London Olympic Games and Paralympic Games (Amendment) Bill

Session 2010 - 11
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London Olympic Games and Paralympic Games (Amendment) Bill

London Olympic Games and Paralympic Games (Amendment) Bill
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or for the purpose mentioned in subsection (1) above” there were
substituted “for either of the purposes mentioned in section 14(2) of the
London Olympic Games and Paralympic Games Act 2006”.”
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Enforcement of traffic regulation orders and notices
(1)
Section 15 of the London Olympic Games and Paralympic Games Act 2006 (the
5
title to which becomes “Traffic regulation orders and notices: enforcement”) is
amended as follows.
(2)
In subsection (2), after “an order made by virtue of section 14(1) or (4)” insert “,
or of a notice issued by virtue of section 14(5B),”.
(3)
After that subsection insert—
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“(2A)
The reference in subsection (2) to Schedule 7 to that Act is to be read as
a reference to that Schedule as it would have effect if, at the end of
paragraph 8(2), there were inserted “or a notice under section 14 of that
Act”.”
(4)
For subsection (3) substitute—
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“(3)
In the application of Part 6 of that Act to a contravention of an order
made by virtue of section 14(1) or (4), or of a notice issued by virtue of
section 14(5B), Schedule 9 to that Act (levels of charges) shall have effect
as if for Parts 2 and 3 there were substituted the Parts 2 and 3 set out in
section 15A.”
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(5)
In subsection (4), at the end insert “or of a notice issued by virtue of section
14(5B)”.
(6)
After section 15 of that Act insert—
“15A
Section 15: supplemental
The Parts 2 and 3 of Schedule 9 to the Traffic Management Act 2004
25
referred to in section 15(3) are as follows—
“Part 2
Charges applicable in Greater London
2     (1)
It is the duty of the Olympic Delivery Authority (referred to in this
Schedule as “the Authority”) to set the levels of charges applicable in
30
Greater London, so far as relating to—
(a)
contraventions on or adjacent to roads, or
(b)
parking places provided or authorised by the Authority,
Transport for London or the London local authorities.
      (2)
Different levels of charges may be set for different areas in Greater
35
London and for different cases or classes of case.
      (3)
Before setting the level of any charges, the Authority must consult—
(a)
Transport for London, and
(b)
the London local authorities.
3     (1)
The Authority must submit to the Secretary of State for approval the
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levels of charges that it proposes to set.

London Olympic Games and Paralympic Games (Amendment) Bill
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      (2)
If—
(a)
the Authority fails to discharge its duty under paragraph 2,
or
(b)
the Secretary of State does not approve the levels of charges
proposed by the Authority,
5

the levels of charges must be set by the Secretary of State.
4
The Authority must publish, in such manner as the Secretary of State
may determine, the levels of charges set in accordance with this Part
of this Schedule.
Part 3
10
Charges applicable outside Greater London
5     (1)
It is the duty of the Authority to set the levels of charges applicable
outside Greater London.
      (2)
Different levels of charges may be set for different civil enforcement
areas, for different parts of a civil enforcement area and for different
15
cases or classes of case.
6     (1)
The Authority must submit to the Secretary of State for approval the
levels of charges that it proposes to set.
      (2)
If—
(a)
the Authority fails to discharge its duty under paragraph 5,
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or
(b)
the Secretary of State does not approve the levels of charges
proposed by the Authority,

the levels of charges must be set by the Secretary of State.
7
The Authority must publish, in such manner as the Secretary of State
25
may determine, the levels of charges set in accordance with this Part
of this Schedule.”.”
6
Road closures or restrictions
(1)
Section 16 of the London Olympic Games and Paralympic Games Act 2006 (the
title to which becomes “Road closures or restrictions”) is amended as follows.
30
(2)
In subsection (1)(a), after ““a London Olympic event” insert “(within the
meaning of the London Olympic Games and Paralympic Games Act 2006)”.
(3)
In subsection (2), for “a closure” substitute “an order made”.
(4)
At the end insert—
“(3)
Part 6 of the Traffic Management Act 2004 (civil enforcement) shall
35
apply in relation to a contravention of an order made under section 16A
as applied by this section as it applies in relation to the contraventions
specified in Schedule 7 to that Act.
(4)
In the application of Part 6 of that Act to a contravention of an order
made under section 16A as so applied, Schedule 9 to that Act (levels of
40
charges) shall have effect as if for Parts 2 and 3 there were substituted
the Parts 2 and 3 set out in section 15A.”

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7
Enforcement of moving traffic contraventions in Greater London
(1)
After section 16 of the London Olympic Games and Paralympic Games Act
2006 insert—
“16A
Enforcement of moving traffic contraventions in Greater London
(1)
The provisions of the London Local Authorities and Transport for
5
London Act 2003 (“the 2003 Act”) referred to in subsection (2) apply in
relation to an Olympic traffic contravention as they apply in relation to
a contravention of a prescribed order within the meaning of section 4 of
that Act.
(2)
The provisions of the 2003 Act are—
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(a)
section 4 (penalty charges for traffic contraventions),
(b)
section 6 (limitation on service of penalty charge notice),
(c)
section 7 (disapplication of offences),
(d)
Schedule 1 (penalty charge notices: representations etc.), and
(e)
Schedule 2 (penalty charge notices: financial provisions),
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and section 2 of that Act (interpretation) so far as it relates to any of
those provisions.
(3)
An “Olympic traffic contravention” is a contravention of any of the
following that applies to a road in Greater London—
(a)
an order made by virtue of section 14(1) or (4),
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(b)
a notice issued by virtue of section 14(5B), or
(c)
an order made under section 16A of the Road Traffic Regulation
Act 1984 (road closures or restrictions for certain events) as
applied by section 16 of this Act.
(4)
But a contravention of an order or notice referred to in subsection (3) is
25
not an Olympic traffic contravention in so far as Part 6 of the Traffic
Management Act 2004 applies in relation to it by virtue of section 15 or
16.
(5)
For the purposes of this section, section 4 of the 2003 Act has effect as
if—
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(a)
in subsection (10) (power to set level of discount for early
payment of penalty charge), for “the borough councils and
Transport for London acting through the Joint Committee”
there were substituted “the Olympic Delivery Authority”, and
(b)
for subsection (13) there were substituted the subsection (13) set
35
out in section 16B(1).
(6)
For the purposes of this section, section 7 of the 2003 Act has effect as if
after subsection (3) there were inserted the subsections (3A) and (3B) set
out in section 16B(2).
(7)
The Secretary of State may direct the enforcement authority for a road
40
in Greater London to exercise its power under section 4(2) or 6(6) of the
2003 Act in respect of an Olympic traffic contravention.
(8)
Where the enforcement authority is Transport for London, the
Secretary of State may give a direction under subsection (7) only with
the consent of the Mayor of London.
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London Olympic Games and Paralympic Games (Amendment) Bill
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(9)
If an enforcement authority for a road fails to comply with a direction
under subsection (7), the Olympic Delivery Authority may, with the
consent of the Secretary of State, act as the enforcement authority for
that road.
(10)
If the Authority acts as the enforcement authority for a road by virtue
5
of subsection (9), it may recover from the enforcement authority, as if it
were a debt, the reasonable cost of acting.
(11)
In this section, “enforcement authority” means whichever of Transport
for London or the relevant borough council under the 2003 Act is for the
time being entitled to exercise the power under section 4(2) of that Act.
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(12)
For the purposes of this section, the provisions of the 2003 Act referred
to in subsection (2) are to be treated as being fully in force.
16B
Section 16A: supplemental
(1)
The subsection (13) of section 4 of the London Local Authorities and
Transport for London Act 2003 (“the 2003 Act”) referred to in section
15
16A(5)(b) is as follows—
“(13)
For the purposes of subsection (12), Part 2 of that Schedule has
effect as it would if there were substituted for it the Part 2 set out
as follows—
“Part 2
20
Charges applicable in Greater London
2     (1)
It is the duty of the Olympic Delivery Authority (“the Authority”) to
set the levels of charges applicable to Olympic traffic contraventions
(within the meaning of section 16A of the London Olympic Games
and Paralympic Games Act 2006).
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      (2)
Different levels of charges may be set for different areas in Greater
London and for different cases or classes of case.
      (3)
Before setting the level of any charges the Authority must consult—
(a)
Transport for London, and
(b)
the London local authorities.
30
3     (1)
The Authority must submit to the Secretary of State for approval the
levels of charges that it proposes to set.
      (2)
If—
(a)
the Authority fails to discharge its duty under paragraph 2,
or
35
(b)
the Secretary of State does not approve the levels of charges
proposed by the Authority,

the levels of charges must be set by the Secretary of State.
4
The Authority must publish, in such manner as the Secretary of State
may determine, the levels of charges set in accordance with this Part
40
of this Schedule.”.”
(2)
The subsections (3A) and (3B) of section 7 of the 2003 Act referred to in

London Olympic Games and Paralympic Games (Amendment) Bill
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section 16A(6) are as follows—
“(3A)
Section 16 of the Act of 1984 shall apply in respect of a road to
which this section applies as if after subsection (1) there were
inserted—
“(1A)
Subsection (1) does not apply in relation to any person
5
who acts in contravention of or fails to comply with a
restriction or prohibition imposed under section 14 of
this Act if as a result a penalty charge is payable under
section 4(5) of the London Local Authorities and
Transport for London Act 2003.”
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(3B)
Section 16C of the Act of 1984 shall apply in respect of a road to
which this section applies as if after subsection (1) there were
inserted—
“(1A)
Subsection (1) does not apply in relation to any person
who acts in contravention of or fails to comply with an
15
order under section 16A of this Act if as a result a
penalty charge is payable under section 4(5) of the
London Local Authorities and Transport for London
Act 2003.”.”.”
(2)
Consultation undertaken before the commencement of subsection (1)
20
(including consultation undertaken before the passing of this Act) is as
effective for the purposes of paragraph 2(3) of Schedule 9 to the Traffic
Management Act 2004 as modified in accordance with that subsection as
consultation undertaken after that commencement.
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Enforcement of bus lane contraventions outside Greater London
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After section 16B of the London Olympic Games and Paralympic Games Act
2006 insert—
“16C
Enforcement of bus lane contraventions outside Greater London
(1)
Section 144 of the Transport Act 2000 (civil penalties for bus lane
contraventions) and the Bus Lane Regulations apply in relation to an
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Olympic bus lane contravention as they apply in relation to a bus lane
contravention within the meaning of that section.
(2)
The references in subsection (1) to that section are to be read as
references to that section as it would have effect if, at the end of the
definition of “traffic regulation order” in subsection (14), there were
35
inserted “or a notice under section 14 of that Act”.
(3)
An “Olympic bus lane contravention” is a contravention of any of the
following so far as relating to the use of an area of road outside Greater
London which is or forms part of a bus lane—
(a)
an order made by virtue of section 14(1) or (4),
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(b)
a notice issued by virtue of section 14(5B), or
(c)
an order made under section 16A of the Road Traffic Regulation
Act 1984 (road closures or restrictions for certain events) as
applied by section 16 of this Act.
(4)
But a contravention of an order or notice referred to in subsection (3) is
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not an Olympic bus lane contravention in so far as Part 6 of the Traffic

London Olympic Games and Paralympic Games (Amendment) Bill
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Management Act 2004 applies in relation to it by virtue of section 15 or
16.
(5)
For the purposes of this section, section 144 of the Transport Act 2000
has effect as if subsection (9) were omitted except so far as necessary for
the purpose of authorising regulation 4 of the Bus Lane Regulations as
5
modified by subsection (6) of this section.
(6)
For the purposes of this section, the Bus Lane Regulations have effect as
if for regulation 4 there were substituted the regulation 4 set out in
section 16D.
(7)
The Secretary of State may direct the approved local authority for a
10
road outside Greater London to exercise its powers under the Bus Lane
Regulations in respect of an Olympic bus lane contravention.
(8)
If an approved local authority for a road fails to comply with a direction
under subsection (7), the Olympic Delivery Authority may, with the
consent of the Secretary of State, act as the approved local authority for
15
that road.
(9)
If the Authority acts as the approved local authority for a road by virtue
of subsection (8), it may recover from the approved local authority, as
if it were a debt, the reasonable cost of acting.
(10)
In this section—
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“approved local authority” and “bus lane” each have the same
meaning as in section 144 of the Transport Act 2000, and
“the Bus Lane Regulations” means the Bus Lane Contraventions
(Penalty Charges, Adjudication and Enforcement) (England)
Regulations 2005 (S.I. 2005/2757).
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16D
Section 16C: supplemental
The regulation 4 of the Bus Lane Contraventions (Penalty Charges,
Adjudication and Enforcement) (England) Regulations 2005 (S.I. 2005/
2757) referred to in section 16C(6) is as follows—
“4 Level of penalty charges
30
     (1)
It is the duty of the Olympic Delivery Authority (“the Authority”) to
set the levels of charges applicable to Olympic bus lane
contraventions (within the meaning of section 16C of the London
Olympic Games and Paralympic Games Act 2006).
      (2)
Different levels of charges may be set for the areas of different
35
approved local authorities, for different parts of the area of an
approved local authority and for different cases or classes of case.
      (3)
The Authority must submit to the Secretary of State for approval the
levels of charges that it proposes to set.
      (4)
If—
40
(a)
the Authority fails to discharge its duty under paragraph (1);
or
(b)
the Secretary of State does not approve the levels of charges
proposed by the Authority,

the levels of charges must be set by the Secretary of State.
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London Olympic Games and Paralympic Games (Amendment) Bill
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      (5)
The Authority must publish, in such manner as the Secretary of State
may determine, the levels of charges set in accordance with this
regulation.
      (6)
In the circumstances described in regulation 8(5)(f), an authority
must accept a sum equivalent to one half of the level of charge set in
5
accordance with this regulation in full payment of a penalty charge.
      (7)
In the circumstances described in regulation 8(5)(k), an authority
may increase a penalty charge to a sum equivalent to one and a half
times the level of charge set in accordance with this regulation.”.”
Supplementary
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9
Commencement and duration, extent and application, and short title
(1)
The preceding provisions of this Act come into force at the end of the period of
two months beginning with the day on which this Act is passed.
(2)
Sections 4 to 8 are repealed at the end of the London Olympics period within
the meaning of the London Olympic Games and Paralympic Games Act 2006
15
(see section 1 of that Act).
(3)
Subsection (2) does not affect any liability incurred, or prevent any liability
arising, by virtue of a provision of that Act in respect of a contravention to
which a penalty charge is applicable; and a penalty charge may be imposed in
respect of the contravention as if sections 4 to 8 had not been repealed.
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(4)
Nothing in subsection (3) affects section 16 of the Interpretation Act 1978
(general savings on repeal).
(5)
Sections 1 and 2 extend to England and Wales and Scotland.
(6)
Section 3 and this section extend to England and Wales, Scotland and Northern
Ireland.
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(7)
Sections 4 to 8 extend to England and Wales only.
(8)
Section 3 applies in respect of anything done whether in the United Kingdom
or elsewhere.
(9)
Sections 4 to 8 apply only in relation to—
(a)
places in England, and
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(b)
things done in or in respect of England.
(10)
This Act may be cited as the London Olympic Games and Paralympic Games
(Amendment) Act 2011.