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London Olympics Bill


London Olympics Bill

1

 

A

Bill

[AS AMENDED IN STANDING COMMITTEE D]

To

Make provision in connection with the Olympic Games and Paralympic

Games that are to take place in London in the year 2012; to amend the

Olympic Symbol etc. (Protection) Act 1995; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Introductory

1       

Interpretation of principal terms

(1)   

In this Act “the London Olympics” means—

(a)   

the Games of the Thirtieth Olympiad that are to take place in 2012, and

(b)   

the Paralympic Games that are to take place in that year.

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(2)   

A reference in this Act to the London Olympics includes a reference to any

event which forms part of the Games specified in subsection (1)(a) or (b)

including, in particular—

(a)   

an event, other than a sporting event, held in accordance with the Host

City Contract, and

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(b)   

an event which is to take place outside London.

(3)   

In this Act—

(a)   

“the British Olympic Association” means the company limited by

guarantee registered with that name,

(b)   

“London Olympic event” means an event (whether or not a sporting

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event and whether or not held in London) held as part of the London

Olympics,

(c)   

“the London Olympics period” means the period which—

 
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London Olympics Bill

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(i)   

begins four weeks before the day of the opening ceremony of

the Games of the Thirtieth Olympiad that are to take place in

2012, and

(ii)   

ends with the fifth day after the day of the closing ceremony of

the Paralympic Games 2012,

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(d)   

“the London Organising Committee” means the organising committee

formed in accordance with section 2 of the Host City Contract as the

company limited by guarantee registered as the London Organising

Committee of the Olympic Games Limited (LOCOG),

(e)   

“the Host City Contract” means the Host City Contract, for the Games

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of the Thirtieth Olympiad that are to take place in 2012, signed at

Singapore on 6th July 2005 and entered into by—

(i)   

the International Olympic Committee,

(ii)   

the Mayor of London (representing London), and

(iii)   

the British Olympic Association,

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(f)   

“the Paralympic Games” means the events known by that name and to

be organised by the London Organising Committee in accordance with

section 60 of the Host City Contract, and

(g)   

“the Olympic Charter” means the Olympic Charter of the International

Olympic Committee.

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2       

Alteration of Olympic documents

(1)   

If the Secretary of State thinks that a reference in this Act to an Olympic

document has ceased to be accurate by reason of the amendment or

substitution of that document, he may by order amend the reference.

(2)   

In subsection (1) “Olympic document” means a document referred to in section

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1.

(3)   

An order under subsection (1)—

(a)   

may include consequential or incidental provision,

(b)   

shall be made by statutory instrument,

(c)   

shall be subject to annulment in pursuance of a resolution of either

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House of Parliament, and

(d)   

may not be made unless the Secretary of State has consulted the

London Organising Committee.

The Olympic Delivery Authority

3       

Establishment

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(1)   

There shall be a body corporate known as the Olympic Delivery Authority.

(2)   

Schedule 1 (which makes provision about the Authority) shall have effect.

4       

General functions

(1)   

The Authority may take any action that it thinks necessary or expedient for the

purpose of—

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(a)   

preparing for the London Olympics,

(b)   

making arrangements in preparation for or in connection with the use

or management before, during or after the London Olympics of

 
 

London Olympics Bill

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premises and other facilities acquired, constructed or adapted in

preparation for the London Olympics, or

(c)   

ensuring that adequate arrangements are made for the provision,

management and control of facilities for transport in connection with

the London Olympics.

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(2)   

In particular, the Authority may—

(a)   

acquire land (and the Authority may, in particular, with the consent of

the Secretary of State, acquire land for a consideration equivalent to the

amounts which the Authority would be required to pay if acquiring the

land compulsorily under an enactment);

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(b)   

dispose of land (and the Authority may, in particular, with the consent

of the Secretary of State, dispose of land for a consideration less than

that which might be expected in a commercial transaction at arms-

length);

(c)   

enter into other transactions relating to land, premises or facilities;

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(d)   

accept or assume duties, rights or liabilities under contracts;

(e)   

apply for, or undertake work in connection with applications for,

planning permission;

(f)   

make arrangements for the construction of premises and other

facilities;

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(g)   

make arrangements for carrying out works in connection with the

provision of water, electricity, gas, sewerage or other services;

(h)   

make arrangements for carrying out works in connection with the

provision of highways;

(i)   

make arrangements for the construction, adaptation or provision of

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systems of or facilities for transport;

(j)   

make arrangements for the provision, variation or discontinuance of

any service, highway or system of or facility for transport;

(k)   

with the consent of the Secretary of State, give financial assistance in

connection with anything done or to be done by another person for a

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purpose mentioned in subsection (1);

(l)   

co-operate with other persons;

(m)   

make arrangements for the formation of bodies corporate;

(n)   

acquire interests in bodies corporate or other undertakings.

(3)   

In exercising a function under this section the Authority shall, wherever

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relevant—

(a)   

have regard to the desirability of maximising the benefits to be derived

after the London Olympics from things done in preparation for them,

and

(b)   

contribute to achieving sustainable development.

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(4)   

Other provisions of this Act confer other functions on the Authority.

(5)   

The Authority shall pay compensation to any person whose land is injuriously

affected by the execution of works by the Authority; and—

(a)   

any dispute as to whether compensation is payable, or as to the amount

of compensation, may be referred to the Lands Tribunal,

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(b)   

subsection (2) of section 10 of the Compulsory Purchase Act 1965 (c. 56)

(limitation on compensation) shall apply to this subsection as it applies

to that section, and

 
 

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(c)   

any rule or principle applied to the construction of section 10 of that Act

shall be applied to the construction of this section (subject to any

necessary modifications).

(6)   

In the application of subsection (5) in respect of land in Scotland—

(a)   

the reference in paragraph (a) to the Lands Tribunal is to be read as if it

5

were a reference to the Lands Tribunal for Scotland, and

(b)   

paragraphs (b) and (c) are omitted.

5       

Planning

(1)   

The following provisions shall apply in relation to the Olympic Delivery

Authority as they apply in relation to an urban development corporation—

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(a)   

section 149 of the Local Government, Planning and Land Act 1980

(c. 65) (power for Secretary of State to make order appointing urban

development corporation as local planning authority), and

(b)   

section 33 of the Planning and Compulsory Purchase Act 2004 (c. 5)

(power for Secretary of State to disapply Part 2 of the Act to urban

15

development corporation).

(2)   

In the application of the provisions specified in subsection (3) by virtue of, or

in consequence of, subsection (1)—

(a)   

a reference to an urban development corporation shall be taken as a

reference to the Authority,

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(b)   

a reference to a corporation’s area shall be taken as a reference to an

area specified in an order made under section 149 of the Local

Government, Planning and Land Act 1980 by virtue of subsection (1)

above,

(c)   

a reference to section 142 of that Act shall be disregarded, and

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(d)   

a reference to a London borough shall be taken as a reference to an area

in respect of which an order is made under section 149 of that Act by

virtue of subsection (1) above.

(3)   

Those provisions are—

(a)   

section 149 of and Schedule 29 to the Local Government, Planning and

30

Land Act 1980,

(b)   

section 7 of the Town and Country Planning Act 1990 (c. 8) (urban

development areas: displacement of other authorities), and

(c)   

section 33 of the Planning and Compulsory Purchase Act 2004.

(4)   

Where the Authority is appointed as a local planning authority by virtue of this

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section—

(a)   

section 74(1B)(a) of the Town and Country Planning Act 1990

(directions about applications: London boroughs) shall not apply, but

(b)   

the Mayor of London may direct the Authority to refuse an application

for planning permission in a specified case.

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(5)   

In discharging functions by virtue of this section the Authority shall have

regard, in particular—

(a)   

to the desirability of making proper preparation for the London

Olympics,

(b)   

to the desirability of maximising the benefits to be derived after the

45

London Olympics from things done in preparation for them,

 
 

London Olympics Bill

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(c)   

to the terms of any planning permission already granted in connection

with preparation for the London Olympics,

(d)   

to any guidance issued by the Secretary of State (which may, in

particular, refer to other documents), and

(e)   

to the development plan for any area in respect of which an order is

5

made under section 149 of the Local Government, Planning and Land

Act 1980 (c. 65) by virtue of subsection (1) above, construed in

accordance with section 38 of the Planning and Compulsory Purchase

Act 2004 (c. 5).

(6)   

An order under section 149 of the Local Government, Planning and Land Act

10

1980 made by virtue of subsection (1) above which revokes a previous order

may include supplemental, incidental or transitional provisions or savings;

and supplemental provision may, in particular, make provision as to which

authority is to become the local planning authority for an area in place of the

Olympic Delivery Authority.

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6       

Security

(1)   

In exercising its functions the Olympic Delivery Authority shall have regard to

the importance of ensuring—

(a)   

the safety of individuals participating in or attending London Olympic

events, and

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(b)   

the security of property.

(2)   

In particular, the Authority shall hold such consultations as it considers

appropriate with—

(a)   

the Commissioner of Police of the Metropolis, and

(b)   

the chief constable for any area within which a London Olympic event

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is to take place.

7       

Street lighting and cleaning

(1)   

The Olympic Delivery Authority may arrange with an authority responsible

for cleaning or lighting a highway or other area to which this section applies

for cleaning or lighting to be carried out in a specified manner or to a specified

30

standard during all or part of the London Olympics period.

(2)   

The Authority may make arrangements for cleaning or lighting a highway or

other area to which this section applies during all or part of the London

Olympics period if they are satisfied that an appropriate result—

(a)   

cannot be achieved through arrangements under subsection (1), or

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(b)   

is not, despite their best endeavours, being achieved through

arrangements under subsection (1).

(3)   

Arrangements under subsection (1) may include provision for—

(a)   

payment by the Authority;

(b)   

the consequences of non-compliance.

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(4)   

For the purposes of subsection (2) the Authority may repair, maintain or use

structures or installations which—

(a)   

belong to an authority responsible for cleaning or lighting a highway or

other area to which this section applies, and

(b)   

are situated on or under the highway or other area.

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(5)   

This section applies to any highway or other area to which the public have

access and which the Authority reasonably expect to be used—

(a)   

in the course of a London Olympic event,

(b)   

by persons watching a London Olympic event, or

(c)   

by persons travelling to a London Olympic event.

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8       

Dissolution

(1)   

The Secretary of State may by order make provision for the dissolution of the

Authority.

(2)   

An order under this section may, in particular—

(a)   

provide for the transfer of property, rights or liabilities of the Authority

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to—

(i)   

the Secretary of State, or

(ii)   

any other person;

(b)   

make provision enabling a person to receive anything transferred

under paragraph (a) (and that provision shall have effect despite any

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other enactment or instrument);

(c)   

establish a body corporate;

(d)   

make consequential, incidental or transitional provision which may, in

particular—

(i)   

provide for anything done by or in relation to the Authority to

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have effect as if done by or in relation to another person;

(ii)   

permit anything (which may include legal proceedings) which

is in the process of being done by or in relation to the Authority

when a transfer takes effect, to be continued by or in relation to

another person;

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(iii)   

provide for a reference to the Authority in an instrument or

other document to be treated as a reference to another person;

(iv)   

amend an enactment.

(3)   

Before making an order under this section the Secretary of State shall consult—

(a)   

the Mayor of London, and

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(b)   

such other persons as the Secretary of State thinks appropriate.

(4)   

The Secretary of State may not make an order under this section providing for

the transfer of property, rights or liabilities to a person unless the person has

consented to the transfer.

(5)   

An order under this section—

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(a)   

may transfer rights and liabilities relating to employees, but

(b)   

shall not affect the operation of the Transfer of Undertakings

(Protection of Employment) Regulations 1981 (S.I. 1981/1794).

(6)   

The Secretary of State may not make an order by virtue of subsection (5)(a)

unless satisfied that sufficient notice has been given to enable compliance with

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any applicable requirement of those regulations.

(7)   

An order under this section—

(a)   

shall be made by statutory instrument, and

(b)   

shall not be made unless a draft has been laid before Parliament.

 
 

 
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