London Olympics Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

London Olympics Bill

London Olympics Bill
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(b)
in another place—
(i)
to which the public have access (whether generally or only for
the purpose of the trading), and
(ii)
which is not in any building other than one designed or
generally used for the parking of cars.
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(5)
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
obligations imposed on any person by the Host City Contract, and
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(b)
the regulations may apply during different periods in respect of
different places.
(6)
The regulations shall permit, subject to any specified conditions, trading in
accordance with an authorisation granted by—
(a)
the Olympic Delivery Authority, or
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(b)
a person to whom the function of granting authorisations for the
purpose of this subsection is delegated by the Authority (and the
Authority may delegate the function to different persons in respect of
different areas or activities).
(7)
An authorisation may be subject to terms and conditions; in particular—
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(a)
an authorisation may be subject to terms and conditions about the times
at which trading is carried out or about steps to be taken in respect of
congestion, litter or noise, and
(b)
an authorisation granted to a person may be subject to terms and
conditions which are inconsistent with, or more onerous than, the
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terms and conditions of any other licence held by the person in respect
of trading.
(8)
The regulations shall include provision about the circumstances in which
authorisations under subsection (6) may and may not be granted; and the
regulations may, in particular—
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(a)
stipulate that an authorisation be granted in respect of a place only if a
specified kind of licence exists in respect of trading in that place;
(b)
stipulate that an authorisation be granted in respect of a place only if it
is designated for a specified purpose in accordance with a specified
enactment;
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(c)
stipulate that an authorisation be granted to a person only if he holds a
specified kind of licence in respect of trading;
(d)
stipulate that an authorisation may be granted for trading in the course
of a fair or market (which the regulations may define) only where—
(i)
the fair or market is held in accordance with a specified kind of
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licence or right, and
(ii)
any other specified conditions are satisfied;
(e)
require the Authority to have regard to the provisions of the Host City
Contract;
(f)
confer, subject to provisions of the regulations, an absolute discretion
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in respect of each application for authorisation.
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Section 24: supplemental
(1)
Regulations under section 24—

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(a)
may, to a specified extent or for specified purposes, disapply or modify
specified enactments relating to trading (which may include
enactments conferring rights to conduct a fair or market),
(b)
may apply (with or without modifications) or make provision similar
to any enactment (which may include provision conferring a right of
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appeal in respect of the refusal of an authorisation),
(c)
may provide for exceptions which may be expressed by reference to the
nature of trading, its circumstances, the application of profits or any
other matter (which may include the consent of a specified person),
(d)
may make provision which applies generally or only for specified
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purposes or in specified circumstances, and
(e)
may make different provision for different purposes or circumstances.
(2)
Regulations under section 24—
(a)
shall be made by statutory instrument, and
(b)
may not be made unless a draft has been laid before and approved by
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resolution of each House of Parliament.
(3)
Before making regulations under section 24 the Secretary of State—
(a)
shall consult such authorities, with responsibilities for the licensing of
trading in respect of places to which the regulations apply or may
apply, as he thinks appropriate,
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(b)
shall consult the Olympic Delivery Authority, and
(c)
shall consult the London Organising Committee.
(4)
Regulations under section 24 shall have effect despite any licence granted
(whether before or after the commencement of the regulations)—
(a)
by any landowner, local authority or other person, or
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(b)
by or by virtue of any enactment, Charter or other document.
(5)
If regulations under section 24 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.
(6)
In section 24 and this section “licence” includes any kind of consent, certificate,
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permission or authority (by whatever name).
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Offence
(1)
A person commits an offence if he contravenes regulations under section 24.
(2)
A person guilty of an offence under subsection (1) shall be liable—
(a)
on conviction on indictment, to a fine, or
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(b)
on summary conviction, to a fine not exceeding £20,000.
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Enforcement: power of entry
(1)
A constable or enforcement officer may—
(a)
enter land or premises on which they reasonably believe a
contravention of regulations under section 24 is occurring;
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(b)
remove 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);

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(d)
use, or authorise the use of, reasonable force for the purpose of taking
action under this subsection.
(2)
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 24,
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(b)
preventing a future contravention of the regulations,
(c)
enabling the article to be used as evidence in proceedings for an offence
under section 26, or
(d)
enabling the article to be forfeited in accordance with section 143 of the
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
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(3)
An article removed shall be returned when retention is no longer justified by a
matter specified in subsection (2)(a) to (d); but this subsection does not apply
to perishable articles which have ceased to be usable for trade.
(4)
An article removed—
(a)
if removed by an enforcement officer, shall as soon as is reasonably
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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).
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(5)
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 24 about
informing specified persons of what the constable or enforcement
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officer has done.
(6)
Regulations under section 24 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
of the regulations) to obtain compensation from a police authority or the
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Olympic Delivery Authority; and the regulations may, in particular, include
provision—
(a)
conferring jurisdiction on a court or tribunal;
(b)
about appeals.
(7)
A police authority or the Olympic Delivery Authority may recover from a
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person responsible for the contravention of regulations under section 24, as if
it were a debt, the reasonable costs of taking action under this section.
(8)
In this section—
“enforcement officer” means a person designated for the purposes of that
subsection by the Olympic Delivery Authority (and paragraph 29(1)(a)
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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 article that is being offered for trade in contravention of
regulations under section 24 or is otherwise being used in
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connection with a contravention of the regulations, and
(b)
anything (other than a vehicle) containing an article to which
paragraph (a) applies.

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Role of Olympic Delivery Authority
(1)
The Olympic Delivery Authority shall—
(a)
make arrangements to have the effect of regulations made or expected
to be made under section 24 brought to the attention of persons likely
to be affected or interested, and
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(b)
work with persons likely to be prevented by regulations under section
24 from carrying out their habitual trading activities in attempting to
identify acceptable alternatives.
(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,
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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
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regulations under section 24 advice about the effect or likely effect of
the regulations, and
(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
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of an offence under section 26.
(5)
Subsection (4) shall not apply in relation to the institution of proceedings in
Scotland or Northern Ireland.
(6)
The Olympic Delivery Authority shall—
(a)
prepare a strategy for the exercise of their functions under this section
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and under or by virtue of sections 24 and 27,
(b)
submit the strategy to the Secretary of State,
(c)
revise the strategy until it obtains the Secretary of State’s approval, and
(d)
publish the strategy as approved.
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Other authorities
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(1)
The Secretary of State may by order require specified persons to give
information about the effect or likely effect of regulations under section 24 to
persons falling within a specified class.
(2)
In particular, the order may require a person who grants a consent, certificate,
permission or authority (by whatever name) to inform the recipient of the
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effect of section 25(4).
(3)
An order under this section—
(a)
shall be made by statutory instrument, and
(b)
shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
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Sale of tickets
(1)
A person commits an offence if he sells an Olympic ticket—
(a)
in a public place or in the course of a business, and

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(b)
otherwise than in accordance with a written authorisation issued by the
London Organising Committee.
(2)
For the purposes of subsection (1)—
(a)
“Olympic ticket” means anything which is or purports to be a ticket for
one or more London Olympic events,
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(b)
a reference to selling a ticket includes a reference to—
(i)
offering to sell a ticket,
(ii)
exposing a ticket for sale,
(iii)
advertising that a ticket is available for purchase, and
(iv)
giving, or offering to give, a ticket to a person who pays or
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agrees to pay for some other goods or services, and
(c)
a person shall (without prejudice to the generality of subsection (1)(a))
be treated as acting in the course of a business if he does anything as a
result of which he makes a profit or aims to make a profit.
(3)
A person does not commit an offence under subsection (1) by advertising that
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a ticket is available for purchase if—
(a)
the sale of the ticket if purchased would be in the course of a business
only by reason of subsection (2)(c), and
(b)
the person does not know, and could not reasonably be expected to
discover, that subsection (2)(c) would apply to the sale.
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(4)
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.
(5)
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
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the commission of an offence under subsection (1), the defence in subsection (4)
does not apply in respect of continued provision of the services after the
shortest time reasonably required to withdraw them.
(6)
A person guilty of an offence under subsection (1) shall be liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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(7)
Section 32(2)(b) of the Police and Criminal Evidence Act 1984 (c. 60) (power to
search premises) shall, in its application to the offence under subsection (1)
above, permit the searching of a vehicle which a constable reasonably thinks
was used in connection with the offence.
(8)
Subsection (9) applies where a person in Scotland is arrested in connection
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with the commission of an offence under subsection (1).
(9)
For the purposes of recovering evidence relating to the offence, a constable in
Scotland may without warrant enter and search—
(a)
premises in which the person was when arrested or immediately before
he was arrested, and
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(b)
a vehicle which the constable reasonably believes is being used or was
used in connection with the offence.
(10)
Subsection (9) is without prejudice to any power of entry or search which is
otherwise exercisable by a constable in Scotland.
(11)
The London Organising Committee shall make arrangements for the grant of
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authorisations under subsection (1)(b); and the arrangements may, in
particular—

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(a)
make provision about charges;
(b)
enable the Committee to exercise unfettered discretion.
(12)
In this section a reference to a London Olympic event includes a reference to
an event held by way of a pre-Olympic event in accordance with arrangements
made by the London Organising Committee in pursuance of paragraph 7 of the
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Bye-Law to Rule 49 of the Olympic Charter.
Miscellaneous
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Olympic Symbol etc. (Protection) Act 1995
Schedule 2 (which amends the Olympic Symbol etc. (Protection) Act 1995 (c.
32)) shall have effect.
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32
London Olympics association right
Schedule 3 (which creates the London Olympics association right) shall have
effect.
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Greater London Authority: powers
(1)
The Greater London Authority may do anything—
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(a)
for the purpose of complying with an obligation of the Mayor of
London under the Host City Contract (whether before, during or after
the London Olympics),
(b)
for a purpose connected with preparing for or managing the London
Olympics, or
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(c)
for a purpose connected with anything done in accordance with
paragraph (a) or (b).
(2)
In particular, the Greater London Authority may—
(a)
arrange for the construction, improvement or adaptation of premises or
facilities of any description;
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(b)
arrange for the provision of services of any description;
(c)
undertake works of any description;
(d)
acquire land or other property;
(e)
enter into agreements;
(f)
act jointly or cooperate with any person (whether or not having
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functions under the Host City Contract);
(g)
give financial or other assistance to persons in respect of activity
connected with the London Olympics (whether or not the activity is
undertaken in pursuance of an agreement with the Authority);
(h)
take action in respect of places outside London.
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(3)
In exercising the function under subsection (1) the Authority shall have regard
to the desirability of consulting and cooperating with—
(a)
the Secretary of State,
(b)
the British Olympic Association,
(c)
the London Organising Committee, and
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(d)
other persons with experience or knowledge which might be useful in
relation to preparing for or managing the London Olympics.

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(4)
In exercising the function under subsection (1) the Authority shall have regard
to the desirability of maximising the benefits to be derived after the London
Olympics from things done in preparation for them.
(5)
In so far as section 38 of the Greater London Authority Act 1999 (c. 29)
(delegation) permits the delegation of a function under this section to the
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London Development Agency, section 38(7) of that Act shall not have the effect
of disapplying section 5(2) and (3) of the Regional Development Agencies Act
1998 (c. 45) (requirement for Secretary of State’s consent for certain activities;
and limitations in respect of the provision of housing).
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Section 33: supplemental
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(1)
Financial assistance under section 33(2)(g) may be given on terms or conditions
(which may, in particular, include terms or conditions for repayment with or
without interest).
(2)
The Greater London Authority may accept contributions towards expenditure
in connection with the London Olympics.
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(3)
The Secretary of State may, after the conclusion of the London Olympics,
repeal section 33 and this section by order made by statutory instrument; and
the order may—
(a)
include savings (which may include provision saving, to such extent as
may be specified and whether or not subject to modifications, the effect
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of a provision of the Greater London Authority Act 1999 or another
primary or subordinate enactment in so far as it applies in relation to
section 33);
(b)
include transitional provision (which may include provision relating to
the effect of a provision of an enactment in so far as it applies in relation
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to section 33);
(c)
include provision for the transfer of property, rights or liabilities
(which may, in particular, include provision for transfer—
(i)
to the Secretary of State or to any other person whether or not
exercising functions of a public nature;
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(ii)
on terms and conditions, whether as to payment or otherwise;
(iii)
of liabilities whether arising under the Host City Contract or
otherwise;
(iv)
of rights or liabilities in relation to legal proceedings);
(d)
include provision of any other kind relating to the management,
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control or treatment of anything constructed or done in accordance
with section 33(1);
(e)
include incidental or consequential provision;
(f)
make provision having effect generally or only for specified cases or
purposes;
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(g)
make different provision for different cases or purposes.
(4)
Before making an order under subsection (3) the Secretary of State shall consult
the Mayor of London.
(5)
An order under subsection (3) shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
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