London Olympic Games and Paralympic Games Act 2006

[F1 31E Sale or other disposal E+W+S

(1) This section has effect for the purposes of sections 31A(8), 31B(6) and 31C(6).

(2) If the Olympic Delivery Authority thinks that there is a realistic prospect of selling the article or animal in question—

(a) it must take reasonable steps to sell it at the best price that can reasonably be obtained, but

(b) if (having complied with paragraph (a)) it fails to sell it, it may dispose of it as it thinks appropriate.

(3) If the Authority does not think that there is a realistic prospect of selling the article or animal, it may dispose of it as it thinks appropriate.

(4) In a case within section 31A(4)(b) or 31B(4)(b), or in the circumstances mentioned in section 31C(2), (3) or (5), the proceeds of a sale under this section must be applied towards the Authority's costs of exercising functions by virtue of section 19 or 25.

(5) In a case within section 31A(6)(c), the proceeds of a sale under this section must—

(a) be applied in paying the amount of the costs referred to in section 31A(6)(c) that are unpaid, and

(b) in so far as the proceeds exceed that amount, be given to the owner of the article or animal.

(6) If, in a case within section 31A(6)(c), the Authority sells or otherwise disposes of the article or animal having failed to comply with subsection (2)(a), the failure—

(a) is actionable against the Authority by any person suffering loss in consequence of the sale or other disposal, but

(b) in the case of a sale, does not affect the validity of the sale.

(7) If the Authority, having undertaken such enquiries as it thinks appropriate, fails to establish for the purposes of subsection (5)(b) where the owner is, it may apply to a magistrates' court for an order under subsection (8).

(8) A magistrates' court may, on an application under subsection (7), make an order authorising the Authority to apply the excess of the proceeds of sale towards its costs of exercising functions by virtue of section 19 or 25.

(9) The court may make an order under subsection (8) only if it is satisfied that the Authority has made reasonable efforts to establish where the owner is.

(10) In considering whether to make an order under subsection (8), the court must have regard in particular to—

(a) the amount of the excess of the proceeds of sale, and

(b) the likely financial or other effects of making the order.]

Textual Amendments

F1 Ss. 31A-31E inserted (E.W.S) (14.2.2012) by London Olympic Games and Paralympic Games (Amendment) Act 2011 (c. 22), ss. 1(9), 10(1)