Clause 1 — Removal of infringing articles

London Olympic Games and Paralympic Games (Amendment) Bill – in the House of Commons at 4:00 pm on 8 September 2011.

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Photo of Hugh Robertson Hugh Robertson Parliamentary Under-Secretary (Department for Culture, Media and Sport) (Sport and the Olympics) 4:00, 8 September 2011

I beg to move amendment 1, page 1, line 2, in clause 1, at end insert—

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

Photo of Hugh Robertson Hugh Robertson Parliamentary Under-Secretary (Department for Culture, Media and Sport) (Sport and the Olympics)

I think everybody will be relieved to know that these are two minor and very technical amendments—I see nods all around the Chamber at that.

Amendment 1 repeals a redundant provision in the 2006 Act. Section 21(4) provides that a person convicted of contravening the advertising regulations may be ordered to pay the ODA’s or the police’s reasonable enforcement expenses. The provision is redundant, because other sections of the Act—sections 22(9) and 28(7)—already allow the ODA and the police to recover their enforcement costs from people who contravene the advertising and trading regulations.

Amendment 2 amends the advertising and trading provisions as they apply in Scotland, so that they remain largely as operated by the 2006 Act but more closely follow the model of the Glasgow Commonwealth Games Act 2008. The amendment has been requested by the Scottish Government, who consulted the police and prosecuting authorities in Scotland.

Although the amendments will result in a small and technical variation in the operation of the advertising and trading provisions in Scotland as opposed to England and Wales, they are not likely to cause significant differences in practice. Indeed, I hope that all hon. Members recognise that Scotland’s legal system is different from the one in England and Wales.

Amendment 1 agreed to.

Amendment made: 2, page 6, line 15, leave out subsections (9) and (10) and insert—

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

(a) subsection (6), and

(b) subsection (11).

(10) 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.”’.—(Hugh Robertson.)