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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Regional development agencies
(1)
The purposes of a regional development agency (listed in section 4 of the
Regional Development Agencies Act 1998 (c. 45)) shall include the purpose of
preparing for the London Olympics.
(2)
But a regional development agency shall not do anything by virtue only of
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subsection (1) except at the request of the Olympic Delivery Authority.
(3)
The Secretary of State may, after the conclusion of the London Olympics,
repeal this section by order made by statutory instrument; and the order
may—
(a)
include savings (which may include provision saving, to such extent as
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may be specified and whether or not subject to modifications, the effect
of a provision of the Regional Development Agencies Act 1998 or
another primary or subordinate enactment in so far as it applies in
relation to this section);
(b)
include transitional provision (which may include provision relating to
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the effect of a provision of an enactment in so far as it applies in relation
to this section);
(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
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exercising functions of a public nature;
(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 and liabilities in relation to legal proceedings);
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(d)
include provision of any other kind relating to the management,
construction or treatment of anything constructed or done for the
purpose specified in subsection (1);
(e)
include incidental or consequential provision;
(f)
make provision having effect generally or only for specific cases or
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purposes;
(g)
make different provision for different cases or purposes.
(4)
An order under subsection (3) shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
General
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Scotland
(1)
In its application to Scotland, this Act has effect subject to the following
modifications.
(2)
“Enactment”, except in section 8(2)(d)(iv), includes an enactment contained in,
or in an instrument under, an Act of the Scottish Parliament.
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(3)
“Local authority” means a council constituted under section 2 of the Local
Government etc. (Scotland) Act 1994 (c. 39).
(4)
“Local planning authority” means a planning authority for the purposes of the
Town and Country Planning (Scotland) Act 1997 (c. 8).

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(5)
“Police authority” includes a joint police board constituted under an
amalgamation scheme made under section 19 of the Police (Scotland) Act 1967
(c. 77).
(6)
References to costs are to be read as if they were references to expenses.
(7)
References to a highway are to be read as if they were references to a road
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within the meaning of the Roads (Scotland) Act 1984 (c. 54).
(8)
In sections 18 to 29—
(a)
references to the Secretary of State are to be read as if they were
references to the Scottish Ministers, and
(b)
references to a resolution of either House of Parliament are to be read
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as if they were references to a resolution of the Scottish Parliament.
(9)
In section 19(1)(b), the reference to Chapter III of Part VIII of the Town and
Country Planning Act 1990 (c. 8) is to be read as if it were a reference to Chapter
3 of Part 7 of the Town and Country Planning (Scotland) Act 1997 (c. 8).
(10)
In section 21(4)—
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(a)
the references to a justice of the peace are to be read as if they were
references to a sheriff, and
(b)
the reference to the application of a constable or enforcement officer is
to be read as if it were a reference to the application of a procurator
fiscal.
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(11)
In sections 21(5)(d) and 27(2)(d), the references to section 143 of the Powers of
Criminal Courts (Sentencing) Act 2000 (c. 6) are to be read as if they were
references to section 21 of the Proceeds of Crime (Scotland) Act 1995 (c. 43).
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Northern Ireland
In its application to Northern Ireland this Act has effect as if—
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(a)
references to an enactment included references to Northern Ireland
legislation,
(b)
references to a police authority were references to the Northern Ireland
Policing Board,
(c)
references to a justice of the peace were references to a lay magistrate,
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(d)
references to a local planning authority were references to the
Department of the Environment in Northern Ireland,
(e)
references to a highway were references to a road (within the meaning
of the Roads (Northern Ireland) Order 1980 (S.I. 1980/1085 (N.I. 11)),
(f)
references to a local authority were references to a district council,
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(g)
the reference in section 27(2)(d) to section 143 of the Powers of Criminal
Courts (Sentencing) Act 2000 were a reference to Article 11 of the
Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 N.I. 15)),
(h)
the reference in section 30(5) to section 32(2)(b) of the Police and
Criminal Evidence Act 1984 (c. 60) were a reference to Article 34(2)(b)
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of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I.
1989/1341 (N.I. 12)), and
(i)
for section 38 there were substituted—

(j)
“In Article 26(2) of the Police and Criminal Evidence (Northern
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Ireland) Order 1989 (arrestable offences) at the end

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add—
“(r)
offences under section 20(1), 26(1) or 30(1) of the London
Olympics Act 2005 (unauthorised advertising, trading and
ticket sales).”
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Offences: arrest
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(1)
At the end of Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60)
(arrestable offences) add—
“London Olympics Act 2005
27B
An offence under section 20(1), 26(1) or 30(1) of the London
Olympics Act 2005 (unauthorised advertising, trading and ticket-
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sales).”
(2)
A constable in Scotland may arrest without warrant a person who the constable
reasonably believes is committing or has committed an offence under section
20(1), 26(1) or 30(1).
(3)
Subsection (2) is without prejudice to any power of arrest which is otherwise
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exercisable by a constable in Scotland.
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Commencement and duration
(1)
The following provisions of this Act shall come into force on Royal Assent—
(a)
section 1,
(b)
sections 3 to 5 and Schedule 1,
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(c)
sections 33 and 34(1) and (2),
(d)
section 31 and paragraphs 1 to 11 of Schedule 2,
(e)
section 32 and Schedule 3, and
(f)
section 36.
(2)
The other preceding provisions of this Act (including paragraphs 12 to 14 of
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Schedule 2) shall come into force in accordance with provision made by order
of the Secretary of State.
(3)
But the following provisions of this Act, so far as they extend to Scotland, shall
come into force in accordance with provision made by order of the Scottish
Ministers—
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(a)
sections 18 to 30, and
(b)
section 38(2) and (3).
(4)
An order under subsection (2) or (3)—
(a)
may make provision generally or only for specified purposes,
(b)
may make different provision for different purposes,
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(c)
may include transitional or incidental provision, and
(d)
shall be made by statutory instrument.
(5)
Despite subsection (1)(d), for the purposes of criminal proceedings under a
provision of the Olympic Symbol etc. (Protection) Act 1995 (c. 32) in respect of
anything done before the end of the period of two months beginning with the
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date on which this Act receives Royal Assent, no account shall be taken of any
amendment made of that Act by Schedule 2 to this Act.

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(6)
Sections 9 to 17 (including any power to make orders or give directions) shall
cease to have effect at the end of the London Olympics period.
(7)
Paragraph 14 of Schedule 2, which inserts new sections 12A and 12B into the
Olympic Symbol etc. (Protection) Act 1995, shall have effect in relation to
things arriving in the United Kingdom during the period—
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(a)
beginning with the day specified under subsection (2) above for the
commencement of paragraph 14 of Schedule 2, and
(b)
ending with 31st December 2012.
(8)
Section 32 and Schedule 3 shall cease to have effect at the end of 31st December
2012.
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Extent and application
(1)
The following provisions of this Act extend only to England and Wales—
(a)
section 5,
(b)
section 7(2) and (4),
(c)
sections 9 to 17, and
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(d)
sections 33 to 35.
(2)
The remaining provisions of this Act extend to—
(a)
England and Wales,
(b)
Scotland, and
(c)
Northern Ireland.
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(3)
The provisions specified in subsection (1) (except section 35) shall apply only
in relation to—
(a)
places in England, and
(b)
things done in or in respect of England.
(4)
In their application to things done in Wales, sections 18 to 29 shall have effect
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as if—
(a)
a reference to the Secretary of State were a reference to the National
Assembly for Wales, and
(b)
a reference to a resolution of each or either House of Parliament were a
reference to a resolution of the National Assembly for Wales.
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(5)
Section 30 shall apply in respect of anything done whether in the United
Kingdom or elsewhere.
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Short title
This Act may be cited as the London Olympics Act 2005.