London Olympic Games and Paralympic Games Act 2006

The Olympic Delivery Authority

3 Establishment

(1) There shall be a body corporate known as the Olympic Delivery Authority.

(2) Schedule 1 (which makes provision about the Authority) shall have effect.

4 General functions

(1) The Authority may take any action that it thinks necessary or expedient for the purpose of—

(a) preparing for the London Olympics,

(b) making arrangements in preparation for or in connection with the use or management before, during or after the London Olympics of premises and other facilities acquired, constructed or adapted in preparation for the London Olympics, or

(c) ensuring that adequate arrangements are made for the provision, management and control of facilities for transport in connection with the London Olympics.

(2) In particular, the Authority may—

(a) acquire land (and the Authority may, in particular, with the consent of the Secretary of State, acquire land for a consideration equivalent to the amounts which the Authority would be required to pay if acquiring the land compulsorily under an enactment);

(b) dispose of land (and the Authority may, in particular, with the consent of the Secretary of State, dispose of land for a consideration less than that which might be expected in a commercial transaction at arms-length);

(c) enter into other transactions relating to land, premises or facilities;

(d) accept or assume duties, rights or liabilities under contracts;

(e) apply for, or undertake work in connection with applications for, planning permission;

(f) make arrangements for the construction of premises and other facilities;

(g) make arrangements for carrying out works in connection with the provision of water, electricity, gas, sewerage or other services;

(h) make arrangements for carrying out works in connection with the provision of highways;

(i) make arrangements for the construction, adaptation or provision of systems of or facilities for transport;

(j) make arrangements for the provision, variation or discontinuance of any service, highway or system of or facility for transport;

(k) with the consent of the Secretary of State, give financial assistance in connection with anything done or to be done by another person for a purpose mentioned in subsection (1);

(l) co-operate with other persons;

(m) make arrangements for the formation of bodies corporate;

(n) acquire interests in bodies corporate or other undertakings.

(3) In exercising a function under this section the Authority shall, wherever relevant—

(a) have regard to the desirability of maximising the benefits to be derived after the London Olympics from things done in preparation for them, and

(b) contribute to achieving sustainable development.

(4) Other provisions of this Act confer other functions on the Authority.

(5) The Authority shall pay compensation to any person whose land is injuriously affected by the execution of works by the Authority; and—

(a) any dispute as to whether compensation is payable, or as to the amount of compensation, may be referred to the Lands Tribunal,

(b) subsection (2) of section 10 of the Compulsory Purchase Act 1965 (c. 56) (limitation on compensation) shall apply to this subsection as it applies to that section, and

(c) any rule or principle applied to the construction of section 10 of that Act shall be applied to the construction of this section (subject to any necessary modifications).

(6) In the application of subsection (5) in respect of land in Scotland—

(a) the reference in paragraph (a) to the Lands Tribunal is to be read as if it were a reference to the Lands Tribunal for Scotland, and

(b) paragraphs (b) and (c) are omitted.

5 Planning

(1) The following provisions shall apply in relation to the Olympic Delivery Authority as they apply in relation to an urban development corporation—

(a) section 149 of the Local Government, Planning and Land Act 1980 (c. 65) (power for Secretary of State to make order appointing urban development corporation as local planning authority), and

(b) section 33 of the Planning and Compulsory Purchase Act 2004 (c. 5) (power for Secretary of State to disapply Part 2 of the Act to urban development corporation).

(2) In the application of the provisions specified in subsection (3) by virtue of, or in consequence of, subsection (1)—

(a) a reference to an urban development corporation shall be taken as a reference to the Authority,

(b) a reference to a corporation’s area shall be taken as a reference to an area specified in an order made under section 149 of the Local Government, Planning and Land Act 1980 by virtue of subsection (1) above,

(c) a reference to section 142 of that Act shall be disregarded, and

(d) a reference to a London borough shall be taken as a reference to an area in respect of which an order is made under section 149 of that Act by virtue of subsection (1) above.

(3) Those provisions are—

(a) section 149 of and Schedule 29 to the Local Government, Planning and Land Act 1980,

(b) section 7 of the Town and Country Planning Act 1990 (c. 8) (urban development areas: displacement of other authorities), and

(c) section 33 of the Planning and Compulsory Purchase Act 2004.

(4) Where the Authority is appointed as a local planning authority by virtue of this section—

(a) section 74(1B)(a) of the Town and Country Planning Act 1990 (directions about applications: London boroughs) shall not apply, but

(b) the Mayor of London may direct the Authority to refuse an application for planning permission in a specified case.

(5) In discharging functions by virtue of this section the Authority shall have regard, in particular—

(a) to the desirability of making proper preparation for the London Olympics,

(b) to the desirability of maximising the benefits to be derived after the London Olympics from things done in preparation for them,

(c) to the terms of any planning permission already granted in connection with preparation for the London Olympics,

(d) to any guidance issued by the Secretary of State (which may, in particular, refer to other documents), and

(e) to the development plan for any area in respect of which an order is made under section 149 of the Local Government, Planning and Land Act 1980 (c. 65) by virtue of subsection (1) above, construed in accordance with section 38 of the Planning and Compulsory Purchase Act 2004 (c. 5).

(6) An order under section 149 of the Local Government, Planning and Land Act 1980 made by virtue of subsection (1) above which revokes a previous order may include supplemental, incidental or transitional provisions or savings; and supplemental provision may, in particular, make provision as to which authority is to become the local planning authority for an area in place of the Olympic Delivery Authority.

6 Security

(1) In exercising its functions the Olympic Delivery Authority shall have regard to the importance of ensuring—

(a) the safety of individuals participating in or attending London Olympic events, and

(b) the security of property.

(2) In particular, the Authority shall hold such consultations as it considers appropriate with—

(a) the Commissioner of Police of the Metropolis, and

(b) the chief constable for any area within which a London Olympic event is to take place.

7 Street lighting and cleaning

(1) The Olympic Delivery Authority may arrange with an authority responsible for cleaning or lighting a highway or other area to which this section applies for cleaning or lighting to be carried out in a specified manner or to a specified standard during all or part of the London Olympics period.

(2) The Authority may make arrangements for cleaning or lighting a highway or other area to which this section applies during all or part of the London Olympics period if they are satisfied that an appropriate result—

(a) cannot be achieved through arrangements under subsection (1), or

(b) is not, despite their best endeavours, being achieved through arrangements under subsection (1).

(3) Arrangements under subsection (1) may include provision for—

(a) payment by the Authority;

(b) the consequences of non-compliance.

(4) For the purposes of subsection (2) the Authority may repair, maintain or use structures or installations which—

(a) belong to an authority responsible for cleaning or lighting a highway or other area to which this section applies, and

(b) are situated on or under the highway or other area.

(5) This section applies to any highway or other area to which the public have access and which the Authority reasonably expect to be used—

(a) in the course of a London Olympic event,

(b) by persons watching a London Olympic event, or

(c) by persons travelling to a London Olympic event.

8 Transfer schemes

(1) In this section “transfer scheme” means a scheme providing for the transfer to the Olympic Delivery Authority of specified property, rights and liabilities of a person specified in subsection (3) at a time specified in the scheme.

(2) If the Secretary of State thinks it expedient in order to enable the Authority to carry out its functions, he may direct a person specified in subsection (3) to make a transfer scheme and submit it to him.

(3) Those persons are—

(a) the Greater London Authority,

(b) the London Development Agency, and

(c) Transport for London.

(4) If the Secretary of State directs a person to make and submit a transfer scheme—

(a) the person shall comply with the direction,

(b) the Secretary of State may approve the scheme with or without modification, and

(c) if approved, the scheme shall have effect.

(5) A direction of the Secretary of State under subsection (2) shall specify a date by which the transfer scheme is to be submitted.

(6) The Secretary of State may make a transfer scheme if—

(a) a person fails to comply with a direction under subsection (2), or

(b) the Secretary of State decides not to approve a scheme submitted under that subsection.

(7) A transfer scheme made under subsection (6) shall have effect.

(8) The Secretary of State may not approve or make a transfer scheme unless—

(a) he has consulted—

(i) the person who submitted or should have submitted the scheme,

(ii) the Olympic Delivery Authority, and

(iii) any other person who in his opinion may be affected by the scheme, and

(b) the Mayor of London consents.

(9) Schedule 2 (which makes supplementary provision in connection with transfer schemes) shall have effect.

9 Dissolution

(1) The Secretary of State may by order make provision for the dissolution of the Authority.

(2) An order under this section may, in particular—

(a) provide for the transfer of property, rights or liabilities of the Authority to—

(i) the Secretary of State, or

(ii) any other person;

(b) make provision enabling a person to receive anything transferred under paragraph (a) (and that provision shall have effect despite any other enactment or instrument);

(c) establish a body corporate;

(d) make consequential, incidental or transitional provision which may, in particular—

(i) provide for anything done by or in relation to the Authority to have effect as if done by or in relation to another person;

(ii) permit anything (which may include legal proceedings) which is in the process of being done by or in relation to the Authority when a transfer takes effect, to be continued by or in relation to another person;

(iii) provide for a reference to the Authority in an instrument or other document to be treated as a reference to another person;

(iv) amend an enactment.

(3) Before making an order under this section the Secretary of State shall consult—

(a) the Mayor of London, and

(b) such other persons as the Secretary of State thinks appropriate.

(4) The Secretary of State may not make an order under this section providing for the transfer of property, rights or liabilities to a person unless the person has consented to the transfer.

(5) An order under this section—

(a) may transfer rights and liabilities relating to employees, but

(b) shall not affect the operation of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).

(6) The Secretary of State may not make an order by virtue of subsection (5)(a) unless satisfied that sufficient notice has been given to enable compliance with any applicable requirement of those regulations.

(7) An order under this section—

(a) shall be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before Parliament.