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| Tuesday 18th October 2005 |
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| [Third and Fourth Sittings]
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| Clause 17, page 12, line 3, leave out ‘in the vicinity of London Olympics events’ |
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| and insert ‘during the London Olympics period which is displayed in or above stadia, |
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| venues and other competition areas that are considered as part of the London Olympic |
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| Clause 17, page 12, leave out line 5 and insert— |
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| | ‘(2) | ‘Regulations made pursuant to subsection (1) above shall not impose any |
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| | requirement or make any restriction in respect of the display, presentation or |
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| | content of advertising other than is necesary for the purposes of—’. |
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| Clause 17, page 12, line 6, leave out ‘shall aim to secure’ and insert ‘securing’. |
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| Clause 17, page 12, line 8, leave out ‘shall have regard to any’ and insert |
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| ‘compliance with any mandatory’. |
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| Clause 17, page 12, line 8, leave out ‘or guidance’. |
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| Clause 17, page 12, line 10, leave out ‘may also have regard to’ and insert ‘the |
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| Clause 17, page 12, line 10, leave out ‘amenity and’ and insert ‘securing’. |
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| Clause 17, page 12, line 11, leave out ‘, or provide criteria for determining’. |
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| Clause 17, page 12, line 12, at end insert ‘and’. |
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| Clause 17, page 12, leave out lines 14 to 16. |
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| Clause 17, page 12, line 17, leave out from ‘kind’ to end of line 20. |
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| Clause 17, page 12, line 21, leave out subsection (5) and insert— |
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| | ‘(5) | The regulations shall apply only in respect of the display of advertising in any |
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| | medium in accordance with subsection (1).’. |
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| Clause 17, page 12, line 28, after ‘apply’, insert ‘in relation to particular forms of |
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| advertising or particular places’. |
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| Clause 17, page 12, line 29, leave out paragraph (a) and insert— |
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| | ‘(a) | in any event the regulations shall in no case apply for a period exceeding |
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| | the London Olympics period, and’. |
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| Clause 18, page 13, line 15, leave out from ‘may,’ to ‘disapply’ and insert ‘for the |
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| purposes set out in section 17(2) only,’. |
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| Clause 18, page 13, line 16, leave out ‘control’ and insert ‘display’. |
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| Clause 18, page 13, line 16, at end insert ‘for a period not exceeding the London |
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| Clause 18, page 13, line 31, after ‘advertising’, insert ‘during the London |
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| Clause 19, page 14, line 3, leave out subsection (2). |
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| Clause 20, page 14, line 21, leave out ‘on other land or premises);’ and insert |
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| | Clause, as amended, Agreed to. |
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| Clause 21, page 16, line 18, at end insert— |
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| | ‘(3A) | The Olympic Delivery Authority may institute criminal proceedings in respect of |
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| | an offence under section 19. |
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| | (3B) | Subsection (3A) shall not apply in relation to the institution of proceedings in |
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| | Scotland or Northern Ireland.’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 22 to 25 Agreed to. |
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| Clause 26, page 19, line 25, at end insert— |
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| | ‘(3A) | An article removed— |
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| | (a) | if removed by an enforcement officer, shall as soon as is reasonably |
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| | practicable be delivered to a constable, and |
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| | (b) | whether removed by or delivered to a constable, shall be treated as if |
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| | acquired by the constable in the course of the investigation of an offence; |
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| | | but this subsection is subject to subsection (3).’. |
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| | Clause, as amended, Agreed to. |
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| Clause 27, page 20, line 27, at end insert— |
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| | ‘(3A) | The Olympic Delivery Authority may institute criminal proceedings in respect of |
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| | an offence under section 25. |
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| | (3B) | Subsection (3A) shall not apply in relation to the institution of proceedings in |
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| | Scotland or Northern Ireland.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 29, page 21, line 12, after ‘purchase’, insert— |
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| | ‘( ) | facilitating the advertising of a ticket available for purchase,’. |
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| Clause 29, page 21, line 23, at end insert— |
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| | ‘(3A) | A person does not commit an offence under subsection (1) (whether actual or |
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| | inchoate) only by virtue of making facilities available in connection with |
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| | electronic communication or the storage of electronic data. |
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| | (3B) | Where a person who provides services for electronic communication or for the |
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| | storage of electronic data discovers that they are being used in connection with |
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| | the commission of an offence under subsection (1), the defence in subsection |
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| | (3A) does not apply in respect of continued provision of the services after the |
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| | shortest time reasonably required to withdraw them.’. |
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| | Clause, as amended, Agreed to. |
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| Schedule 2, page 33, line 23, leave out ‘in the course’ and insert ‘as a necessary |
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| Schedule 2, page 33, line 24, at end insert— |
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| | ‘(aa) | as a necessary incident of publishing or broadcasting information about |
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| Schedule 2, page 33, line 25, leave out ‘an artistic work, sound recording, film or |
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| broadcast,’ and insert ‘a literary work, dramatic work, artistic work, sound recording, film |
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| or broadcast, within the meaning of Part I of the Copyright, Designs and Patents Act 1988 |
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| Schedule 2, page 33, line 27, leave out paragraph (c) and insert— |
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| | ‘(c) | as an inclusion in an advertisement for a publication or broadcast of a |
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| | kind described in paragraph (a) or (aa).’. |
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| Schedule 2, page 33, line 30, leave out ‘protected word’ and insert ‘controlled |
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| Schedule 2, page 33, line 31, leave out ‘with’ and insert ‘between a person, product |
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| Schedule 2, page 33, line 31, at end insert ‘; and for the purpose of this |
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| | (a) | the concept of an association between a person, product or service and the |
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| | Olympic Games or the Olympic movement includes, in particular— |
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| | (i) | any kind of contractual relationship, |
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| | (ii) | any kind of commercial relationship, |
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| | (iii) | any kind of corporate or structural connection, and |
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| | (iv) | the provision by a person of financial or other support for or in |
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| | connection with the Olympic Games or the Olympic movement, |
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| | (b) | a person does not suggest an association with the Olympic Games or the |
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| | Olympic movement only by making a statement which— |
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| | (i) | accords with honest practices in industrial or commercial |
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| | (ii) | does not make promotional or other commercial use of a |
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| | protected word by incorporating it in a context to which the |
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| | Olympic Games and the Olympic movement are substantively |
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| | (2A) | The Secretary of State may by order specify what is to be or not to be treated for |
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| | the purposes of subsection (2) as an association between a person, product or |
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| | service and the Olympic Games or the Olympic movement; and an order under |
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| | (a) | may include incidental, consequential or transitional provision (which |
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| | may include provision amending subsection (2)(a) or (b)), |
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| | (b) | shall be made by statutory instrument, and |
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| | (c) | may not be made unless a draft has been laid before and approved by |
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| | resolution of each House of Parliament.’. |
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| Schedule 2, page 35, line 16, at end insert— |
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| | 9A | In section 7(3)(a) (orders in relation to infringing goods: “infringing material”) |
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| | for “, or for advertising goods or services,” substitute “, for advertising goods or |
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| | services or by being displayed,”.’. |
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| Schedule 2, page 35, line 25, at end insert— |
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| | 11 (1) | After section 8 add— |
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| | ““8A =8>A | Enforcement by trading standards authority |
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| | “(1A) | A local weights and measures authority may enforce within their area the |
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| | “(1A) | The following provisions of the Trade Descriptions Act 1968 apply in |
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| | relation to the enforcement of that section as in relation to the |
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| | (a) | section 27 (power to make test purchases), |
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| | (b) | section 28 (power to enter premises and inspect and seize |
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| | (c) | section 29 (obstruction of authorised officers), and |
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| | (d) | section 33 (compensation for loss, &c of goods seized). |
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| | “(1A) | Subsection (1) above does not apply in relation to the enforcement of |
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| | section 8 in Northern Ireland; but— |
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| | (a) | the Department of Enterprise, Trade and Investment may |
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| | enforce that section in Northern Ireland, and |
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| | (b) | for that purpose the provisions of the Trade Descriptions Act |
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| | 1968 specified in subsection (2) apply as if for the references |
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| | to a local weights and measures authority and any officer of |
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| | such an authority there were substituted references to that |
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| | Department and any of its officers. |
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| | “(1A) | Nothing in this section shall be construed as authorising a local weights |
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| | and measures authority to bring proceedings in Scotland for an offence.” |
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| | (2) | The London Organising Committee may— |
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| | (a) | make arrangements with a local weights and measures authority |
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| | for the exercise of the authority’s power under section 8 of the |
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| | Olympic Symbol etc. (Protection) Act 1995 (as inserted by sub- |
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| | (b) | may make payments to a local weights and measures authority in |
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| | respect of expenses incurred in the exercise of that power. |
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| | 12 | After section 8A (inserted by paragraph 11 above) insert— |
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| | “(1A) | After paragraph 21 of Schedule 1A to the Police and Criminal Evidence |
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| | Act 1984 (arrestable offences) add— |
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| | “Olympic Symbol etc. (Protection) Act 1995 |
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| | 21A =21>A | An offence under section 8 of the Olympic Symbol etc. |
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| | (Protection) Act 1995 (offences in relation to goods).” |
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| | “(1A) | A constable in Scotland may arrest without warrant a person who the |
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| | constable reasonably believes is committing or has committed an offence |
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| | under section 8 of the Olympic Symbol etc. (Protection) Act 1995. |
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| | “(1A) | Subsection (2) is without prejudice to any power of arrest which is |
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| | otherwise exercisable by a constable in Scotland.”.’. |
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| Schedule 2, page 35, line 25, at end insert—
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| | ‘13 | After section 12 (forfeiture) insert— |
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