The Olympic Delivery Authority (Dissolution) Order 2014

Draft Order laid before Parliament under section 9(7) of the London Olympic Games and Paralympic Games Act 2006.

Draft Statutory Instruments

2014 No.

Olympic Games And Paralympic Games

The Olympic Delivery Authority (Dissolution) Order 2014

Made

2014

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred by section 9(1) and (2) of the London Olympic Games and Paralympic Games Act 2006(1), makes the following Order.

The Secretary of State has consulted in accordance with section 9(3) of that Act.

Title, commencement and interpretation

1.—(1) The title of this Order is the Olympic Delivery Authority (Dissolution) Order 2014.

(2) It comes into force on 2nd December 2014.

(3) In this Order—

(a) “the Act” means the London Olympic Games and Paralympic Games Act 2006;

(b) “the Authority” means the Olympic Delivery Authority(2); and

(c) “the dissolution date” means 2nd December 2014.

Abolition of the Olympic Delivery Authority

2.—(1) The Authority is dissolved.

(2) The Schedule, which makes consequential provision in relation to the dissolution described in paragraph (1), has effect.

Transfer of property, rights and liabilities

3.  All the property, rights and liabilities to which the Authority is entitled or subject immediately before the dissolution date become on that date the property, rights and liabilities of the Secretary of State for Culture, Media and Sport.

Final report

4.—(1) As soon as reasonably practicable after the dissolution date, the Secretary of State must prepare a report on the exercise by the Authority of its functions during the period beginning on 1st April 2014 and ending on the dissolution date (“the final report”).

(2) The final report must be prepared in accordance with any directions given to the Authority by the Secretary of State under paragraph 18 of Schedule 1(3) to the Act which had effect during the period covered by the final report, and must specify any such directions.

(3) The Secretary of State must lay a copy of the final report before Parliament.

Final accounts

5.—(1) As soon as reasonably practicable after the dissolution date, the Secretary of State must prepare a statement of accounts of the Authority in respect of the period beginning on 1st April 2014 and ending on the dissolution date (“the final accounts”).

(2) The final accounts must be prepared in accordance with any directions given to the Authority by the Secretary of State under paragraph 18 of Schedule 1 to the Act which had effect during the period covered by the final accounts.

(3) The Secretary of State must send a copy of the final accounts to the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must examine, certify and report on the final accounts, and send a copy of that report to the Secretary of State.

(5) The Secretary of State must lay before Parliament a copy of the final accounts and the report prepared by the Comptroller and Auditor General.

Supplementary provisions

6.—(1) This Order does not affect the validity of anything done by or in relation to the Authority before the dissolution date.

(2) Anything (including legal proceedings) which, immediately before the dissolution date, is in the process of being done by or in relation to the Authority may be continued, so far as it relates to anything transferred by article 3, on and after the dissolution date by or in relation to the Secretary of State for Culture, Media and Sport.

(3) Anything done by or in relation to the Authority in connection with anything transferred by article 3 has effect on and after the dissolution date as if done by or in relation to the Secretary of State for Culture, Media and Sport.

(4) On and after the dissolution date, so far as is necessary or appropriate for the purposes of or in consequence of anything transferred by article 3, a reference to the Authority in any document is to be treated as a reference to the Secretary of State for Culture, Media and Sport.

Sajid Javid

Department for Culture, Media and Sport

Date

Article 2(2)

SCHEDULE

Amendments to the London Olympic Games and Paralympic Games Act 2006

1.  The Act is amended as follows.

2.  The following provisions of the Act are repealed—

(a) section 3 (establishment);

(b) section 4 (general functions);

(c) section 5 (planning);

(d) section 6 (security);

(e) section 7 (street lighting and cleaning);

(f) section 8 (transfer schemes);

(g) section 23 (role of Olympic Delivery Authority);

(h) subsections (6) to (8) of section 25 (street trading, &c.);

(i) section 29 (role of Olympic Delivery Authority);

(j) section 31A (cases involving criminal proceedings);

(k) section 31B (cases not involving criminal proceedings: articles other than vehicles);

(l) section 31C (cases not involving criminal proceedings: vehicles);

(m) section 31D (disposal orders);

(n) section 31E (sale or other disposal);

(o) paragraphs (a) and (b) of section 41(1) (extent and application);

(p) Schedule 1 (the Olympic Delivery Authority); and

(q) Schedule 2 (transfer schemes).

3.  In section 20 (regulations: supplemental), omit paragraph (d) of subsection (3).

4.  In section 22 (enforcement: power of entry)—

(a) in subsections (1) to (5) and (7), omit “or enforcement officer” in each place it occurs;

(b) omit subsection (6);

(c) in subsections (8) and (9), for “, a police authority or the Olympic Delivery Authority”, substitute “or a police authority”; and

(d) omit the definition of “enforcement officer” in subsection (10).

5.  In section 26 (section 25: supplemental)—

(a) in paragraph (b) of subsection (1), omit “(which may include provision conferring a right of appeal in respect of the refusal of an authorisation)”; and

(b) omit paragraph (c) of subsection (3).

6.  In section 28 (enforcement: power of entry)—

(a) in subsections (1), (2) and (5), omit “or enforcement officer” in each place it occurs;

(b) omit subsection (4);

(c) in subsections (6) and (7), for “, a police authority or the Olympic Delivery Authority”, substitute “or a police authority”; and

(d) omit the definition of “enforcement officer” in subsection (8).

7.  In section 37 (Scotland)—

(a) in paragraph (b) of subsection (10), omit “or enforcement officer”;

(b) in subsection (12), omit subsection (6B) in the text which has effect as if substituted for subsection (6) of section 22 of the Act;

(c) in subsection (13), omit subsection (4B) in the text which has effect as if substituted for subsection (4) of section 28 of the Act; and

(d) omit subsections (14), (15) and (16).

Amendments to other enactments

8.  In Part 2 of the Table in Schedule 1 (definition of public records: other establishments and organisations) to the Public Records Act 1958(4), omit the entry “Olympic Delivery Authority”.

9.  In Schedule 2 (departments etc. subject to investigation) to the Parliamentary Commissioner Act 1967(5), omit the entry “Olympic Delivery Authority”.

10.  In Schedule 1 (kinds of employment, etc., referred to in section 1) to the Superannuation Act 1972(6), omit the entry “The Olympic Delivery Authority”.

11.  In Part 3 of Schedule 1 (offices disqualifying for membership: other disqualifying offices) to the House of Commons Disqualification Act 1975(7), omit the entry “Chairman, or member in receipt of remuneration, of the Olympic Delivery Authority”.

12.  In Part 3 of Schedule 1 (offices disqualifying for membership: other disqualifying offices) to the Northern Ireland Assembly Disqualification Act 1975(8), omit the entry “Chairman, or member in receipt of remuneration, of the Olympic Delivery Authority”.

13.  In section 408 (transfers of property, rights or liabilities) of the Greater London Authority Act 1999(9)—

(a) omit paragraphs (gb), (gc) and (gd) in subsection (3); and

(b) omit subsections (9) and (10).

14.  In Part 6 of Schedule 1 (public authorities: other public bodies and offices: general) to the Freedom of Information Act 2000(10), omit the entry “The Olympic Delivery Authority”.

15.  In Part 1 of Schedule 19 (public authorities: general) to the Equality Act 2010(11), omit the entry “The Olympic Delivery Authority”.

16.  In the Localism Act 2011(12)—

(a) in section 200 (transfers of property etc. to a Mayoral development corporation)—

(i) omit paragraphs (f), (g) and (h) in subsection (3), and

(ii) omit subsections (7) and (8); and

(b) in paragraph 51 of Schedule 22 (Mayoral development corporations: consequential and other amendments), omit sub-paragraph (2).

17.  In the London Olympic Games and Paralympic Games (Amendment) Act 2011(13)—

(a) in section 1 (removal of infringing articles), omit subsections (3), (4)(a), (7), (8)(a) and (9); and

(b) omit subsections (2) and (4) of section 2 (regulations: Parliamentary procedure and public notice).

Amendments to subordinate legislation

18.—(1) In the Schedule to the English language text of the Welsh Language Schemes (Public Bodies) Order 2008(14), omit the reference to “Olympic Delivery Authority”.

(2) In the Schedule to the Welsh language text of that Order, omit the reference to “Awdurdod Gweithredu’r Gemau Olympaidd”.

19.  The Olympic Route Network Designation (Amendment) Order 2011(15) is revoked.

20.  In Schedule 1 (public authorities required to publish information by 31st January 2012) to the Equality Act 2010 (Specific Duties) Regulations 2011(16), omit the entry relating to “The Olympic Delivery Authority”.

EXPLANATORY NOTE

(This note is not part of the Order)

The Olympic Delivery Authority was established by section 3(1) of the London Olympic Games and Paralympic Games Act 2006 (the Act).

This Order dissolves the Olympic Delivery Authority (the Authority) on 2nd December 2014 and provides for the transfer of its property, rights and liabilities immediately before that date to the Secretary of State for Culture, Media and Sport (articles 2 and 3). The Schedule amends the Act in consequence of this dissolution, and makes consequential amendments to other primary and secondary legislation.

This Order also makes related provision for the preparation of the Authority’s final report (article 4), the preparation and audit of its final accounts (article 5), and a number of other supplementary provisions (article 6).

No impact assessment has been produced for this instrument, but an Explanatory Memorandum has been prepared and is available alongside the instrument on www.legislation.gov.uk.

(1)

2006 c. 12; section 9 was modified by S.I. 2007/2129 and amended by S.I. 2010/1551.

(2)

The Olympic Delivery Authority was established by section 3(1) of the Act.

(3)

Paragraph 18 of Schedule 1 to the Act was modified by S.I. 2007/2129 and amended by S.I. 2010/1551.

(4)

1958 c. 51; the entry for the Authority was inserted by paragraph 22 of Schedule 1 to the Act.

(5)

1967 c. 13; the entry for the Authority was inserted by paragraph 13 of Schedule 1 to the Act.

(6)

1972 c. 11; the entry for the Authority was inserted by paragraph 29(2) of Schedule 1 to the Act.

(7)

1975 c. 24; the relevant entry was inserted by paragraph 14 of Schedule 1 to the Act.

(8)

1975 c. 25; the relevant entry was inserted by paragraph 15 of Schedule 1 to the Act.

(9)

1999 c. 29; these paragraphs and subsections (9) and (10) were added by the Localism Act 2011 (c. 20), Schedule 22, paragraphs 51(2) and (3).

(10)

2000 c. 36; the entry for the Authority was inserted by paragraph 23 of Schedule 1 to the Act.

(11)

2010 c. 15.

(12)

2011 c. 20.

(13)

2011 c. 22.

(14)

S.I. 2008/1890.

(15)

S.I. 2011/1656.

(16)

S.I. 2011/2260.