Amendments proposed to the London Olympics Bill, As Amended - continued	House of Commons
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Secretary Tessa Jowell

NS1

To move the following Schedule:—

'Transfer Schemes

Introduction

1

In this Schedule—

"the Authority" means the Olympic Delivery Authority,

"transfer scheme" means a scheme under section [Olympic Delivery Authority: transfer schemes], and

"specified person" means a person specified in section [Olympic Delivery Authority: transfer schemes](3).

Obligation to assist Secretary of State

2

The Authority and the specified persons shall on request give the Secretary of State information or assistance in connection with a direction to prepare a transfer scheme which the Secretary of State has given or may give.

Content of transfer scheme

3

(1)

A transfer scheme may, in particular, make provision in connection with land.

(2)	In particular, a transfer scheme may—

(a)   require the grant of an estate, interest or right;

(b)   require the creation of an estate, interest or right for the purpose of being transferred;

(c)   provide for transfer on financial or other terms;

(d)   impose liabilities on the Authority;

(e)   impose liabilities on the transferor.

4

A transfer scheme—

(a)   may transfer property, rights or liabilities whether or not they would otherwise be capable of being transferred,

(b)   may transfer rights and liabilities under an enactment, and

(c)   may dispense with a requirement for consent (whether arising for an enactment, an instrument or an agreement).

5

In specifying property, rights or liabilities to be transferred a transfer scheme—

(a)   may use any manner of description (which may include reference to criteria specified in the scheme or to be determined in accordance with the scheme),

(b)   may provide for exceptions, and

(c)   may provide for the division of property, rights and liabilities in a manner specified in the scheme or to be determined in accordance with the scheme.

6

A transfer scheme may make provision—

(a)   for the resolution of disputes as to the effect of the scheme to be referred to arbitration, and

(b)   for a certificate given by an arbitrator as to the effect of the transfer scheme to be conclusive.

7

A transfer scheme may make consequential, incidental or transitional provision and may, in particular—

(a)   provide for anything done by or in relation to a specified person to have effect as if done by or in relation to the Authority,

(b)   permit anything (which may include legal proceedings) which is in the process of being done by or in relation to a specified person when a provision of a transfer scheme takes effect, to have effect as if done by or in relation to the Authority, and

(c)   may provide for a reference to a specified person in an agreement (whether written or not), instrument or other document to be treated as a reference to the Authority.

Exclusions

8

(1)

Transfer of property, rights or liabilities under a transfer scheme shall be disregarded for the purposes of a provision of a contract or other instrument which refers to transfer or disposal (whether so as to confer a right to terminate or vary or otherwise).

(2)	Nothing in a transfer scheme shall give rise, in relation to land or an interest or estate in land or other property, to any of the following—

(a)   a right of reverter,

(b)   a right of pre-emption,

(c)   a right of forfeiture,

(d)   a right to compensation, or

(e)   an option or similar right.

9

Nothing in a transfer scheme relating to rights in connection with a contract of employment shall affect the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).

Modification of scheme

10

(1)

This paragraph applies where—

(a)   a specified person has made a transfer scheme, but

(b)   a transfer under the scheme has not yet taken effect.

(2)	The Secretary of State may—

(a)   require the specified person to modify the transfer scheme, in so far as it relates to the transfer, in such manner as the Secretary of State may specify,

(b)   specify the date by which the modified scheme is to be prepared and submitted to the Secretary of State, and

(c)   specify a date on which the modified scheme is to take effect if approved by the Secretary of State.

(3)	The Secretary of State may not require a specified person to modify a scheme unless—

(a)   he has consulted any person whom he thinks may be affected by the modification, and

(b)   the Mayor of London consents.'.

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Secretary Tessa Jowell

21

Page     44,     line     27     [Schedule     3],     leave out paragraph (a).

   

Hugh Robertson
Mr Don Foster

7

Page     44,     line     28     [Schedule     3],     at end insert—

'(aa)   may be made only after consultation with persons appearing to the Secretary of State to represent the interests of persons within the advertising business and those who have a relevant responsibility for regulating the advertising industry,'.

   

Secretary Tessa Jowell

22

Page     44,     line     31     [Schedule     3],     at end insert—

'(8)	An order under sub-paragraph (6)(a) which adds or varies an entry in a group of expressions may be made only if the Secretary of State thinks it necessary in order to prevent commercial exploitation of the London Olympics.

(9)	An order under sub-paragraph (6)(b) may be made only if the Secretary of State thinks it necessary in order to prevent commercial exploitation of the London Olympics.'.

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Mr Don Foster
Hugh Robertson

10

Page     46,     line     4     [Schedule     3],     at end insert 'in any editorial usage including without limitation'.

   

Mr Don Foster
Hugh Robertson

11

Page     46,     line     5     [Schedule     3],     leave out 'as a necessary incident' and insert 'in the course'.

   

Mr Don Foster
Hugh Robertson

12

Page     46,     line     7     [Schedule     3],     leave out 'as a necessary incident' and insert 'in the course'.

   

Mr Don Foster
Hugh Robertson

13

Page     46,     line     8     [Schedule     3],     leave out 'about the London Olympics' and insert 'including news and current affairs'.

   

Secretary Tessa Jowell
Mr Don Foster

23

Page     46,     line     8     [Schedule     3],     after 'Olympics,' insert—

'(ba)   as an incidental inclusion in a literary work, dramatic work, artistic work, sound recording, film or broadcast, within the meaning of Part I of the Copyright, Designs and Patents Act 1988 (c. 48) (copyright),'.

   

Mr Don Foster
Hugh Robertson

14

Page     46,     line     8     [Schedule     3],     at end insert—

'( )   for the purposes of criticism and review, or'.

   

Secretary Tessa Jowell

24

Page     46,     line     12     [Schedule     3],     leave out 'controlled'.

   

Hugh Robertson

8

Page     46,     line     21     [Schedule     3],     at end insert—

'Duration of right

9A

The London Olympics association right shall have effect from 31st December 2007 and shall expire in accordance with the provisions of this Act on 31st December 2012.'.

   

Hugh Robertson

9

Page     46,     line     21     [Schedule     3],     at end insert—

'Groundless threats of legal proceedings

9A

(1)

Where the London Organising Committee, the British Olympic Association or a person authorised under paragraph 4 threatens any other person or company with proceedings for infringement of the London Olympics association right, any person aggrieved by the threat may bring an action against the London Organising Committee, the British Olympic Association or the authorised person (as the case may be) for any such relief as is mentioned in sub-paragraph (2).

(2)	Subject to sub-paragraph (3), the claimant shall be entitled to the following relief—

(a)   a declaration to the effect that the threats are unjustifiable;

(b)   an injunction against the continuance of the threats; and

(c)   such damages, if any, as he has reasonably sustained by reason of the threats.

(3)	If the defendant proves that the acts in respect of which proceedings were threatened constitute or, if done, would constitute an infringement of the London Olympics association right, the claimant shall not be entitled to the relief claimed.

(4)	An action may not be brought under this paragraph if the person who made the threat has made an application, or brought an action, for an infringement of the London Olympics association right against the threatened person in relation to the act, or proposed act, to which the threat related.

(5)	An action under this paragraph may not be continued if the person who made the threat makes an application, or brings an action, for an infringement of the London Olympics association right against the threatened person in relation to the act, or proposed act, to which the threat related.

(6)	If the defendant would be entitled to make an application, or bring an action, against a person for an infringement of the London Olympics association right, the defendant may, in an action under sub-paragraph (1), make a counterclaim for any relief to which the defendant would be entitled.'.

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ORDER OF THE HOUSE [21st JULY]

That the following provisions shall apply to the London Olympics Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Commitee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 20th October 2005.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.

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Prepared 6 Dec 2005