Section 40: Commencement and duration
114.This section sets out when provisions of the Act will come into force. The following provisions will come into force on Royal Assent:
section 1 (Interpretation of principal terms),
sections 3 to 5 and Schedule 1 (The Olympic Delivery Authority),
section 32 (Olympic Symbol etc. (Protection) Act 1995) and paragraphs 1 to 11 of Schedule 3 (Olympic Symbol Protection),
section 33 (London Olympics association right) and Schedule 4 (London Olympics Association Right),
section 34 and 35(1) and (2) (Greater London Authority: Powers and Supplemental),
section 36(3)(a) and (d) (Regional development agencies),
section 37 (Scotland),
section 38 (Northern Ireland).
115.Sections 40 to 42 of the Act (commencement and duration, extent and application and short title) will also come into force on Royal Assent. The remaining provisions of the Act (including paragraphs 12 to 14 of Schedule 3) will come into force by order of the Secretary of State. Such an order may be general or specific in its application and may make different provision for different purposes. It may include transitional or incidental provision, and shall be made by statutory instrument.
116.Subsection (3) provides that the Scottish Ministers will commence sections 19 to 31 (street trading and outdoor advertising) and 39(2) and 39(3) (arrestable offences) so far as they extend to Scotland.
117.Subsection (6) provides that sections 10 to 18 (relating to Olympic transport) shall cease to have effect at the end of the London Olympics period.
118.As noted above, section 32 and paragraphs 1 to 11 of Schedule 3 regarding Olympic symbol protection shall come into force on Royal Assent. However, under subsection (5), criminal proceedings under a provision of OSPA in respect of anything done during the two-month period after Royal Assent shall not take account of amendments made to OSPA by Schedule 3 to the Act.
119.Subsection (7) provides that paragraph 14 of Schedule 3, which inserts new sections 12A and 12B into OSPA (to give Customs officers increased powers to detain infringing goods as they enter the UK), will have effect only in relation to things entering the UK between the day specified for the commencement of paragraph 14 and 31st December 2012.
120.Under subsection (8), section 33 and Schedule 4 (London Olympics Association Right) will cease to have effect at the end of 31st December 2012.
121.Subsection (9) provides that, in respect of section 36 (Regional development agencies):
Subsection 3(a) shall have effect in relation to compulsory purchase orders made on or after 1 October 2005,
An order bringing subsection 3(b) into force may provide for that provision to have effect in relation to purchases completed before the specified commencement date, although no extinguishment of rights is to take effect before that commencement date,
An order bringing subsection 3(c) into force may provide for that provision to have effect in relation to purchases (whether voluntary or compulsory) made on or after 1 October 2005, although the provision will not change the legal standing of anything done before subsection (3)(c) is commenced,
Subsection 3(d) shall be treated as having taken effect on 1 October 2005.
