sc451810.73-79

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.D.
73

House of Commons

Tuesday 18th October 2005

Standing Committee Proceedings

Standing Committee D

London Olympics Bill

[Third and Fourth Sittings]

Mr Don Foster

Jo Swinson

Withdrawn  73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

Withdrawn  19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

Not called  20

Clause  17,  page  12,  line  6,  leave out ‘shall aim to secure’ and insert ‘securing’.

Mr Don Foster

Jo Swinson

Not called  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

Not called  22

Clause  17,  page  12,  line  8,  leave out ‘or guidance’.

S.C.D.Standing Committee Proceedings: 18th October 2005
74

London Olympics Bill, continued

Mr Don Foster

Jo Swinson

Not called  23

Clause  17,  page  12,  line  10,  leave out ‘may also have regard to’ and insert ‘the

consideration of’.

Mrs Maria Miller

Hugh Robertson

Not called  107

Clause  17,  page  12,  line  10,  leave out ‘amenity and’ and insert ‘securing’.

Mrs Maria Miller

Hugh Robertson

Not selected  115


Clause  17,  page  12,  line  11,  leave out ‘, or provide criteria for determining’.

Mrs Maria Miller

Hugh Robertson

Not called  108

Clause  17,  page  12,  line  12,  at end insert ‘and’.

Mrs Maria Miller

Hugh Robertson

Not called  109

Clause  17,  page  12,  leave out lines 14 to 16.

Mr Don Foster

Jo Swinson

Withdrawn  72

Clause  17,  page  12,  line  17,  leave out from ‘kind’ to end of line 20.

Mr Don Foster

Jo Swinson

Not called  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

Not called  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

Not called  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’.

S.C.D.Standing Committee Proceedings: 18th October 2005
75

London Olympics Bill, continued

Clause Agreed to.

Mrs Maria Miller

Hugh Robertson

Not called  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

Not called  31

Clause  18,  page  13,  line  16,  leave out ‘control’ and insert ‘display’.

Mrs Maria Miller

Hugh Robertson

Not called  113

Clause  18,  page  13,  line  16,  at end insert ‘for a period not exceeding the London

Olympics period’.

Mrs Maria Miller

Hugh Robertson

Not called  114

Clause  18,  page  13,  line  31,  after ‘advertising’, insert ‘during the London

Olympics period’.

Clause Agreed to.

Mr Don Foster

Jo Swinson

Withdrawn  16

Clause  19,  page  14,  line  3,  leave out subsection (2).

Clause Agreed to.

Mr Richard Caborn

Agreed to  74

Clause  20,  page  14,  line  21,  leave out ‘on other land or premises);’ and insert

‘elsewhere);’.

Clause, as amended, Agreed to.

S.C.D.Standing Committee Proceedings: 18th October 2005
76

London Olympics Bill, continued

Mr Richard Caborn

Agreed to  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.’.

Clause, as amended, Agreed to.

Clauses 22 to 25 Agreed to.

Mr Richard Caborn

Agreed to  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).’.

Clause, as amended, Agreed to.

Mr Richard Caborn

Agreed to  50

Clause  27,  page  20,  line  27,  at end insert—

‘(3A)
The Olympic Delivery Authority may 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.’.

Clause, as amended, Agreed to.

Clause 28 Agreed to.

Mr Don Foster

Jo Swinson

Not moved  12

Clause  29,  page  21,  line  12,  after ‘purchase’, insert—

‘( )
facilitating the advertising of a ticket available for purchase,’.

S.C.D.Standing Committee Proceedings: 18th October 2005
77

London Olympics Bill, continued

Mr Richard Caborn

Agreed to  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.’.

Clause, as amended, Agreed to.

Clause 30 Agreed to.

Mr Richard Caborn

Agreed to  76

Schedule  2,  page  33,  line  23,  leave out ‘in the course’ and insert ‘as a necessary

incident’.

Mr Richard Caborn

Agreed to  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

Agreed to  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

Agreed to  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

Agreed to  80

Schedule  2,  page  33,  line  30,  leave out ‘protected word’ and insert ‘controlled

representation’.

Mr Richard Caborn

Agreed to  81

Schedule  2,  page  33,  line  31,  leave out ‘with’ and insert ‘between a person, product

or service and’.

S.C.D.Standing Committee Proceedings: 18th October 2005
78

London Olympics Bill, continued

Mr Richard Caborn

Agreed to  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

Agreed to  83

Schedule  2,  page  35,  line  16,  at end insert—

‘Infringement

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,”.’.

Mr Richard Caborn

Agreed to  48

Schedule  2,  page  35,  line  25,  at end insert—

‘Enforcement

11      (1)
After section 8 add—

““8A  =8>A
Enforcement by trading standards authority

“(1A)
A local weights and measures authority may enforce within their area the

provisions of section 8.

S.C.D.Standing Committee Proceedings: 18th October 2005
79

London Olympics Bill, continued

“(1A)
The following provisions of the Trade Descriptions Act 1968 apply in

relation to the enforcement of that section as in relation to the

enforcement of that Act—

(a)
section 27 (power to make test purchases),

(b)
section 28 (power to enter premises and inspect and seize

goods and documents),

(c)
section 29 (obstruction of authorised officers), and

(d)
section 33 (compensation for loss, &c of goods seized).

“(1A)
Subsection (1) above does not apply in relation to the enforcement of

section 8 in Northern Ireland; but—

(a)
the Department of Enterprise, Trade and Investment may

enforce that section in Northern Ireland, and

(b)
for that purpose the provisions of the Trade Descriptions Act

1968 specified in subsection (2) apply as if for the references

to a local weights and measures authority and any officer of

such an authority there were substituted references to that

Department and any of its officers.

“(1A)
Nothing in this section shall be construed as authorising a local weights

and measures authority to bring proceedings in Scotland for an offence.”

      (2)
The London Organising Committee may—

(a)
make arrangements with a local weights and measures authority

for the exercise of the authority’s power under section 8 of the

Olympic Symbol etc. (Protection) Act 1995 (as inserted by sub-

paragraph (1));

(b)
may make payments to a local weights and measures authority in

respect of expenses incurred in the exercise of that power.

12
After section 8A (inserted by paragraph 11 above) insert—

““8A  =8>B
Arrest

“(1A)
After paragraph 21 of Schedule 1A to the Police and Criminal Evidence

Act 1984 (arrestable offences) add—

“Olympic Symbol etc. (Protection) Act 1995

21A      =21>A
An offence under section 8 of the Olympic Symbol etc.

(Protection) Act 1995 (offences in relation to goods).”

“(1A)
A constable in Scotland may arrest without warrant a person who the

constable reasonably believes is committing or has committed an offence

under section 8 of the Olympic Symbol etc. (Protection) Act 1995.

“(1A)
Subsection (2) is without prejudice to any power of arrest which is

otherwise exercisable by a constable in Scotland.”.’.

Mr Richard Caborn

Agreed to  45

Schedule  2,  page  35,  line  25,  at end insert—

‘13
After section 12 (forfeiture) insert—