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(6) The regulations shall permit, subject to any specified conditions, trading in accordance with an authorisation granted by—
(a) the Olympic Delivery Authority, or
(b) a person to whom the function of granting authorisations for the purpose of this subsection is delegated by the Authority (and the Authority may delegate the function to different persons in respect of different areas or activities).
(7) An authorisation may be subject to terms and conditions; in particular—
(a) an authorisation may be subject to terms and conditions about the times at which trading is carried out or about steps to be taken in respect of congestion, litter or noise, and
(b) an authorisation granted to a person may be subject to terms and conditions which are inconsistent with, or more onerous than, the terms and conditions of any other licence held by the person in respect of trading.
(8) The regulations shall include provision about the circumstances in which authorisations under subsection (6) may and may not be granted; and the regulations may, in particular—
(a) stipulate that an authorisation be granted in respect of a place only if a specified kind of licence exists in respect of trading in that place;
(b) stipulate that an authorisation be granted in respect of a place only if it is designated for a specified purpose in accordance with a specified enactment;
(c) stipulate that an authorisation be granted to a person only if he holds a specified kind of licence in respect of trading;
(d) stipulate that an authorisation may be granted for trading in the course of a fair or market (which the regulations may define) only where—
(i) the fair or market is held in accordance with a specified kind of licence or right, and
(ii) any other specified conditions are satisfied;
(e) require the Authority to have regard to the provisions of the Host City Contract;
(f) confer, subject to provisions of the regulations, an absolute discretion in respect of each application for authorisation.
(1) Regulations under section 25—
(a) may, to a specified extent or for specified purposes, disapply or modify specified enactments relating to trading (which may include enactments conferring rights to conduct a fair or market),
(b) may apply (with or without modifications) or make provision similar to any enactment (which may include provision conferring a right of appeal in respect of the refusal of an authorisation),
(c) may provide for exceptions which may be expressed by reference to the nature of trading, its circumstances, the application of profits or any other matter (which may include the consent of a specified person),
(d) may make provision which applies generally or only for specified purposes or in specified circumstances, and
(e) may make different provision for different purposes or circumstances.
(2) Regulations under section 25—
(a) shall be made by statutory instrument, and
(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
(3) Before making regulations under section 25 the Secretary of State shall consult—
(a) such authorities, with responsibilities for the licensing of trading in respect of places to which the regulations apply or may apply, as he thinks appropriate,
(b) such persons, who appear to the Secretary of State to represent interests likely to be affected by the regulations, as he thinks appropriate,
(c) the Olympic Delivery Authority, and
(d) the London Organising Committee.
(4) Regulations under section 25 shall have effect despite any licence granted (whether before or after the commencement of the regulations)—
(a) by any landowner, local authority or other person, or
(b) by or by virtue of any enactment, Charter or other document.
(5) If regulations under section 25 would be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, they shall proceed in that House as if they were not a hybrid instrument.
(6) In section 25 and this section “licence” includes any kind of consent, certificate, permission or authority (by whatever name).
(1) A person commits an offence if he contravenes regulations under section 25.
(2) A person guilty of an offence under subsection (1) shall be liable—
(a) on conviction on indictment, to a fine, or
(b) on summary conviction, to a fine not exceeding £20,000.
(1) A constable or enforcement officer may—
(a) enter land or premises on which they reasonably believe a contravention of regulations under section 25 is occurring;
(b) remove any infringing article;
(c) when entering land under paragraph (a), be accompanied by one or more persons for the purpose of taking action under paragraph (b);
(d) use, or authorise the use of, reasonable force for the purpose of taking action under this subsection.
(2) The power to remove an article may be exercised only if the constable or enforcement officer thinks it necessary for the purpose of—
(a) ending the contravention of regulations under section 25,
(b) preventing a future contravention of the regulations,
(c) enabling the article to be used as evidence in proceedings for an offence under section 27, or
(d) enabling the article to be forfeited in accordance with section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
(3) An article removed shall be returned when retention is no longer justified by a matter specified in subsection (2)(a) to (d); but this subsection does not apply to perishable articles which have ceased to be usable for trade.
(4) An article removed—
(a) if removed by an enforcement officer, shall as soon as is reasonably practicable be delivered to a constable, and
(b) whether removed by or delivered to a constable, shall be treated as if acquired by the constable in the course of the investigation of an offence;
but this subsection is subject to subsection (3).
(5) Having exercised a power under this section a constable or enforcement officer—
(a) shall take reasonable steps to leave the land or premises secure, and
(b) shall comply with any provision of regulations under section 25 about informing specified persons of what the constable or enforcement officer has done.
(6) Regulations under section 25 shall include provision enabling a person whose property is damaged in the course of the exercise or purported exercise of a power under this section (other than a person responsible for a contravention of the regulations) to obtain compensation from a police authority or the Olympic Delivery Authority; and the regulations may, in particular, include provision—
(a) conferring jurisdiction on a court or tribunal;
(b) about appeals.
(7) A police authority or the Olympic Delivery Authority may recover from a person responsible for the contravention of regulations under section 25, as if it were a debt, the reasonable costs of taking action under this section.
(8) In this section—
“enforcement officer” means a person designated for the purposes of that subsection by the Olympic Delivery Authority (and paragraph 29(1)(a) to (d) of Schedule 1 shall apply to an enforcement officer whether or not he is a member of the Authority’s staff), and
“infringing article” means—
an article that is being offered for trade in contravention of regulations under section 25 or is otherwise being used in connection with a contravention of the regulations, and
anything (other than a vehicle) containing an article to which paragraph (a) applies.
(1) The Olympic Delivery Authority shall—
(a) make arrangements to have the effect of regulations made or expected to be made under section 25 brought to the attention of persons likely to be affected or interested, and
(b) work with persons likely to be prevented by regulations under section 25 from carrying out their habitual trading activities in attempting to identify acceptable alternatives.
(2) In exercising their function under subsection (1) the Authority shall—
(a) aim to give two years' notice of the general nature of the regulations, and
(b) aim to give six months' notice of the detailed provisions of the regulations.
(3) The Olympic Delivery Authority—
(a) shall make available to persons who are or may be affected by regulations under section 25 advice about the effect or likely effect of the regulations, and
(b) may give assistance (which may include financial assistance) in complying with or avoiding breaches of the regulations.
(4) The Olympic Delivery Authority may institute criminal proceedings in respect of an offence under section 27.
(5) Subsection (4) shall not apply in relation to the institution of proceedings in Scotland or Northern Ireland.
(6) The Olympic Delivery Authority shall—
(a) prepare a strategy for the exercise of their functions under this section and under or by virtue of sections 25 and 28,
(b) submit the strategy to the Secretary of State,
(c) revise the strategy until it obtains the Secretary of State’s approval, and
(d) publish the strategy as approved.
(1) The Secretary of State may by order require specified persons to give information about the effect or likely effect of regulations under section 25 to persons falling within a specified class.
(2) In particular, the order may require a person who grants a consent, certificate, permission or authority (by whatever name) to inform the recipient of the effect of section 26(4).
(3) An order under this section—
(a) shall be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) A person commits an offence if he sells an Olympic ticket—
(a) in a public place or in the course of a business, and
(b) otherwise than in accordance with a written authorisation issued by the London Organising Committee.
(2) For the purposes of subsection (1)—
(a) “Olympic ticket” means anything which is or purports to be a ticket for one or more London Olympic events,
(b) a reference to selling a ticket includes a reference to—
(i) offering to sell a ticket,
(ii) exposing a ticket for sale,
(iii) advertising that a ticket is available for purchase, and
(iv) giving, or offering to give, a ticket to a person who pays or agrees to pay for some other goods or services, and
(c) a person shall (without prejudice to the generality of subsection (1)(a)) be treated as acting in the course of a business if he does anything as a result of which he makes a profit or aims to make a profit.
(3) A person does not commit an offence under subsection (1) by advertising that a ticket is available for purchase if—
(a) the sale of the ticket if purchased would be in the course of a business only by reason of subsection (2)(c), and
(b) the person does not know, and could not reasonably be expected to discover, that subsection (2)(c) would apply to the sale.
(4) A person does not commit an offence under subsection (1) (whether actual or inchoate) only by virtue of making facilities available in connection with electronic communication or the storage of electronic data.
(5) Where a person who provides services for electronic communication or for the storage of electronic data discovers that they are being used in connection with the commission of an offence under subsection (1), the defence in subsection (4) does not apply in respect of continued provision of the services after the shortest time reasonably required to withdraw them.
(6) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) Section 32(2)(b) of the Police and Criminal Evidence Act 1984 (c. 60) (power to search premises) shall, in its application to the offence under subsection (1) above, permit the searching of a vehicle which a constable reasonably thinks was used in connection with the offence.
(8) Subsection (9) applies where a person in Scotland is arrested in connection with the commission of an offence under subsection (1).
(9) For the purposes of recovering evidence relating to the offence, a constable in Scotland may without warrant enter and search—
(a) premises in which the person was when arrested or immediately before he was arrested, and
(b) a vehicle which the constable reasonably believes is being used or was used in connection with the offence.
(10) Subsection (9) is without prejudice to any power of entry or search which is otherwise exercisable by a constable in Scotland.
(11) The London Organising Committee shall make arrangements for the grant of authorisations under subsection (1)(b); and the arrangements may, in particular—
(a) make provision about charges;
(b) enable the Committee to exercise unfettered discretion.
(12) In this section a reference to a London Olympic event includes a reference to an event held by way of a pre-Olympic event in accordance with arrangements made by the London Organising Committee in pursuance of paragraph 7 of the Bye-Law to Rule 49 of the Olympic Charter.
Schedule 3 (which amends the Olympic Symbol etc. (Protection) Act 1995 (c. 32)) shall have effect.
Schedule 4 (which creates the London Olympics association right) shall have effect.
(1) The Greater London Authority may do anything—
(a) for the purpose of complying with an obligation of the Mayor of London under the Host City Contract (whether before, during or after the London Olympics),
(b) for a purpose connected with preparing for or managing the London Olympics, or
(c) for a purpose connected with anything done in accordance with paragraph (a) or (b).
(2) In particular, the Greater London Authority may—
(a) arrange for the construction, improvement or adaptation of premises or facilities of any description;
(b) arrange for the provision of services of any description;
(c) undertake works of any description;
(d) acquire land or other property;
(e) enter into agreements;
(f) act jointly or cooperate with any person (whether or not having functions under the Host City Contract);
(g) give financial or other assistance to persons in respect of activity connected with the London Olympics (whether or not the activity is undertaken in pursuance of an agreement with the Authority);
(h) take action in respect of places outside London.
(3) In exercising the function under subsection (1) the Authority shall have regard to the desirability of consulting and cooperating with—
(a) the Secretary of State,
(b) the British Olympic Association,
(c) the London Organising Committee, and
(d) other persons with experience or knowledge which might be useful in relation to preparing for or managing the London Olympics.
(4) In exercising the function under subsection (1) the Authority shall have regard to the desirability of maximising the benefits to be derived after the London Olympics from things done in preparation for them.
(5) In so far as section 38 of the Greater London Authority Act 1999 (c. 29) (delegation) permits the delegation of a function under this section to the London Development Agency, section 38(7) of that Act shall not have the effect of disapplying section 5(2) and (3) of the Regional Development Agencies Act 1998 (c. 45) (requirement for Secretary of State’s consent for certain activities; and limitations in respect of the provision of housing).
(1) Financial assistance under section 34(2)(g) may be given on terms or conditions (which may, in particular, include terms or conditions for repayment with or without interest).
(2) The Greater London Authority may accept contributions towards expenditure in connection with the London Olympics.
(3) The Secretary of State may, after the conclusion of the London Olympics, repeal section 34 and this section by order made by statutory instrument; and the order may—
(a) include savings (which may include provision saving, to such extent as may be specified and whether or not subject to modifications, the effect of a provision of the Greater London Authority Act 1999 or another primary or subordinate enactment in so far as it applies in relation to section 34);
(b) include transitional provision (which may include provision relating to the effect of a provision of an enactment in so far as it applies in relation to section 34);
(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 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 or liabilities in relation to legal proceedings);
(d) include provision of any other kind relating to the management, control or treatment of anything constructed or done in accordance with section 34(1);
(e) include incidental or consequential provision;
(f) make provision having effect generally or only for specified cases or purposes;
(g) make different provision for different cases or purposes.
(4) Before making an order under subsection (3) the Secretary of State shall consult the Mayor of London.
(5) An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(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 subsection (1) except at the request of the Olympic Delivery Authority.
(3) 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)—26
(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,
(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.
(4) 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 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 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 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);
(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 purposes;
(g) make different provision for different cases or purposes.
(5) An order under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In its application to Scotland, this Act has effect subject to the following modifications.
(2) “Enactment”, except in section 9(2)(d)(iv), includes an enactment contained in, or in an instrument under, an Act of the Scottish Parliament.
(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).
(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 within the meaning of the Roads (Scotland) Act 1984 (c. 54).
(8) In sections 19 to 30—
(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 as if they were references to a resolution of the Scottish Parliament.
(9) In section 20(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.
(10) In section 22(4)—
(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.
(11) In sections 22(5)(d) and 28(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).
In its application to Northern Ireland this Act has effect as if—
(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,
(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,
(g) the reference in section 28(2)(d) to section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) 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 31(5) to section 32(2)(b) of the Police and Criminal Evidence Act 1984 (c. 60) were a reference to Article 34(2)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), and
(i) for section 39 there were substituted—
In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (arrestable offences) at the end add—
“(r) offences under section 21(1), 27(1) or 31(1) of the London Olympic Games and Paralympic Games Act 2006 (unauthorised advertising, trading and ticket sales).””
(1) At the end of Schedule 1A to the Police and Criminal Evidence Act 1984 (arrestable offences) add—
27B An offence under section 21(1), 27(1) or 31(1) of the London Olympic Games and Paralympic Games Act 2006 (unauthorised advertising, trading and ticket-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 21(1), 27(1) or 31(1).
(3) Subsection (2) is without prejudice to any power of arrest which is otherwise exercisable by a constable in Scotland.
(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,
(c) section 32 and paragraphs 1 to 11 of Schedule 3,
(d) section 33 and Schedule 4,
(e) sections 34 and 35(1) and (2),
(f) section 36(3)(a) and (d),
(g) section 37, and
(h) section 38.
(2) The other preceding provisions of this Act (including paragraphs 12 to 14 of Schedule 3) 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—
(a) sections 19 to 31, and
(b) section 39(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,
(c) may include transitional or incidental provision, and
(d) shall be made by statutory instrument.
(5) Despite subsection (1)(c), 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 date on which this Act receives Royal Assent, no account shall be taken of any amendment made of that Act by Schedule 3 to this Act.
London Olympic Games and Paralympic Games Act 2006