Search Legislation

London Olympic Games and Paralympic Games Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the London Olympic Games and Paralympic Games Act 2006, Paragraph 14. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

This section has no associated Explanatory Notes

14U.K.After section 12 (forfeiture) insert—

12ADetention by Revenue and Customs

(1)The proprietor may give notice in writing to the Commissioners for Her Majesty's Revenue and Customs—

(a)stating that at a time and place specified in the notice, goods which are infringing goods, material or articles are expected to arrive in the United Kingdom—

(i)from outside the European Economic Area, or

(ii)from within the Area but not having been entered for free circulation,

(b)specifying the nature of the controlled representation by reference to which the goods are infringing goods, material or articles, and

(c)requesting the Commissioners to detain the goods.

(2)The Commissioners may detain goods to which a notice under subsection (1) relates.

(3)But the Commissioners may not detain goods—

(a)imported by a person for his private and domestic use, or

(b)to which section 89(3) of the Trade Marks Act 1994 applies (Council Regulation (EC) No. 1383/2003).

(4)If the Commissioners detain goods to which a notice under subsection (1) applies they shall as soon as is reasonably practicable—

(a)give written notice of the detention and the grounds for it to the person in whose name the goods were presented or declared to customs, and

(b)give the proprietor notice that the goods have been detained, specifying in respect of the goods such information as is available to the Commissioners about—

(i)the nature of the goods,

(ii)their number,

(iii)the place where they were manufactured,

(iv)the place from which they were sent,

(v)the name and address of the person by whom they were sent,

(vi)the name and address of the person mentioned in paragraph (a),

(vii)the name and address of the person to whom they were to be delivered, and

(viii)the name and address of the person who holds them during detention.

(5)The Commissioners may provide samples of detained goods to the proprietor on request, in which case he—

(a)may use the samples only for the purpose of determining whether they are infringing goods, material or articles,

(b)must return the samples to the Commissioners as soon as is reasonably practicable, and

(c)must inform the Commissioners as soon as is reasonably practicable whether the goods are infringing goods, material or articles.

(6)The Commissioners may permit the proprietor on request to inspect detained goods (in which case he must inform the Commissioners as soon as is reasonably practicable whether the goods are infringing goods, material or articles).

(7)The Commissioners shall release goods detained in pursuance of a notice under subsection (1) if—

(a)the Commissioners think that initiating process in proceedings under section 6 in respect of the goods has not been served during the period of 10 working days, in the case of non-perishable goods, or 3 working days, in the case of perishable goods, beginning with the date on which the notice under subsection (4)(b) was received,

(b)the Commissioners think that proceedings under section 6 in respect of the goods have been withdrawn, have lapsed or have terminated without an order being made in respect of the goods by virtue of section 7, or

(c)the Commissioners are informed by the proprietor that the goods are not infringing goods, material or articles.

(8)The Commissioners may detain goods which they think, having regard to the nature of the goods and to information provided by the proprietor, may be infringing goods, material or articles; and if the Commissioners detain goods under this subsection—

(a)they shall as soon as is reasonably practicable invite the proprietor to give the Commissioners a notice that the goods are infringing goods, material or articles,

(b)they shall, when giving an invitation under paragraph (a), give in respect of the goods such information as is available to them about—

(i)the nature of the goods,

(ii)their number,

(iii)the place where they were manufactured,

(iv)the place from which they were sent,

(v)the name and address of the person by whom they were sent,

(vi)the name and address of the person in whose name the goods were presented or declared to customs,

(vii)the name and address of the person to whom they were to be delivered, and

(viii)the name and address of the person who holds them during detention,

(c)they may provide samples of the goods to the proprietor on request in which case he —

(i)may use the samples only for the purpose of determining whether they are infringing goods, material or articles,

(ii)must return the samples to the Commissioners as soon as is reasonably practicable, and

(iii)must inform the Commissioners as soon as reasonably practicable whether the goods are infringing goods, material or articles,

(d)they may permit the proprietor on request to inspect the goods (in which case he must inform the Commissioners as soon as reasonably practicable whether the goods are infringing goods, material or articles),

(e)if no notice is given in accordance with paragraph (a) within the period of 3 working days beginning with the date on which the invitation under that paragraph is received, the Commissioners shall release the goods, and

(f)if a notice is given in accordance with paragraph (a), the Commissioners shall proceed as if it were a notice given under subsection (1) above (and as if the goods were detained in pursuance of that notice), but—

(i)subsections (4)(b), (5) and (6) shall not have effect, and

(ii)subsection (7) shall have effect as if the reference to the notice under subsection (4)(b) were a reference to information under paragraph (b) above.

12BSection 12A: supplementary

(1)Section 90 of the Trade Marks Act 1994 (c. 26) (regulations as to form of notice, &c.) shall have effect in relation to a notice under subsection 12A(1) or (8)(a) above as in relation to a notice under section 89(1).

(2)A person who is or was an officer or employee of the proprietor, or who acts or acted on the proprietor's behalf, commits an offence if he discloses information provided in accordance with section 12A(4)(b) or 12A(8)(b) other than—

(a)for the purpose of, or with a view to the institution of, proceedings under section 6,

(b)for the purpose of complying with an enactment,

(c)in pursuance of an order of a court,

(d)in a form which ensures that the identity of no person to whom the information relates is specified or can be deduced,

(e)with the consent of each person to whom the information relates, or

(f)with the consent of the Commissioners for Her Majesty's Revenue and Customs;

and sections 19(3), (4), (7) and 55(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (defences and penalties) shall have effect in relation to this subsection.

(3)Section 139(1), (2), (3), (4), (7) and (8) of the Customs and Excise Management Act 1979 (detention of goods: constables, &c.) shall apply in relation to goods liable to detention in accordance with section 12A above as in relation to things liable to forfeiture—

(a)with the substitution of a reference to this Act for a reference to the customs and excise Acts, and

(b)with any other necessary modifications.

(4)Section 144 of that Act (protection of officers) shall apply in relation to the detention of goods in accordance with section 12A above—

(a)with the substitution of a reference to proceedings under section 6 above for the reference in section 144(1) to proceedings for condemnation, and

(b)with any other necessary modifications.

(5)In section 12A “working day” means a day that is not a Saturday, a Sunday or a bank holiday (within the meaning of section 1 of the Banking and Financial Dealings Act 1971 (c. 80)).

Commencement Information

I1Sch. 3 para. 14 in force at 2.4.2007 by S.I. 2007/1064, art. 2(c)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources