S.C.D.
Amendment Paper as at
Tuesday 18th October 2005
STANDING COMMITTEE D
New Amendments handed in are marked thus *
LONDON OLYMPICS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [13th October].
Mr Don Foster
Jo Swinson
73
Clause 17, page 12, line 3, leave out 'in the vicinity of London Olympics events' and insert 'during the London Olympics period which is displayed in or above stadia, venues and other competition areas that are considered as part of the London Olympic sites'.
Mr Don Foster
Jo Swinson
19
Clause 17, page 12, leave out line 5 and insert—
'(2) 'Regulations made pursuant to subsection (1) above shall not impose any requirement or make any restriction in respect of the display, presentation or content of advertising other than is necesary for the purposes of—'.
Mr Don Foster
Jo Swinson
20
Clause 17, page 12, line 6, leave out 'shall aim to secure' and insert 'securing'.
Mr Don Foster
Jo Swinson
21
Clause 17, page 12, line 8, leave out 'shall have regard to any' and insert 'compliance with any mandatory'.
Mr Don Foster
Jo Swinson
22
Clause 17, page 12, line 8, leave out 'or guidance'.
Mr Don Foster
Jo Swinson
23
Clause 17, page 12, line 10, leave out 'may also have regard to' and insert 'the consideration of'.
Mrs Maria Miller
Hugh Robertson
107
Clause 17, page 12, line 10, leave out 'amenity and' and insert 'securing'.
Mrs Maria Miller
Hugh Robertson
115
*Clause 17, page 12, line 11, leave out ', or provide criteria for determining'.
Mrs Maria Miller
Hugh Robertson
108
Clause 17, page 12, line 12, at end insert 'and'.
Mrs Maria Miller
Hugh Robertson
109
Clause 17, page 12, leave out lines 14 to 16.
Mr Don Foster
Jo Swinson
72
Clause 17, page 12, line 17, leave out from 'kind' to end of line 20.
Mr Don Foster
Jo Swinson
66
Clause 17, page 12, line 21, leave out subsection (5) and insert—
'(5) The regulations shall apply only in respect of the display of advertising in any medium in accordance with subsection (1).'.
Mrs Maria Miller
Hugh Robertson
110
Clause 17, page 12, line 28, after 'apply', insert 'in relation to particular forms of advertising or particular places'.
Mrs Maria Miller
Hugh Robertson
111
Clause 17, page 12, line 29, leave out paragraph (a) and insert—
| '(a) | in any event the regulations shall in no case apply for a period exceeding the London Olympics period, and'. |
Mrs Maria Miller
Hugh Robertson
112
Clause 18, page 13, line 15, leave out from 'may,' to 'disapply' and insert 'for the purposes set out in section 17(2) only,'.
Mr Don Foster
Jo Swinson
31
Clause 18, page 13, line 16, leave out 'control' and insert 'display'.
Mrs Maria Miller
Hugh Robertson
113
Clause 18, page 13, line 16, at end insert 'for a period not exceeding the London Olympics period'.
Mrs Maria Miller
Hugh Robertson
114
Clause 18, page 13, line 31, after 'advertising', insert 'during the London Olympics period'.
Mr Don Foster
Jo Swinson
16
Clause 19, page 14, line 3, leave out subsection (2).
Mr Richard Caborn
74
Clause 20, page 14, line 21, leave out 'on other land or premises);' and insert 'elsewhere);'.
Mr Richard Caborn
49
Clause 21, page 16, line 18, at end insert—
'(3A) The Olympic Delivery Authority may institute criminal proceedings in respect of an offence under section 19.
(3B) Subsection (3A) shall not apply in relation to the institution of proceedings in Scotland or Northern Ireland.'.
Mr Richard Caborn
75
Clause 26, page 19, line 25, at end insert—
'(3A) 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 acquired by the constable in the course of the investigation of an offence; |
but this subsection is subject to subsection (3).'.
Mr Richard Caborn
50
Clause 27, page 20, line 27, at end insert—
'(3A) The Olympic Delivery Authoritymay institute criminal proceedings in respect of an offence under section 25.
(3B) Subsection (3A) shall not apply in relation to the institution of proceedings in Scotland or Northern Ireland.'.
Mr Don Foster
Jo Swinson
12
Clause 29, page 21, line 12, after 'purchase', insert—
'( ) facilitating the advertising of a ticket available for purchase,'.
Mr Richard Caborn
97
Clause 29, page 21, line 23, at end insert—
'(3A) A person does not commit an offence under subsection (1) (whether actual or inchoate) only by virtue of making facilities available in connection with electronic communication or the storage of electronic data.
(3B) Where a person who provides services for electronic communication or for the storage of electronic data discovers that they are being used in connection with the commission of an offence under subsection (1), the defence in subsection (3A) does not apply in respect of continued provision of the services after the shortest time reasonably required to withdraw them.'.
Mr Richard Caborn
76
Schedule 2, page 33, line 23, leave out 'in the course' and insert 'as a necessary incident'.
Mr Richard Caborn
77
Schedule 2, page 33, line 24, at end insert—
| '(aa) | as a necessary incident of publishing or broadcasting information about the Olympic Games,'. |
Mr Richard Caborn
78
Schedule 2, page 33, line 25, leave out 'an artistic work, sound recording, film or broadcast,' and insert 'a literary work, dramatic work, artistic work, sound recording, film or broadcast, within the meaning of Part I of the Copyright, Designs and Patents Act 1988 (c. 48) (copyright),'.
Mr Richard Caborn
79
Schedule 2, page 33, line 27, leave out paragraph (c) and insert—
| '(c) | as an inclusion in an advertisement for a publication or broadcast of a kind described in paragraph (a) or (aa).'. |
Mr Richard Caborn
80
Schedule 2, page 33, line 30, leave out 'protected word' and insert 'controlled representation'.
Mr Richard Caborn
81
Schedule 2, page 33, line 31, leave out 'with' and insert 'between a person, product or service and'.
Mr Richard Caborn
82
Schedule 2, page 33, line 31, at end insert '; and for the purpose of this subsection—
| (a) | the concept of an association between a person, product or service and the Olympic Games or the Olympic movement includes, in particular— |
| (i) | any kind of contractual relationship, |
| (ii) | any kind of commercial relationship, |
| (iii) | any kind of corporate or structural connection, and |
| (iv) | the provision by a person of financial or other support for or in connection with the Olympic Games or the Olympic movement, but |
| (b) | a person does not suggest an association with the Olympic Games or the Olympic movement only by making a statement which— |
| (i) | accords with honest practices in industrial or commercial matters, and |
| (ii) | does not make promotional or other commercial use of a protected word by incorporating it in a context to which the Olympic Games and the Olympic movement are substantively irrelevant. |
(2A) The Secretary of State may by order specify what is to be or not to be treated for the purposes of subsection (2) as an association between a person, product or service and the Olympic Games or the Olympic movement; and an order under this subsection—
| (a) | may include incidental, consequential or transitional provision (which may include provision amending subsection (2)(a) or (b)), |
| (b) | shall be made by statutory instrument, and |
| (c) | may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'. |
Mr Richard Caborn
83
Schedule 2, page 35, line 16, at end insert—
| | 9A | In section 7(3)(a) (orders in relation to infringing goods: "infringing material") for ", or for advertising goods or services," substitute ", for advertising goods or services or by being displayed,".'. |
