OpenLegislation

London Olympic Games and Paralympic Games (Amendment) Act 2011 in Scotland

2011 c. 22 · Enacted 14 December 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 2 December 2014.

An Act to amend the London Olympic Games and Paralympic Games Act 2006.

[14th December 2011]

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:—

Contents

  1. Advertising and trading
  2. 1Removal of infringing articles
  3. 2Regulations: Parliamentary procedure and public notice
  4. Ticket touting
  5. 3Increase of maximum fine
  6. Traffic
  7. 9Goods vehicle operator licences
  8. Supplementary
  9. 10Commencement and duration, extent and application, and short title

1Removal of infringing articles

(1)

In section 21 of the London Olympic Games and Paralympic Games Act 2006 (offence of contravening advertising regulations), omit subsection (4).

(2)

In section 22 of that Act (contravention of advertising regulations: power of entry), in subsection (5)—

(a)

after paragraph (b) insert “ or ”, and

(b)

omit paragraph (d) and the preceding “or”.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

In subsection (10) of that section—

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph (b) of the definition of “infringing article”, after “thing” insert “ , or an animal, ”.

(5)

In section 28 of that Act (contravention of trading regulations: power of entry), in subsection (2)—

(a)

after paragraph (b) insert “ or ”, and

(b)

omit paragraph (d) and the preceding “or”.

(6)

Omit subsection (3) of that section.

F3(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

In subsection (8) of that section—

F4(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in each of paragraphs (a) and (b) of the definition of “infringing article”, after “article” insert “ or animal ”.

F5(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

In section 37 of that Act (Scotland), omit—

(a)

subsection (6), and

(b)

subsection (11).

(11)

At the end of that section insert—

“(12)

In section 22, subsection (6) has effect as if there were substituted for it—

“(6)

An article that is held by a constable (having been removed by or delivered to the constable) shall be returned when retention is no longer justified by a matter specified in subsection (5)(a) to (c), unless—

(a)

in the case of a perishable article, the article has ceased to be usable for trade, or

(b)

the court orders the article to be forfeited under Part 2 of the Proceeds of Crime (Scotland) Act 1995.

(6A)

Subject to subsection (6), the article shall be treated as if acquired by the constable in the course of the investigation of an offence.

(6B)

An article that is held by an enforcement officer (having been removed by or delivered to the officer) shall be dealt with in accordance with sections 31A to 31E.”

(13)

In section 28, subsection (4) has effect as if there were substituted for it—

“(4)

An article that is held by a constable (having been removed by or delivered to the constable) shall be returned when retention is no longer justified by a matter specified in subsection (2)(a) to (c), unless—

(a)

in the case of a perishable article, the article has ceased to be usable for trade, or

(b)

the court orders the article to be forfeited under Part 2 of the Proceeds of Crime (Scotland) Act 1995.

(4A)

Subject to subsection (4), the article shall be treated as if acquired by the constable in the course of the investigation of an offence.

(4B)

An article that is held by an enforcement officer (having been removed by or delivered to the officer) shall be dealt with in accordance with sections 31A to 31E.”

(14)

In sections 31A, 31B and 31D, the references to a magistrates' court are to be read as if they were references to the sheriff.

(15)

Section 31A has effect as if—

(a)

in subsection (4), “before the end of the relevant period” and “at the end of that period” were omitted,

(b)

in subsections (5) and (6), “before the end of the relevant period” were omitted,

(c)

in subsection (6), in paragraph (b), for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” there were substituted “ Part 2 of the Proceeds of Crime (Scotland) Act 1995 ”,

(d)

in that subsection, paragraph (c) were omitted,

(e)

in subsection (8), “or (6)(c)” were omitted, and

(f)

subsection (10) were omitted.

(16)

Section 31E has effect as if subsections (5) to (10) were omitted.”

(12)

In section 38 of that Act (Northern Ireland), omit paragraph (g).

2Regulations: Parliamentary procedure and public notice

(1)

In section 20 of the London Olympic Games and Paralympic Games Act 2006 (supplementary provision about advertising regulations), after subsection (2) insert—

“(2A)

But if, in relation to regulations under section 19 other than the first regulations, the Secretary of State considers that by reason of urgency it is necessary that they be made without being approved in draft—

(a)

subsection (2)(b) does not apply to the regulations, and

(b)

the regulations are instead subject to annulment in pursuance of a resolution of either House of Parliament.”

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In section 26 of that Act (supplementary provision about trading regulations), after subsection (2) insert—

“(2A)

But if, in relation to regulations under section 25 other than the first regulations, the Secretary of State considers that by reason of urgency it is necessary that they be made without being approved in draft—

(a)

subsection (2)(b) does not apply to the regulations, and

(b)

the regulations are instead subject to annulment in pursuance of a resolution of either House of Parliament.”

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

In section 37 of that Act (Scotland), in subsection (8)(b), after “references”, in the first place it appears, insert “ (other than in sections 20 and 26) ”.

(6)

After subsection (9) of that section insert—

“(9A)

Sections 20 and 26 are to have effect as if, in each case, for subsections (2) and (2A) there were substituted—

“(2)

Regulations under that section are subject to the affirmative procedure.

(2A)

But if, in relation to regulations under that section other than the first regulations, the Scottish Ministers consider that by reason of urgency it is necessary that they be made without being approved in draft—

(a)

subsection (2) does not apply to the regulations, and

(b)

the regulations are instead subject to the negative procedure.”””

3Increase 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 ”.

(2)

Subsection (1) applies only where the offence under section 31(1) of that Act is committed after the commencement of this section.

9Goods vehicle operator licences

After section 16D of the London Olympic Games and Paralympic Games Act 2006, insert—

“Goods vehicle operator licences: waiver of procedural requirements

16E
(1)

This section applies in a case where, on an application to vary an operator's licence under section 17 of the Goods Vehicles (Licensing of Operators) Act 1995 (“the 1995 Act”), a traffic commissioner is satisfied that—

(a)

the variation applied for has a connection with the London Olympics,

(b)

there would not, but for this section, be sufficient time to dispose of the application before the beginning of the London Olympics period, and

(c)

the circumstances in which the application is being made are such that, but for this section, it could not have been made in sufficient time to be disposed of before the beginning of that period.

(2)

The traffic commissioner may direct—

(a)

that subsection (3) is to apply in relation to the application, and

(b)

if the traffic commissioner proposes to hold an inquiry under section 35 of the 1995 Act in relation to the application, that subsection (4) is to apply in relation to the inquiry.

(3)

If the traffic commissioner gives the direction under subsection (2)(a), the following provisions of the 1995 Act do not apply in relation to the application—

(a)

section 17(3) (publication of notice by traffic commissioner);

(b)

section 18 (publication of notice by operator).

(4)

If the traffic commissioner gives the direction under subsection (2)(b), Schedule 4 to the Goods Vehicles (Licensing of Operators) Regulations 1995 (S.I. 1995/2869), in its application to the inquiry, has effect as if for sub-paragraph (3) of paragraph 1 there were substituted—

“(3)

The traffic commissioner may abridge the periods referred to in sub-paragraphs (1) and (2).”

(5)

Section 23 of the 1995 Act (conditions as to use of operating centres) applies in relation to the licence as if the application were an application of which notice has been published under section 17(3) of that Act.

(6)

Such variations as are made to the licence on the application, including by the attachment of conditions under section 21 or 23 of the 1995 Act (road safety and operating centres), have effect only during the London Olympics period.

(7)

Subsection (3)(a) does not affect the liability incurred in respect of the application under regulation 3 of the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 (S.I. 1995/3000) (which requires payment of a fee on an application for variation for which publication is required by section 17(3) of the 1995 Act).

(8)

The power to give a direction under subsection (2) includes power to vary or revoke the direction.

(9)

In exercising functions under this section, the traffic commissioner must act under the general directions of, and have regard to guidance given by, the senior traffic commissioner.

(10)

In this section, “operator's licence” has the same meaning as in the 1995 Act (see section 2(1) of that Act).”

10Commencement 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 9 are repealed at the end of the London Olympics period within the meaning of the London Olympic Games and Paralympic Games Act 2006 (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.

(4)

Nothing in subsection (3) affects section 16 of the Interpretation Act 1978 (general savings on repeal).

(5)

Sections 1, 2 and 9 extend to England and Wales and Scotland.

(6)

Section 3 and this section extend to England and Wales, Scotland and Northern Ireland.

(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

(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.