London Olympic Games and Paralympic Games (Amendment) Bill

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London Olympic Games and Paralympic Games (Amendment) Bill

London Olympic Games and Paralympic Games (Amendment) Bill
1

A
Bill
To
Amend the London Olympic Games and Paralympic Games Act 2006.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Advertising and trading
1
Removal of infringing articles
(1)
In section 22 of the London Olympic Games and Paralympic Games Act 2006
(contravention of advertising regulations: power of entry), in subsection (5)—
(a)
after paragraph (b) insert “or”, and
5
(b)
omit paragraph (d) and the preceding “or”.
(2)
In subsection (6) of that section—
(a)
for “an enforcement officer” substitute “a constable”,
(b)
for “a constable”, in each place it appears, substitute “an enforcement
officer”, and
10
(c)
for the words from “treated” to the end substitute “dealt with in
accordance with sections 31A to 31E.”
(3)
In subsection (10) of that section—
(a)
in the definition of “enforcement officer”, for “that subsection”
substitute “this section”, and
15
(b)
in paragraph (b) of the definition of “infringing article”, after “thing”
insert “, or an animal,”.
(4)
In section 28 of that Act (contravention of trading regulations: power of entry),
in subsection (2)—
(a)
after paragraph (b) insert “or”, and
20
(b)
omit paragraph (d) and the preceding “or”.
(5)
Omit subsection (3) of that section.
(6)
In subsection (4) of that section—

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London Olympic Games and Paralympic Games (Amendment) Bill
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(a)
for “an enforcement officer” substitute “a constable”,
(b)
for “a constable”, in each place it appears, substitute “an enforcement
officer”, and
(c)
for the words from “treated” to the end substitute “dealt with in
accordance with sections 31A to 31E.”
5
(7)
In subsection (8) of that section—
(a)
in the definition of “enforcement officer”, for “that subsection”
substitute “this section”, and
(b)
in each of paragraphs (a) and (b) of the definition of “infringing article”,
after “article” insert “or animal”.
10
(8)
After section 31 of that Act insert—
“Removal of infringing articles
31A
Cases involving criminal proceedings
(1)
This section applies where—
(a)
an infringing article is removed under section 22 or 28, and
15
(b)
its retention is justified by the matter specified in section 22(5)(c)
or (as the case may be) 28(2)(c).
(2)
In the case of a perishable article, the Olympic Delivery Authority must,
so far as is reasonably practicable, store the article pending its return or
disposal in accordance with this group of sections.
20
(3)
In the case of an animal, the Authority must take care of the animal
pending its return or disposal in accordance with this group of sections.
(4)
If proceedings on the offence under section 21 or 27 are not instituted
before the end of the relevant period, the infringing article shall be
returned to the owner of the article at the end of that period unless—
25
(a)
the Authority, having undertaken such enquiries as it thinks
appropriate, fails to establish who or where the owner is,
(b)
the owner disclaims the article or refuses to accept it, or
(c)
in the case of a perishable article, the article has ceased to be
usable for trade.
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(5)
If proceedings on the offence under section 21 or 27 are instituted
before the end of the relevant period but are discontinued, the
infringing article shall be returned to the owner on the discontinuance
of the proceedings unless subsection (4)(a), (b) or (c) applies.
(6)
If proceedings on the offence under section 21 or 27 are instituted
35
before the end of the relevant period, and subsection (5) does not apply,
the infringing article shall be returned to the owner at the conclusion of
the proceedings unless—
(a)
subsection (4)(a), (b) or (c) applies,
(b)
the court orders the infringing article to be forfeited under
40
section 143 of the Powers of Criminal Courts (Sentencing) Act
2000, or
(c)
where (without making an order under that section) the court
awards costs to the Authority against the owner, the period of
28 days beginning with the day on which the award was made
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expires without the costs having been paid.

London Olympic Games and Paralympic Games (Amendment) Bill
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(7)
If subsection (4)(a) applies, the Authority may apply to a magistrates’
court for a disposal order under section 31D.
(8)
If subsection (4)(b) or (6)(c) applies, the Authority must proceed in
accordance with section 31E.
(9)
If subsection (4)(c) applies, the Authority may dispose of the article as
5
it thinks appropriate.
(10)
For the purposes of this section, “the relevant period” is—
(a)
in the case of an infringing article removed under section 22, the
period of 56 days beginning with the day after the day on which
it is removed, and
10
(b)
in the case of an infringing article removed under section 28, the
period of 28 days beginning with the day after the day on which
it is removed.
(11)
In this section, “this group of sections” means this section and sections
31B to 31E.
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31B
Cases not involving criminal proceedings: articles other than vehicles
(1)
This section applies where—
(a)
an infringing article which is not a vehicle is removed under
section 22 or 28, and
(b)
retention of the article is not justified by the matter specified in
20
section 22(5)(c) or (as the case may be) 28(2)(c).
(2)
In the case of a perishable article, the Olympic Delivery Authority must,
so far as is reasonably practicable, store the article pending its return or
disposal in accordance with this group of sections.
(3)
In the case of an animal, the Authority must take care of the animal
25
pending its return or disposal in accordance with this group of sections.
(4)
The article shall be returned to the owner when retention is no longer
justified by a matter specified in section 22(5)(a) or (b) or (as the case
may be) 28(2)(a) or (b) unless—
(a)
the Authority, having undertaken such enquiries as it thinks
30
appropriate, fails to establish who or where the owner of the
article is,
(b)
the owner disclaims the article or refuses to accept it, or
(c)
in the case of a perishable article, the article has ceased to be
usable for trade.
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(5)
If subsection (4)(a) applies, the Authority may apply to a magistrates’
court for a disposal order under section 31D.
(6)
If subsection (4)(b) applies, the Authority must proceed in accordance
with section 31E.
(7)
If subsection (4)(c) applies, the Authority may dispose of the article as
40
it thinks appropriate.
(8)
In this section—
“this group of sections” has the meaning given in section 31A, and
“vehicle” has the same meaning as in the Vehicle Excise and
Registration Act 1994 (see section 1 of that Act).
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London Olympic Games and Paralympic Games (Amendment) Bill
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31C
Cases not involving criminal proceedings: vehicles
(1)
This section applies where—
(a)
a vehicle is removed under section 22 or 28, and
(b)
retention of the vehicle is not justified by the matter specified in
section 22(5)(c) or (as the case may be) 28(2)(c).
5
(2)
If the Olympic Delivery Authority receives a written application for the
return of the vehicle and is satisfied that the applicant is the owner, the
vehicle shall be returned to the applicant when retention is no longer
justified by a matter specified in section 22(5)(a) or (b) or (as the case
may be) 28(2)(a) or (b), unless the applicant disclaims the vehicle or
10
refuses to accept it.
(3)
Subsection (2) does not apply if the vehicle has been removed under
section 22 or 28 on a previous occasion; where that is the case, if the
Authority is satisfied as to who the owner is, the vehicle shall be
returned to the owner as soon as is reasonably practicable after the end
15
of the London Olympics period, unless the owner disclaims the vehicle
or refuses to accept it.
(4)
If neither subsection (2) nor subsection (3) applies, the Authority must
request from the Secretary of State the particulars relating to the person
in whose name the vehicle is registered under the Vehicle Excise and
20
Registration Act 1994.
(5)
Once those particulars have been received, the vehicle shall—
(a)
if it has been removed under section 22 or 28 on a previous
occasion, be returned to the owner as soon as is reasonably
practicable after the end of the London Olympics period, or
25
(b)
in any other case, be returned to the owner when retention is no
longer justified by a matter specified in section 22(5)(a) or (b) or
(as the case may be) 28(2)(a) or (b),

unless the owner disclaims the vehicle or refuses to accept it.
(6)
If the owner disclaims or refuses to accept the vehicle in the
30
circumstances mentioned in subsection (2), (3) or (5), the Authority
must proceed in accordance with section 31E.
(7)
In this section, “vehicle” has the same meaning as in the Vehicle Excise
and Registration Act 1994 (see section 1 of that Act).
31D
Disposal orders
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(1)
A magistrates’ court may, on an application under section 31A(7) or
31B(5), make an order (a “disposal order”) authorising the Olympic
Delivery Authority—
(a)
to dispose of the article or animal as the Authority thinks
appropriate, and
40
(b)
to apply any proceeds of the disposal towards the Authority’s
costs of exercising functions by virtue of section 19 or 25.
(2)
The court may make a disposal order only if it is satisfied that the
Authority has made reasonable efforts to establish who and where the
owner of the article or animal is.
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London Olympic Games and Paralympic Games (Amendment) Bill
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(3)
If a person who claims to be the owner of the article or animal, or
otherwise to have an interest in it, applies to the court to be heard in the
proceedings, the court—
(a)
must give the applicant an opportunity to make representations
as to why a disposal order should not be made,
5
(b)
may not make a disposal order pending the making of the
representations, and
(c)
having heard the representations, may (instead of making a
disposal order) make an order requiring the article or animal to
be returned to the owner.
10
(4)
In considering whether to make a disposal order, the court must have
regard in particular to—
(a)
the value of the article or animal, and
(b)
the likely financial or other effects of making the order.
(5)
The court may make a disposal order even if the value of the article or
15
animal exceeds the maximum fine which could be imposed on
conviction of the offence under section 21 or (as the case may be) 27.
31E
Sale or other disposal
(1)
This section has effect for the purposes of sections 31A(8), 31B(6) and
31C(6).
20
(2)
If the Olympic Delivery Authority thinks that there is a realistic
prospect of selling the article or animal in question—
(a)
it must take reasonable steps to sell it at the best price that can
reasonably be obtained, but
(b)
if (having complied with paragraph (a)) it fails to sell it, it may
25
dispose of it as it thinks appropriate.
(3)
If the Authority does not think that there is a realistic prospect of selling
the article or animal, it may dispose of it as it thinks appropriate.
(4)
In a case within section 31A(4)(b) or 31B(4)(b), or in the circumstances
mentioned in section 31C(2), (3) or (5), the proceeds of a sale under this
30
section must be applied towards the Authority’s costs of exercising
functions by virtue of section 19 or 25.
(5)
In a case within section 31A(6)(c), the proceeds of a sale under this
section must—
(a)
be applied in paying the amount of the costs referred to in
35
section 31A(6)(c) that are unpaid, and
(b)
in so far as the proceeds exceed that amount, be given to the
owner of the article or animal.
(6)
If, in a case within section 31A(6)(c), the Authority sells or otherwise
disposes of the article or animal having failed to comply with
40
subsection (2)(a), the failure—
(a)
is actionable against the Authority by any person suffering loss
in consequence of the sale or other disposal, but
(b)
in the case of a sale, does not affect the validity of the sale.
(7)
If the Authority, having undertaken such enquiries as it thinks
45
appropriate, fails to establish for the purposes of subsection (5)(b)

London Olympic Games and Paralympic Games (Amendment) Bill
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where the owner is, it may apply to a magistrates’ court for an order
under subsection (8).
(8)
A magistrates’ court may, on an application under subsection (7), make
an order authorising the Authority to apply the excess of the proceeds
of sale towards its costs of exercising functions by virtue of section 19
5
or 25.
(9)
The court may make an order under subsection (8) only if it is satisfied
that the Authority has made reasonable efforts to establish where the
owner is.
(10)
In considering whether to make an order under subsection (8), the court
10
must have regard in particular to—
(a)
the amount of the excess of the proceeds of sale, and
(b)
the likely financial or other effects of making the order.”
(9)
In section 37 of that Act (Scotland), in subsection (11)—
(a)
for “sections 22(5)(d) and 28(2)(d)” substitute “section 31A(6)(b)”,
15
(b)
for “the references” substitute “the reference”, and
(c)
for “are to be read as if they were references” substitute “is to be read as
if it were a reference”.
(10)
After that subsection insert—
“(12)
In sections 31A to 31E, the references to a magistrates’ court are to be
20
read as if they were references to the sheriff.”
(11)
In section 38 of that Act (Northern Ireland), omit paragraph (g).
2
Regulations: Parliamentary procedure and public notice
(1)
In section 20 of the London Olympic Games and Paralympic Games Act 2006
(supplementary provision about advertising regulations), for subsection (2)
25
substitute—
“(2)
Regulations under section 19 shall be made by statutory instrument.
(2A)
The first regulations under that section may not be made unless a draft
has been laid before and approved by resolution of each House of
Parliament.
30
(2B)
Subsequent regulations under that section are subject to annulment in
pursuance of a resolution of either House of Parliament.”
(2)
In section 23 of that Act (role of Olympic Delivery Authority in relation to
advertising regulations), in subsection (2), after “subsection (1)” insert “in
relation to the first regulations made or expected to be made under that
35
section,”.
(3)
In section 26 of that Act (supplementary provision about trading regulations),
for subsection (2) substitute—
“(2)
Regulations under section 25 shall be made by statutory instrument.
(2A)
The first regulations under that section may not be made unless a draft
40
has been laid before and approved by resolution of each House of
Parliament.

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(2B)
Subsequent regulations under that section are subject to annulment in
pursuance of a resolution of either House of Parliament.”
(4)
In section 29 of that Act (role of Olympic Delivery Authority in relation to
trading regulations), in subsection (2), after “subsection (1)” insert “in relation
to the first regulations made or expected to be made under that section,”.
5
Ticket touting
3
Increase of maximum fine
(1)
In section 31(6) of the London Olympic Games and Paralympic Games Act
2006 (penalty for ticket touting offence), for “level 5 on the standard scale”
substitute “£20,000”.
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(2)
Subsection (1) applies only where the offence under section 31(1) of that Act is
committed after the commencement of this section.
Traffic
4
Orders and notices relating to temporary prohibitions etc. on roads
(1)
Section 14 of the London Olympic Games and Paralympic Games Act 2006 (the
15
title to which becomes “Traffic regulation orders and notices”) is amended as
follows.
(2)
In subsection (2), after “an order” insert “under section 1, 6 or 9 of that Act”.
(3)
After subsection (5) insert—
“(5A)
For the purposes of subsections (1) and (4), so far as applying to the
20
power to make an order under section 14 of the Road Traffic Regulation
Act 1984, that section has effect as if in subsection (1)—
(a)
after “prohibited” there were inserted “for either of the
purposes mentioned in section 14(2) of the London Olympic
Games and Paralympic Games Act 2006”, and
25
(b)
paragraphs (a) to (c) were omitted.”
(4)
After subsection (5A) insert—
“(5B)
A traffic authority may issue a notice under section 14 of the Road
Traffic Regulation Act 1984 in relation to any road.
(5C)
For the purposes of subsection (5B), that section has effect as if in
30
subsection (2)—
(a)
after “that it is” there were inserted “necessary or expedient for
either of the purposes mentioned in section 14(2) of the London
Olympic Games and Paralympic Games Act 2006”, and
(b)
paragraphs (a) and (b) were omitted.”
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(5)
In subsection (6), for “that Act” substitute “the Road Traffic Regulation Act
1984”.
(6)
At the end insert—
“(7)
For the purposes of subsections (5A) and (5C), section 14 of that Act has
effect as if, in subsection (7)(b), for the words “for either of the reasons
40