House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

London Olympics Bill


London Olympics Bill

11

 

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

that Act.

(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

have effect as if—

(a)   

the references in paragraphs 2, 3 and 5 to Transport for London and the

London local authorities were references to the Olympic Delivery

Authority,

15

(b)   

the requirement in paragraph 2(3) were a requirement for the Olympic

Delivery Authority to consult Transport for London and the London

local authorities,

(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.

15      

Road closures

(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

as if—

(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

 
 

London Olympics Bill

12

 

(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

Olympics.

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

subsection (1)).

17      

Interpretation

15

In sections 9 to 16

“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

Highways Act 1980,

“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

State, and

30

“traffic authority” has the meaning given by section 121A of the Road

Traffic Regulation Act 1984.

Advertising

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

Olympic Committee, and

(c)   

may also have regard to amenity and public safety.

 
 

London Olympics Bill

13

 

(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,

and

(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

particular—

(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

particular—

(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

different places.

(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

responsible body”), or

(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).

(8)   

The regulations—

(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

ensure—

(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.

 
 

London Olympics Bill

14

 

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,

and

(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

come into force.

(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

thinks appropriate,

(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.

20      

Offence

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

continuing.

(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

 
 

London Olympics Bill

15

 

(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

reasonable steps to—

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

warrant, and

(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

under section 20, or

(d)   

enabling the article to be forfeited in accordance with section 143 of the

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

 
 

London Olympics Bill

16

 

(6)   

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

5

offence.

(7)   

Having exercised a power under this section a constable or enforcement

officer—

(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

officer has done.

(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;

(b)   

about appeals.

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.

(10)   

In 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

18, and

(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

and

(b)   

aim to give six months’ notice of the detailed provisions of the

regulations.

(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

the regulations, and

 
 

London Olympics Bill

17

 

(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

and under section 21,

(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

shall specify.

(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

House of Parliament.

Trading

24      

Street trading, &c.

25

(1)   

The Secretary of State shall make regulations about trading in the vicinity 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,

30

(b)   

shall have regard to any requests or guidance from the International

Olympic Committee, and

(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

(a)   

on a highway, or

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 19 October 2005