http://www.legislation.gov.uk/ukpga/2011/22/notes/division/2Traffic managementLegislationExplanatory Notes to London Olympic Games and Paralympic Games (Amendment) Act 2011Department for Culture, Media and SportHome OfficeDepartment for TransportKing's Printer of Acts of Parliament2016-10-31 22 14th December 2011 3 The Act amends the London Olympic Games and Paralympic Games Act 2006 (“the 2006 Act”), which makes provision in a number of areas for the purposes of the London 2012 Olympic and Paralympic Games (“2012 Games”). In particular, the 2006 Act provides for Ministers to make regulations about advertising and trading in the vicinity of 2012 Games events (“advertising and trading regulations”) and makes provision in relation to the sale of 2012 Games tickets and transport, including the management of traffic. 4 Under the 2006 Act as enacted, advertising and trading regulations were to be subject to the affirmative resolution procedure in all cases – they could not be made unless a draft had been laid before and approved by Parliament (or the National Assembly for Wales or Scottish Parliament in the case of regulations for Wales or Scotland respectively). The Olympic Delivery Authority (“the ODA”) – a statutory corporation established by the 2006 Act – is required by that Act to make arrangements to have the effect of advertising and trading regulations made or expected to be made brought to the attention of persons likely to be affected or interested. To that end, the ODA was required to aim to give two years’ notice of the general nature of the regulations and then six months’ notice of their detailed provisions. 5 Advertising and trading regulations are enforceable by the police and ODA-designated enforcement officers. The enforcement powers include the power to enter land or premises and remove infringing articles (the removal of infringing articles is referred to in these Notes as “seizure”). An article may be seized to end a contravention of the regulations, prevent a future contravention, enable the article to be used as evidence in criminal proceedings for the contravention, or to enable it to be forfeited (in exercise of the courts’ general forfeiture powers in criminal cases). 6 Under the 2006 Act as enacted, any article seized by an ODA officer was required to be delivered to a constable. Constables were required to treat seized articles (whether seized by them or an ODA officer) as if acquired by them in the course of the investigation of an offence. The effect of this was that, under the 2006 Act as enacted, all seized articles had to be dealt with by the police who would comply with existing, general legislation about property acquired by the police in connection with the investigation of a suspected offence. Amongst other things, that legislation provides for the return or disposal (including by sale) of such property. 7 Section 1 provides for articles seized in England and Wales in connection with contraventions of advertising and trading regulations to be held and dealt with by the ODA (rather than the police) in accordance with detailed rules inserted into the 2006 Act by section 1. Articles seized in Scotland may be held by either the police or the ODA. Section 2 alters the types of Parliamentary procedure and public notice required under the 2006 Act for some advertising and trading regulations (other than the first set of those regulations). 8 Section 31 of the 2006 Act as enacted provided that the sale of 2012 Games tickets in a public place or in the course of a business, other than with the consent of the London Organising Committee of the Olympic Games and Paralympic Games Limited, is an offence subject to a maximum fine not exceeding level 5 on the standard scale (currently £5,000). Section 3 provides that the maximum fine is increased to £20,000 but makes no other changes to the existing provision on the sale of tickets. 9 The 2006 Act provides for the making of traffic orders – both “permanent” (i.e. planned well in advance) and shorter-term temporary controls – by the ODA and local traffic authorities to regulate traffic to implement the Olympic Transport Plan or to facilitate transport services in connection with the 2012 Games. These powers were based on those that apply in normal circumstances under the Road Traffic Regulation Act 1984 (“the 1984 Act”). In relation to temporary orders, this meant that they were confined to the circumstances in which such orders may be made conventionally: for road works; other danger to road users; and litter clearance. Section 4 provides that temporary orders may be made for Olympic purposes alone. It also empowers traffic authorities to implement temporary controls by notice where necessary or expedient in connection with the 2012 Games – i.e. to address significant sudden and unforeseen circumstances – again following the principles of the 1984 Act. 10 The 2006 Act envisaged that Olympic traffic controls would be enforced under civil procedures and that all relevant legislation under the Traffic Management Act 2004 (“the 2004 Act”) would have been commenced to that end. Only those parts of the 2004 Act concerning parking enforcement are in fact in force. Sections 7 and 8 therefore provide for other existing civil enforcement legislation to be applied (with modifications) to achieve the objectives of the 2006 Act, including in relation to the mechanism for setting penalty charge levels. 11 The 2006 Act provided for temporary “special event” orders under the 1984 Act to be made to facilitate the holding of any London Olympic event (i.e. requiring traffic restrictions other than those covered by the powers in section 14 of the 1984 Act) but it modified those provisions only in relation to complete road closures. Section 6 applies the modified provisions to lesser restrictions also. 12 Finally, the Goods Vehicles (Licensing of Operators) Act 1995 provides for traffic commissioners to issue licences to operators of goods vehicles. Section 9 amends the procedural requirements that would otherwise apply in relation to an application to vary an operator’s licence where the variation is connected with the 2012 Games and where a traffic commissioner is satisfied as to other matters.