 1975 (c. 25) (other disqualifying offices) insert at the appropriate place—

“Chairman, or member in receipt of remuneration, of the
Olympic Delivery Authority.”
Part 2
Proceedings
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Delegation
16
The Authority may delegate a function to—
(a)
a member,
(b)
an employee,
(c)
a committee, or
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(d)
any other person.
17
Where a function is delegated to a committee, the committee may delegate
it to—
(a)
a member of the Authority,
(b)
an employee of the Authority,
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(c)
a member of the committee,
(d)
a sub-committee, or
(e)
any other person.
Secretary of State: guidance and directions
18    (1)
In exercising its functions the Authority shall—
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(a)
have regard to any guidance given by the Secretary of State, and
(b)
comply with any direction given by the Secretary of State.
      (2)
A direction may, in particular—
(a)
require the Authority to accept or assume specified duties, rights or
liabilities under contracts,
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(b)
require the Authority to obtain the Secretary of State’s consent before
taking action of a specified kind,
(c)
require the Authority to provide information,
(d)
relate to the employment of staff, or
(e)
with the consent of the Treasury, relate to—
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(i)
the form of accounts, or

London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 2 — Proceedings
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(ii)
methods and principles for the preparation of accounts.
      (3)
Before giving a direction, other than one of a kind described in sub-
paragraph (2)(e), the Secretary of State shall, unless he thinks it
impracticable because of urgency, consult—
(a)
the Authority, and
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(b)
the Mayor of London.
      (4)
Before giving guidance or a direction which the Secretary of State thinks
may affect Scotland otherwise than in respect of a reserved matter (within
the meaning of the Scotland Act 1998 (c. 46)) the Secretary of State shall
consult the Scottish Ministers.
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Self-regulation
19
The Authority may, subject to this Schedule—
(a)
regulate its own procedure and that of its own committees and sub-
committees (and in particular may specify a quorum for meetings),
and
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(b)
enable committees and sub-committees to regulate their own
procedure (including, in particular, the specification of a quorum for
meetings) subject to any provision made by the Authority.
Conflict of interests
20
A member or employee of the Authority who is involved in the exercise of
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the Authority’s functions in relation to land may not participate in
deliberations or decisions of the Authority acting as a local planning
authority in relation to that land.
Non-discrimination
21
In Part II of Schedule 1A to the Race Relations Act 1976 (c. 74) (bodies subject
25
to general non-discrimination duty) insert, at the appropriate place in the list
headed “Other bodies, &c.”—

“The Olympic Delivery Authority.”
Records
22
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public
30
records) the following entry shall be inserted at the appropriate place in Part
II of the Table at the end of paragraph 3—

“Olympic Delivery Authority.”
23
In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36)
(public authorities: miscellaneous) at the appropriate place insert—
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“The Olympic Delivery Authority.”
Annual report
24    (1)
As soon as is reasonably practicable after the end of each financial year the
Authority shall send to the Secretary of State a report on the exercise of the
Authority’s functions during the year.
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London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 3 — Money
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      (2)
A report must, in particular, specify any direction given to the Authority
under paragraph 18 that had effect during the year to which the report
relates.
      (3)
The Secretary of State shall lay before Parliament a copy of each report
received by him under this paragraph.
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Saving
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The validity of proceedings of the Authority, a committee or a sub-
committee shall not be affected by—
(a)
a vacancy among its members, or
(b)
a defect in the appointment of a person as Chairman or member.
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Part 3
Money
Income
26    (1)
The Secretary of State may give financial assistance to the Authority if he thinks that
other sources of financial assistance will or may be insufficient for a purpose.
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      (2)
Financial assistance under sub-paragraph (1)—
(a)
may take the form of grants, loans, guarantees or indemnities, and
(b)
may be given on conditions (which may include conditions about
repayment with or without interest).
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The Authority may accept gifts.
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Remuneration, &c.
28    (1)
The Authority may pay to the Chairman, another member or a member of a
committee or sub-committee—
(a)
such remuneration as the Secretary of State may determine, and
(b)
such travelling and other allowances as the Secretary of State may
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determine.
      (2)
The Authority may pay to or in respect of the Chairman or another member
such sums as the Secretary of State may determine by way of, or in respect
of, pensions, allowances or gratuities.
      (3)
If the Secretary of State thinks that there are special circumstances that make
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it right for a person ceasing to hold office as Chairman or member of the
Authority to receive compensation, the Authority may pay to him such
compensation as the Secretary of State may determine.
29    (1)
The Authority may pay sums to or in respect of a member or former member
of staff by way of or in respect of—
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(a)
remuneration,
(b)
allowances,
(c)
pensions,
(d)
gratuities, or
(e)
compensation for loss of employment.
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      (2)
In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which