rs620612.187-193

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

187

House of Commons

Tuesday 6th December 2005

Report Stage Proceedings

London Olympics Bill, As Amended

New clauses

Olympic Delivery Authority: transfer schemes

Secretary Tessa Jowell

Added  nc3

To move the following Clause:—

‘(1)
In this section “transfer scheme” means a scheme providing for the transfer to the

Olympic Delivery Authority of specified property, rights and liabilities of a

person specified in subsection (3) at a time specified in the scheme.

(2)
If the Secretary of State thinks it expedient in order to enable the Authority to

carry out its functions, he may direct a person specified in subsection (3) to make

a transfer scheme and submit it to him.

(3)
Those persons are—

(a)
the Greater London Authority,

(b)
the London Development Agency, and

(c)
Transport for London.

(4)
If the Secretary of State directs a person to make and submit a transfer scheme—

(a)
the person shall comply with the direction,

(b)
the Secretary of State may approve the scheme with or without

modification, and

(c)
if approved, the scheme shall have effect.

(5)
A direction of the Secretary of State under subsection (2) shall specify a date by

which the transfer scheme is to be submitted.

(6)
The Secretary of State may make a transfer scheme if—

(a)
a person fails to comply with a direction under subsection (2), or

(b)
the Secretary of State decides not to approve a scheme submitted under

that subsection.

(7)
A transfer scheme made under subsection (6) shall have effect.

(8)
The Secretary of State may not approve or make a transfer scheme unless—

(a)
he has consulted—

(i)
the person who submitted or should have submitted the scheme,

(ii)
the Olympic Delivery Authority, and

Report Stage Proceedings: 6th December 2005
188

London Olympics Bill, continued

(iii)
any other person who in his opinion may be affected by the

scheme, and

(b)
the Mayor of London consents.

(9)
Schedule [Transfer Schemes] (which makes supplementary provision in

connection with transfer schemes) shall have effect.’.

Limit on power of Greater London Authority to raise money from council tax for

expenditure on London Olympics

Hugh Robertson

Mr Don Foster

Negatived on division  nc1

To move the following Clause:—

‘The Greater London Authority shall not raise more than £625 million from the

council tax for expenditure in connection with the London Olympics.’.

Payments to London Organising Committee in respect of Olympic Lotteries

Hugh Robertson

Mr Hugo Swire

Negatived on division  nc2

To move the following Clause:—

‘(1)
The Secretary of State shall from time to time pay to the London Organising

Committee such sums as are, in his opinion, equivalent to the sums paid into the

Consolidated Fund as a result of the operations of any Olympic Lottery.

(2)
The London Organising Committee shall use any sums paid to it under subsection

(1) for the benefit of sport.

(3)
In this section “Olympic Lottery” means a lottery so designated by virtue of

section 21(1) of the Horserace Betting and Olympic Lotteries Act 2004 (c. 25)

(licensing of Olympic Lotteries).’.

Disabled people, etc.

Mr Don Foster

Jo Swinson

Not selected  NC4

To move the following Clause:—

‘(1)
In exercising its functions the Olympic Delivery Authority shall have regard to

the importance of ensuring that the London Olympics contribute to social

inclusion and the promotion of diversity and equality.

Report Stage Proceedings: 6th December 2005
189

London Olympics Bill, continued

(2)
In particular, the Authority shall—

(a)
ensure that adequate arrangements are made to ensure that premises and

facilities are fully accessible to disabled people;

(b)
ensure that all transport provided for under the Olympic Transport Plan

is fully accessible for disabled people;

(c)
consult the Disabled Persons Transport Advisory Committee in

preparing, revising or implementing the Olympic Transport Plan;

(d)
ensure that specialists in equality matters, including disability access and

inclusive design, are represented in all relevant bodies involved in the

delivery of the London Olympics; and

(e)
have regard to the desirability of promoting improvements to highways,

services, acommodation, tourist facilities and cultural and entertainement

venues which would assist disabled people in attending the London

Olympics.’.

Mr Richard Ottaway

Withdrawn  1

Page  3,  line  10  [Clause  4],  at end insert—

‘( )
pay compensation to any owner of a business whose interests are

injuriously affected by the development of land, premises or facilities in

connection with the London Olympics;’.

Hugh Robertson

Mr Don Foster

Withdrawn  2

Page  12,  line  41  [Clause  18],  after ‘Committee,’, insert—

‘(ba)
shall have regard to the desirability of promoting the interests of

voluntary and community organisations and sports clubs,’.

Secretary Tessa Jowell

Mr Don Foster

Agreed to  19

Page  12,  line  42  [Clause  18],  leave out ‘may’ and insert ‘shall’.

Hugh Robertson

Mr Don Foster

Not called  4

Page  13,  line  21  [Clause  18],  after ‘Contract,’, insert—

‘(aa)
in no case shall the regulations apply before 13th July 2012,’.

Report Stage Proceedings: 6th December 2005
190

London Olympics Bill, continued

Hugh Robertson

Mr Don Foster

Not called  5

Page  14,  line  12  [Clause  19],  at end insert—

‘(ca)
shall provide for exceptions for newspapers, magazines, television, radio,

mobile telephony and other electronic media in respect of section 18(5),’.

Hugh Robertson

Mr Don Foster

Not called  6

Page  14,  line  29  [Clause  19],  at end insert—

‘(aa)
shall consult persons appearing to the Secretary of State to represent the

interests of persons within the advertising business,’.

Secretary Tessa Jowell

Mr Don Foster

Agreed to  20

Page  17,  line  33  [Clause  24],  leave out ‘may’ and insert ‘shall’.

Hugh Robertson

Mr Don Foster

Not called  3

Page  23,  line  35  [Clause  33],  at end insert—

‘(2A)
The Greater London Authority shall not raise more than £625 million from the

council tax for the purpose of exercising the function under subsection (1).’.

Mr Don Foster

Jo Swinson

Withdrawn  15

Page  25,  line  5  [Clause  35],  leave out subsection (2).

Secretary Tessa Jowell

Agreed to  17

Page  25,  line  6  [Clause  35],  at end insert—

‘(2A)
In relation to the purchase of land by a regional development agency for the

purpose of preparing for the London Olympics (whether or not by virtue of

subsection (1) and whether or not the purchase has another purpose also)—

(a)
section 19 of the Acquisition of Land Act 1981 (c. 67) (open spaces, &c.)

shall not apply,

(b)
section 295 of the Housing Act 1985 (c. 68) (extinguishment of rights

over land acquired) shall apply (with any necessary modifications) as it

applies to a purchase by a local housing authority,

Report Stage Proceedings: 6th December 2005
191

London Olympics Bill, continued

(c)
no enactment regulating the use of commons, open spaces or allotments

shall prevent or restrict the use of the land for construction, other works

or any other purpose (but this paragraph does not disapply a requirement

for planning permission), and

(d)
any enactment permitting compulsory purchase shall be treated as

applying to an interest in land whether or not it, or any superior or inferior

interest, is held by the Crown.’.

Secretary Tessa Jowell

Agreed to  18

Page  27,  line  23  [Clause  39],  after ‘3,’ insert—

‘(ea)
section 35(2A)(a) and (d),’.

Secretary Tessa Jowell

Agreed to  25

Page  27,  line  23  [Clause  39],  leave out second ‘and’.

Secretary Tessa Jowell

Agreed to  26

Page  27,  line  24  [Clause  39],  at end insert ‘, and

(g)
section 37.’.

Secretary Tessa Jowell

Agreed to  27

Page  28,  line  10  [Clause  39],  at end insert—

‘(9)
In respect of section 35(2A)—

(a)
paragraph (a) shall have effect in relation to compulsory purchase orders

made on or after 1st October 2005,

(b)
an order bringing paragraph (b) into force on a date (“the commencement

date”)—

(i)
may provide for paragraph (b) to have effect in relation to

purchases (whether compulsory or voluntary) completed before,

on or after the commencement date, but

(ii)
must include provision modifying section 295 of the Housing

Act 1985 in its application by virtue of section 35(2A)(b) so that

extinguishment of rights and easements takes effect, in the case

of a purchase completed before the commencement date, on the

commencement date,

(c)
an order bringing paragraph (c) into force on a date (“the commencement

date”)—

(i)
may provide for paragraph (c) to have effect in relation to

purchases (whether compulsory or voluntary) completed on or

after 1st October 2005, but

(ii)
shall not affect the lawfulness of anything done before the

commencement date, and

Report Stage Proceedings: 6th December 2005
192

London Olympics Bill, continued

(d)
paragraph (d) shall be treated as having taken effect on 1st October

2005.’.

Secretary Tessa Jowell

Mr Don Foster

Agreed to  16

Page  28,  line  34  [Clause  41],  leave out ‘Olympics’ and insert ‘Olympic Games and

Paralympic Games’.

Secretary Tessa Jowell

Added  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—

Report Stage Proceedings: 6th December 2005
193

London Olympics Bill, continued

(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