|
| |
|
14 | Traffic regulation orders: enforcement |
| |
(1) | Despite the provisions of Schedule 2 to the Road Traffic Offenders Act 1988 |
| |
(c. 53) (prosecution and punishment of road traffic offences) the maximum fine |
| |
in respect of contravention of an order made by virtue of section 13(1) shall be |
| |
level 5 on the standard scale. |
| 5 |
(2) | Part 6 of the Traffic Management Act 2004 (c. 18) (civil enforcement) shall |
| |
apply in relation to a contravention of an order made by virtue of section 13(1) |
| |
or (4) as it applies in relation to the contraventions specified in Schedule 7 to |
| |
| |
(3) | In the application of Part 6 of that Act to a contravention of an order made by |
| 10 |
virtue of section 13(1) or (4) the provisions of Schedule 9 (level of charges) shall |
| |
| |
(a) | the references in paragraphs 2, 3 and 5 to Transport for London and the |
| |
London local authorities were references to the Olympic Delivery |
| |
| 15 |
(b) | the requirement in paragraph 2(3) were a requirement for the Olympic |
| |
Delivery Authority to consult Transport for London and the London |
| |
| |
(c) | the reference in paragraph 3 to the Mayor of London were a reference |
| |
to the Secretary of State, |
| 20 |
(d) | paragraph 4 were omitted, and |
| |
(e) | the reference in paragraph 7 to the enforcement authority were a |
| |
reference to the Authority. |
| |
(4) | The Secretary of State may direct the enforcement authority for a road to |
| |
exercise its powers under Part 6 of the Traffic Management Act 2004 in respect |
| 25 |
of contravention of an order made by virtue of section 13(1) or (4). |
| |
(5) | If the enforcement authority in relation to a road is Transport for London, the |
| |
Secretary of State may give a direction under subsection (4) only with the |
| |
consent of the Mayor of London. |
| |
(6) | If an enforcement authority in relation to a road fails to comply with a direction |
| 30 |
under subsection (4), the Olympic Delivery Authority may, with the consent of |
| |
the Secretary of State, act as the enforcement authority in relation to that road. |
| |
(7) | If the Authority acts as the enforcement authority in relation to a road by virtue |
| |
of subsection (6), it may recover from the enforcement authority, as if it were a |
| |
debt, the reasonable cost of acting. |
| 35 |
(8) | An expression used in this section and in Part 6 of the Traffic Management Act |
| |
2004 shall have the same meaning in this section as in that Part. |
| |
| |
(1) | Section 16A of the Road Traffic Regulation Act 1984 (c. 27) (road closures or |
| |
restrictions for certain events) shall apply in relation to the London Olympics |
| 40 |
| |
(a) | in subsection (1) for the words “any sporting event, social event or |
| |
entertainment which is held on a road” there were substituted the |
| |
words “a London Olympic event”, |
| |
(b) | subsection (3) were omitted, and |
| 45 |
|
| |
|
| |
|
(c) | in subsection (5) for the words from “the road” to the end of the |
| |
subsection there were substituted the words “any road”. |
| |
(2) | Section 16B of that Act (restrictions on orders under section 16A) shall not |
| |
apply in relation to a closure under section 16A for the purposes of the London |
| |
| 5 |
16 | Office of Rail Regulation |
| |
(1) | The list of objectives in section 4(1) of the Railways Act 1993 (c. 43) (objectives |
| |
of Office of Rail Regulation and Secretary of State) shall be treated, in relation |
| |
to the Office of Rail Regulation only, as including the objective of facilitating |
| |
the provision, management and control of facilities for transport in connection |
| 10 |
with the London Olympics. |
| |
(2) | The Office of Rail Regulation shall consult the Olympic Delivery Authority |
| |
about the duty under section 4(1) of the Railways Act 1993 (as modified by |
| |
| |
| 15 |
| |
“highway authority” shall be construed in accordance with Part 1 of the |
| |
Highways Act 1980 (c. 66) (highway authorities), |
| |
“local authority” has the meaning given by section 1(a) of the Local |
| |
Government Act 2000 (c. 22), |
| 20 |
“local highway authority” has the meaning given by section 329(1) of the |
| |
| |
“local traffic authority” has the meaning given by section 121A of the |
| |
Road Traffic Regulation Act 1984 (c. 27), |
| |
“the Olympic Route Network” has the meaning given by section 10, |
| 25 |
“the Olympic Transport Plan” has the meaning given by section 9(1), |
| |
“road” includes part of a road, |
| |
“street authority” has the meaning given by section 49 of the New Roads |
| |
and Street Works Act 1991 (c. 22) but does not include the Secretary of |
| |
| 30 |
“traffic authority” has the meaning given by section 121A of the Road |
| |
Traffic Regulation Act 1984. |
| |
| |
18 | Advertising regulations |
| |
(1) | The Secretary of State shall make regulations about advertising in the vicinity |
| 35 |
of London Olympic events. |
| |
(2) | In making the regulations the Secretary of State— |
| |
(a) | shall aim to secure compliance with obligations imposed on any person |
| |
by the Host City Contract, |
| |
(b) | shall have regard to any requests or guidance from the International |
| 40 |
| |
(c) | may also have regard to amenity and public safety. |
| |
|
| |
|
| |
|
(3) | The regulations shall specify, or provide criteria for determining— |
| |
(a) | the places in respect of advertising in which the regulations apply, |
| |
(b) | the nature of the advertising in respect of which the regulations apply, |
| |
| |
(c) | what is, or is not, to be treated for the purposes of the regulations as |
| 5 |
advertising in the vicinity of a place. |
| |
(4) | The regulations may apply in respect of advertising of any kind including, in |
| |
| |
(a) | advertising of a non-commercial nature, and |
| |
(b) | announcements or notices of any kind. |
| 10 |
(5) | The regulations may apply in respect of advertising in any form including, in |
| |
| |
(a) | the distribution or provision of documents or articles, |
| |
(b) | the display or projection of words, images, lights or sounds, and |
| |
(c) | things done with or in relation to material which has or may have |
| 15 |
purposes or uses other than as an advertisement. |
| |
(6) | The regulations shall specify, or provide criteria for determining, the period of |
| |
time during which they apply; and— |
| |
(a) | the regulations shall apply only for such time as the Secretary of State |
| |
considers necessary for the purpose of securing compliance with |
| 20 |
obligations imposed on any person by the Host City Contract, and |
| |
(b) | the regulations may apply during different periods in respect of |
| |
| |
(7) | The regulations shall permit, subject to any specified conditions, advertising |
| |
undertaken or controlled by— |
| 25 |
(a) | any person specified in the regulations as appearing to the Secretary of |
| |
State to have responsibility in accordance with the Host City Contract |
| |
for the control of advertising in relation to the London Olympics (“a |
| |
| |
(b) | any person authorised by a responsible body (whether or not subject to |
| 30 |
terms and conditions and whether or not in accordance with a |
| |
sponsorship or other commercial agreement). |
| |
| |
(a) | may prohibit action of a specified kind or in specified circumstances, |
| |
(b) | may impose obligations on persons who— |
| 35 |
(i) | take action in relation to an advertisement, or |
| |
(ii) | have an interest in or responsibility for a product or service to |
| |
which an advertisement relates, |
| |
(c) | may impose obligations on persons who own, occupy or have |
| |
responsibility for the management of land, premises or other property, |
| 40 |
(d) | may, in particular, impose on a person an obligation to take steps to |
| |
| |
(i) | that other persons do not take action of a particular kind; |
| |
(ii) | that a situation is not permitted to continue, and |
| |
(e) | shall have effect despite any consent or permission granted (whether |
| 45 |
before or after the commencement of the regulations) by any |
| |
landowner, local authority or other person. |
| |
|
| |
|
| |
|
19 | Regulations: supplemental |
| |
(1) | Regulations under section 18— |
| |
(a) | may, to a specified extent or for specified purposes, disapply or modify |
| |
specified enactments relating to planning or the control of advertising, |
| |
(b) | may apply (with or without modifications) or make provision similar |
| 5 |
to any enactment (including, but not limited to, provisions of Chapter |
| |
III of Part VIII of the Town and Country Planning Act 1990 (c. 8) |
| |
(control of advertising) and regulations under that Chapter)), |
| |
(c) | may provide for exceptions (in addition to those referred to in section |
| |
18(7)) which may be expressed by reference to the nature of |
| 10 |
advertising, its purpose, the circumstances of its display or any other |
| |
matter (which may include the consent of a specified person), |
| |
(d) | may make provision for application, with any specified modifications |
| |
or exceptions, to the Crown, |
| |
(e) | may make provision which applies generally or only for specified |
| 15 |
purposes or in specified circumstances, |
| |
(f) | may make different provision for different purposes or circumstances, |
| |
| |
(g) | may apply in relation to advertising whether or not it consists of the |
| |
result or continuation of activity carried out before the regulations |
| 20 |
| |
(2) | Regulations under section 18— |
| |
(a) | shall be made by statutory instrument, and |
| |
(b) | may not be made unless a draft has been laid before and approved by |
| |
resolution of each House of Parliament. |
| 25 |
(3) | Before making regulations under section 18 the Secretary of State— |
| |
(a) | shall consult such authorities, with responsibilities for planning in |
| |
respect of places to which the regulations apply or may apply, as he |
| |
| |
(b) | shall consult the Olympic Delivery Authority, and |
| 30 |
(c) | shall consult the London Organising Committee. |
| |
(4) | If regulations under section 18 would be treated as a hybrid instrument for the |
| |
purposes of the standing orders of either House of Parliament, they shall |
| |
proceed in that House as if they were not a hybrid instrument. |
| |
| 35 |
(1) | A person commits an offence if he contravenes regulations under section 18. |
| |
(2) | It shall be a defence for a person charged with an offence under subsection (1) |
| |
to prove that the contravention of the regulations occurred— |
| |
(a) | without his knowledge, or |
| |
(b) | despite his taking all reasonable steps to prevent it from occurring or |
| 40 |
(where he became aware of it after its commencement) from |
| |
| |
(3) | A person guilty of an offence under subsection (1) shall be liable— |
| |
(a) | on conviction on indictment, to a fine, or |
| |
(b) | on summary conviction, to a fine not exceeding £20,000. |
| 45 |
|
| |
|
| |
|
(4) | A court by or before which a person is convicted of an offence under subsection |
| |
(1) may require him to pay to a police authority or to the Olympic Delivery |
| |
Authority sums in respect of expenses reasonably incurred in taking action |
| |
under section 21(1) in relation to the matters to which the offence relates. |
| |
21 | Enforcement: power of entry |
| 5 |
(1) | A constable or enforcement officer may— |
| |
(a) | enter land or premises on which they reasonably believe a |
| |
contravention of regulations under section 18 is occurring (whether by |
| |
reason of advertising on that land or premises or by the use of that land |
| |
or premises to cause an advertisement to appear elsewhere); |
| 10 |
(b) | remove, destroy, conceal or erase any infringing article; |
| |
(c) | when entering land under paragraph (a), be accompanied by one or |
| |
more persons for the purpose of taking action under paragraph (b); |
| |
(d) | use, or authorise the use of, reasonable force for the purpose of taking |
| |
action under this subsection. |
| 15 |
(2) | The power to enter land or premises may be exercised only at a time that a |
| |
constable or enforcement officer thinks reasonable having regard to the nature |
| |
and circumstances of the contravention of regulations under section 18. |
| |
(3) | Before entering land or premises a constable or enforcement officer must take |
| |
| 20 |
(a) | establish the identity of an owner, occupier or person responsible for |
| |
the management of the land or premises or of any infringing article on |
| |
the land or premises, and |
| |
(b) | give any owner, occupier or responsible person identified under |
| |
paragraph (a) such opportunity as seems reasonable to the constable or |
| 25 |
enforcement officer in the circumstances of the case to end the |
| |
contravention of the regulations (whether by removing, destroying or |
| |
concealing any infringing article or otherwise). |
| |
(4) | The power to enter premises may be exercised in relation to a dwelling only in |
| |
accordance with a warrant issued by a justice of the peace; and a justice of the |
| 30 |
peace may issue a warrant only if satisfied on the application of a constable or |
| |
enforcement officer that— |
| |
(a) | there are reasonable grounds to believe a contravention of regulations |
| |
under section 18 is occurring in the dwelling or on land that can |
| |
reasonably be entered only through the dwelling, |
| 35 |
(b) | the constable or enforcement officer has complied with subsection (3), |
| |
(c) | the constable or enforcement officer has taken reasonable steps to give |
| |
notice to persons likely to be interested of his intention to apply for a |
| |
| |
(d) | that it is reasonable in the circumstances of the case to issue a warrant. |
| 40 |
(5) | The power to remove an article may be exercised only if the constable or |
| |
enforcement officer thinks it necessary for the purpose of— |
| |
(a) | ending the contravention of regulations under section 18, |
| |
(b) | preventing a future contravention of the regulations, |
| |
(c) | enabling the article to be used as evidence in proceedings for an offence |
| 45 |
| |
(d) | enabling the article to be forfeited in accordance with section 143 of the |
| |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). |
| |
|
| |
|
| |
|
| |
(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 |
| 5 |
| |
(7) | Having exercised a power under this section a constable or enforcement |
| |
| |
(a) | shall take reasonable steps to leave the land or premises secure, and |
| |
(b) | shall comply with any provision of regulations under section 18 about |
| 10 |
informing specified persons of what the constable or enforcement |
| |
| |
(8) | Regulations under section 18 shall include provision enabling a person whose |
| |
property is damaged in the course of the exercise or purported exercise of a |
| |
power under this section (other than a person responsible for a contravention |
| 15 |
of the regulations or for the management of an infringing article) to obtain |
| |
compensation from a police authority or the Olympic Delivery Authority; and |
| |
the regulations may, in particular, include provision— |
| |
(a) | conferring jurisdiction on a court or tribunal; |
| |
| 20 |
(9) | A police authority or the Olympic Delivery Authority may recover from a |
| |
person responsible for the contravention of the regulations, as if it were a debt, |
| |
the reasonable costs of taking action under this section. |
| |
| |
“enforcement officer” means a person designated for the purposes of that |
| 25 |
subsection by the Olympic Delivery Authority (and paragraph 29(1)(a) |
| |
to (d) of Schedule 1 shall apply to an enforcement officer whether or not |
| |
he is a member of the Authority’s staff), and |
| |
“infringing article” means— |
| |
(a) | an advertisement which contravenes regulations under section |
| 30 |
| |
(b) | any other thing that constitutes a contravention of regulations |
| |
under section 18 or is being used in connection with a |
| |
contravention of the regulations. |
| |
22 | Role of Olympic Delivery Authority |
| 35 |
(1) | The Olympic Delivery Authority shall make arrangements to have the effect of |
| |
regulations made or expected to be made under section 18 brought to the |
| |
attention of persons likely to be affected or interested. |
| |
(2) | In exercising their function under subsection (1) the Authority shall— |
| |
(a) | aim to give two years’ notice of the general nature of the regulations, |
| 40 |
| |
(b) | aim to give six months’ notice of the detailed provisions of the |
| |
| |
(3) | The Olympic Delivery Authority— |
| |
(a) | shall make available to persons who are or may be affected by |
| 45 |
regulations under section 18 advice about the effect or likely effect of |
| |
| |
|
| |
|
| |
|
(b) | may give assistance (which may include financial assistance) in |
| |
complying with or avoiding breaches of the regulations. |
| |
(4) | The Olympic Delivery Authority may institute criminal proceedings in respect |
| |
of an offence under section 20. |
| |
(5) | Subsection (4) shall not apply in relation to the institution of proceedings in |
| 5 |
Scotland or Northern Ireland. |
| |
(6) | The Olympic Delivery Authority shall— |
| |
(a) | prepare a strategy for the exercise of their functions under this section |
| |
| |
(b) | submit the strategy to the Secretary of State, |
| 10 |
(c) | revise the strategy until it obtains the Secretary of State’s approval, and |
| |
(d) | publish the strategy as approved. |
| |
23 | Local planning authorities |
| |
(1) | The Secretary of State may by order require a specified local planning authority |
| |
who grant advertising consent to a person to notify him of the effect of— |
| 15 |
(a) | section 18(8)(e), and |
| |
(b) | any regulations under section 18. |
| |
(2) | In subsection (1) “advertising consent” means consent of such kind as the order |
| |
| |
(3) | An order under subsection (1)— |
| 20 |
(a) | shall be made by statutory instrument, and |
| |
(b) | shall be subject to annulment in pursuance of a resolution of either |
| |
| |
| |
| 25 |
(1) | The Secretary of State shall make regulations about trading in the vicinity of |
| |
| |
(2) | In making the regulations the Secretary of State— |
| |
(a) | shall aim to secure compliance with obligations imposed on any person |
| |
by the Host City Contract, |
| 30 |
(b) | shall have regard to any requests or guidance from the International |
| |
| |
(c) | may also have regard to amenity and public safety (including in each |
| |
case the need to avoid congestion). |
| |
(3) | The regulations shall specify, or provide criteria for determining— |
| 35 |
(a) | the places in respect of which the regulations apply, |
| |
(b) | the nature of the trading in respect of which the regulations apply, and |
| |
(c) | what is, or is not, to be treated for the purposes of the regulations as |
| |
trading in the vicinity of a place. |
| |
(4) | The regulations may apply only in respect of trading which takes place— |
| 40 |
| |
|
| |
|