Law

London Olympic Games and Paralympic Games Act 2006

United Kingdom · statute

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In force since 2014-12-02, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 55 provisions
  1. Title and introductory text
  2. 1 Interpretation of principal terms
  3. 2 Alteration of Olympic documents
  4. 3 Establishment
  5. 4 General functions
  6. 5 Planning
  7. 6 Security
  8. 7 Street lighting and cleaning
  9. 8 Transfer schemes
  10. 9 Dissolution
  11. 10 Olympic Transport Plan
  12. 11 Olympic Route Network
  13. 12 Co-operation
  14. 13 Functions affecting London Olympics
  15. 14 Traffic regulation orders and notices
  16. 15 Traffic regulation orders and notices: enforcement
  17. 15A Section 15: supplemental
  18. 16 Road closures or restrictions
  19. 16A Enforcement of moving traffic contraventions in Greater London
  20. 16B Section 16A: supplemental
  21. 16C Enforcement of bus lane contraventions outside Greater London
  22. 16D Section 16C: supplemental
  23. 16E Goods vehicle operator licences: waiver of procedural requirements
  24. 17 Office of Rail Regulation
  25. 18 Interpretation
  26. 19 Advertising regulations
  27. 20 Regulations: supplemental
  28. 21 Offence
  29. 22 Enforcement: power of entry
  30. 23 Role of Olympic Delivery Authority
  31. 24 Local planning authorities
  32. 25 Street trading, &c.
  33. 26 Section 25: supplemental
  34. 27 Offence
  35. 28 Enforcement: power of entry
  36. 29 Role of Olympic Delivery Authority
  37. 30 Other authorities
  38. 31 Sale of tickets
  39. 31A Cases involving criminal proceedings
  40. 31B Cases not involving criminal proceedings: articles other than vehicles
  41. 31C Cases not involving criminal proceedings: vehicles
  42. 31D Disposal orders
  43. 31E Sale or other disposal
  44. 32 Olympic Symbol etc. (Protection) Act 1995
  45. 33 London Olympics association right
  46. 34 Greater London Authority: powers
  47. 35 Section 34: supplemental
  48. 36 Regional development agencies
  49. 37 Scotland
  50. 38 Northern Ireland
  51. 39 Offences: arrest
  52. 40 Commencement and duration
  53. 41 Extent and application
  54. 42 Short title
  55. SCHEDULE 3 Olympic Symbol Protection

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55 provisions

31C Cases not involving criminal proceedings: vehicles

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31D Disposal orders

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31E Sale or other disposal

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32 Olympic Symbol etc. (Protection) Act 1995

Schedule 3 (which amends the Olympic Symbol etc. (Protection) Act 1995 (c. 32)) shall have effect.

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33 London Olympics association right

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34 Greater London Authority: powers

(1) The Greater London Authority may do anything— (a) for the purpose of complying with an obligation of the Mayor of London under the Host City Contract (whether before, during or after the London Olympics), (b) for a purpose connected with preparing for or managing the London Olympics, or (c) for a purpose connected with anything done in accordance with paragraph (a) or (b). (2) In particular, the Greater London Authority may— (a) arrange for the construction, improvement or adaptation of premises or facilities of any description; (b) arrange for the provision of services of any description; (c) undertake works of any description; (d) acquire land or other property; (e) enter into agreements; (f) act jointly or cooperate with any person (whether or not having functions under the Host City Contract); (g) give financial or other assistance to persons in respect of activity connected with the London Olympics (whether or not the activity is undertaken in pursuance of an agreement with the Authority); (h) take action in respect of places outside London. (3) In exercising the function under subsection (1) the Authority shall have regard to the desirability of consulting and cooperating with— (a) the Secretary of State, (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the British Olympic Association, (c) the London Organising Committee, and (d) other persons with experience or knowledge which might be useful in relation to preparing for or managing the London Olympics. (4) In exercising the function under subsection (1) the Authority shall have regard to the desirability of maximising the benefits to be derived after the London Olympics from things done in preparation for them. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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35 Section 34: supplemental

(1) Financial assistance under section 34(2)(g) may be given on terms or conditions (which may, in particular, include terms or conditions for repayment with or without interest). (2) The Greater London Authority may accept contributions towards expenditure in connection with the London Olympics. (3) The Secretary of State ... may, after the conclusion of the London Olympics, repeal section 34 and this section by order made by statutory instrument; and the order may— (a) include savings (which may include provision saving, to such extent as may be specified and whether or not subject to modifications, the effect of a provision of the Greater London Authority Act 1999 or another primary or subordinate enactment in so far as it applies in relation to section 34); (b) include transitional provision (which may include provision relating to the effect of a provision of an enactment in so far as it applies in relation to section 34); (c) include provision for the transfer of property, rights or liabilities (which may, in particular, include provision for transfer— (i) to the Secretary of State or to any other person whether or not exercising functions of a public nature; (ii) on terms and conditions, whether as to payment or otherwise; (iii) of liabilities whether arising under the Host City Contract or otherwise; (iv) of rights or liabilities in relation to legal proceedings); (d) include provision of any other kind relating to the management, control or treatment of anything constructed or done in accordance with section 34(1); (e) include incidental or consequential provision; (f) make provision having effect generally or only for specified cases or purposes; (g) make different provision for different cases or purposes. (4) Before making an order under subsection (3) the Secretary of State ... shall consult the Mayor of London. (5) An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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36 Regional development agencies

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37 Scotland

(1) In its application to Scotland, this Act has effect subject to the following modifications. (2) “Enactment”, except in section 9(2)(d)(iv), includes an enactment contained in, or in an instrument under, an Act of the Scottish Parliament. (3) “Local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39). (4) “Local planning authority” means a planning authority for the purposes of the Town and Country Planning (Scotland) Act 1997 (c. 8). (5) “Police authority” includes a joint police board constituted under an amalgamation scheme made under section 19 of the Police (Scotland) Act 1967 (c. 77). (6) References to costs are to be read as if they were references to expenses. (7) References to a highway are to be read as if they were references to a road within the meaning of the Roads (Scotland) Act 1984 (c. 54). (8) In sections 19 to 30— (a) references to the Secretary of State ... are to be read as if they were references to the Scottish Ministers, and (b) references (other than in sections 20 and 26) to a resolution of either House of Parliament are to be read as if they were references to a resolution of the Scottish Parliament. (9) In section 20(1)(b), the reference to Chapter III of Part VIII of the Town and Country Planning Act 1990 (c. 8) is to be read as if it were a reference to Chapter 3 of Part 7 of the Town and Country Planning (Scotland) Act 1997. (9A) Sections 20 and 26 are to have effect as if, in each case, for subsections (2) and (2A) there were substituted— (2) Regulations under that section are subject to the affirmative procedure. (2A) But if, in relation to regulations under that section other than the first regulations, the Scottish Ministers consider that by reason of urgency it is necessary that they be made without being approved in draft— (a) subsection (2) does not apply to the regulations, and (b) the regulations are instead subject to the negative procedure. (10) In section 22(4)— (a) the references to a justice of the peace are to be read as if they were references to a sheriff, and (b) the reference to the application of a constable ... is to be read as if it were a reference to the application of a procurator fiscal. (11) In sections 22(5)(d) and 28(2)(d), the references to section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) are to be read as if they were references to section 21 of the Proceeds of Crime (Scotland) Act 1995 (c. 43). (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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38 Northern Ireland

In its application to Northern Ireland this Act has effect as if— (a) references to an enactment included references to Northern Ireland legislation, (b) references to a police authority were references to the Northern Ireland Policing Board, (c) references to a justice of the peace were references to a lay magistrate, (d) references to a local planning authority were references to the Department of the Environment in Northern Ireland, (e) references to a highway were references to a road (within the meaning of the Roads (Northern Ireland) Order 1980 (S.I. 1980/1085 (N.I. 11)), (f) references to a local authority were references to a district council, (g) the reference in section 28(2)(d) to section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) were a reference to Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 N.I. 15)), (h) the reference in section 31(5) to section 32(2)(b) of the Police and Criminal Evidence Act 1984 (c. 60) were a reference to Article 34(2)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), and (i) for section 39 there were substituted— Offences: arrest @AMP@fill; In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (arrestable offences) at the end add— (r) offences under section 21(1), 27(1) or 31(1) of the London Olympic Games and Paralympic Games Act 2006 (unauthorised advertising, trading and ticket sales).

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39 Offences: arrest

(1) At the end of Schedule 1A to the Police and Criminal Evidence Act 1984 (arrestable offences) add— London Olympic Games and Paralympic Games Act 2006 27B An offence under section 21(1), 27(1) or 31(1) of the London Olympic Games and Paralympic Games Act 2006 (unauthorised advertising, trading and ticket-sales). (2) A constable in Scotland may arrest without warrant a person who the constable reasonably believes is committing or has committed an offence under section 21(1), 27(1) or 31(1). (3) Subsection (2) is without prejudice to any power of arrest which is otherwise exercisable by a constable in Scotland.

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40 Commencement and duration

(1) The following provisions of this Act shall come into force on Royal Assent— (a) section 1, (b) sections 3 to 5 and Schedule 1, (c) section 32 and paragraphs 1 to 11 of Schedule 3, (d) section 33 and Schedule 4, (e) sections 34 and 35(1) and (2), (f) section 36(3)(a) and (d), (g) section 37, and (h) section 38. (2) The other preceding provisions of this Act (including paragraphs 12 to 14 of Schedule 3) shall come into force in accordance with provision made by order of the Secretary of State ... . (3) But the following provisions of this Act, so far as they extend to Scotland, shall come into force in accordance with provision made by order of the Scottish Ministers— (a) sections 19 to 31, and (b) section 39(2) and (3). (4) An order under subsection (2) or (3)— (a) may make provision generally or only for specified purposes, (b) may make different provision for different purposes, (c) may include transitional or incidental provision, and (d) shall be made by statutory instrument. (5) Despite subsection (1)(c), for the purposes of criminal proceedings under a provision of the Olympic Symbol etc. (Protection) Act 1995 (c. 32) in respect of anything done before the end of the period of two months beginning with the date on which this Act receives Royal Assent, no account shall be taken of any amendment made of that Act by Schedule 3 to this Act. (6) Sections 10 to 18 (including any power to make orders or give directions) shall cease to have effect at the end of the London Olympics period. (7) Paragraph 14 of Schedule 3, which inserts new sections 12A and 12B into the Olympic Symbol etc. (Protection) Act 1995, shall have effect in relation to things arriving in the United Kingdom during the period— (a) beginning with the day specified under subsection (2) above for the commencement of paragraph 14 of Schedule 3, and (b) ending with 31st December 2012. (8) Section 33 and Schedule 4 shall cease to have effect at the end of 31st December 2012. (9) In respect of section 36(3)— (a) paragraph (a) shall have effect in relation to compulsory purchase orders made on or after 1st October 2005, (b) an order bringing paragraph (b) into force on a date (“the commencement date”)— (i) may provide for paragraph (b) to have effect in relation to purchases (whether compulsory or voluntary) completed before, on or after the commencement date, but (ii) must include provision modifying section 295 of the Housing Act 1985 in its application by virtue of section 36(3)(b) so that extinguishment of rights and easements takes effect, in the case of a purchase completed before the commencement date, on the commencement date, (c) an order bringing paragraph (c) into force on a date (“the commencement date”)— (i) may provide for paragraph (c) to have effect in relation to purchases (whether compulsory or voluntary) completed on or after 1st October 2005, but (ii) shall not affect the lawfulness of anything done before the commencement date, and (d) paragraph (d) shall be treated as having taken effect on 1st October 2005.

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41 Extent and application

(1) The following provisions of this Act extend only to England and Wales— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) sections 10 to 18, and (d) sections 34 to 36. (2) The remaining provisions of this Act extend to— (a) England and Wales, (b) Scotland, and (c) Northern Ireland. (3) The provisions specified in subsection (1) (except section 36) shall apply only in relation to— (a) places in England, and (b) things done in or in respect of England. (4) In their application to things done in Wales, sections 19 to 30 shall have effect as if— (a) a reference to the Secretary of State ... were a reference to the National Assembly for Wales, and (b) a reference to a resolution of each or either House of Parliament were a reference to a resolution of the National Assembly for Wales. (5) Section 31 shall apply in respect of anything done whether in the United Kingdom or elsewhere.

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42 Short title

This Act may be cited as the London Olympic Games and Paralympic Games Act 2006.

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SCHEDULE 3 Olympic Symbol Protection

Section 32 Introduction 1 The Olympic Symbol etc. (Protection) Act 1995 (c. 32) shall be amended as follows. Olympics association right: proprietor 2 After section 1(2) (proprietor of Olympics association right) insert— (2A) An order under subsection (2) above— (a) may appoint more than one person; (b) may make different appointments for different purposes; (c) may make provision for joint or concurrent exercise of rights; (d) may apply (with or without modifications) or make provision similar to a provision of section 23 of the Trade Marks Act 1994 (c. 26) (co-ownership). Words similar to protected words 3 (1) At the end of section 3(1)(b) (infringement: similar symbols and mottos) add “ or a word so similar to a protected word as to be likely to create in the public mind an association with the Olympic Games or the Olympic movement ”. (2) In the application of section 4(11) to (14) (infringement: protection for existing use) to the Olympics association right as it has effect by virtue of sub-paragraph (1) above, a reference to the commencement of the Act shall be treated as a reference to the commencement of that sub-paragraph. Olympics association right: limitations 4 For section 4(1) to (10) (infringement of Olympics association right: limitations) substitute— (1) A person does not infringe the Olympics association right (despite section 3) by the use of a controlled representation— (a) in publishing or broadcasting a report of a sporting or other event forming part of the Olympic Games, (b) in publishing or broadcasting information about the Olympic Games, (c) as an incidental inclusion in a literary work, dramatic work, artistic work, sound recording, film or broadcast, within the meaning of Part I of the Copyright, Designs and Patents Act 1988 (c. 48) (copyright), or (d) as an inclusion in an advertisement for a publication or broadcast of a kind described in paragraph (a) or (b). (2) But the exceptions in subsection (1)(a) and (b) do not apply to advertising material which is published or broadcast at the same time as, or in connection with, a report or information. (3) A person does not infringe the Olympics association right by using a controlled representation in a context which is not likely to suggest an association between a person, product or service and the Olympic Games or the Olympic movement; and for the purpose of this subsection— (a) the concept of an association between a person, product or service and the Olympic Games or the Olympic movement includes, in particular— (i) any kind of contractual relationship, (ii) any kind of commercial relationship, (iii) any kind of corporate or structural connection, and (iv) the provision by a person of financial or other support for or in connection with the Olympic Games or the Olympic movement, but (b) a person does not suggest an association with the Olympic Games or the Olympic movement only by making a statement which— (i) accords with honest practices in industrial or commercial matters, and (ii) does not make promotional or other commercial use of a protected word by incorporating it in a context to which the Olympic Games and the Olympic movement are substantively irrelevant. (4) The Secretary of State may by order specify what is to be or not to be treated for the purposes of subsection (3) as an association between a person, product or service and the Olympic Games or the Olympic movement; and an order under this subsection— (a) may include incidental, consequential or transitional provision (which may include provision amending subsection (3)(a) or (b)), (b) shall be made by statutory instrument, and (c) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament. (5) A person does not infringe the Olympics association right by using a controlled representation in relation to goods if— (a) they were put on the market in the European Economic Area by the proprietor or with his consent, (b) the representation was used in relation to the goods when they were put on the market, and (c) the proprietor does not oppose further dealings in the goods for legitimate reasons (including, in particular, that the condition of the goods has been changed or impaired after they were put on the market). 5 At the end of section 5 (Olympics association right: power to prescribe further limitations) add— (4) An order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. The Paralympics 7 In section 18(1) (interpretation) after the definition of “Olympic symbol” insert— “the Paralympic Games” means the events known by that name and organised by the International Paralympic Committee; “Paralympic motto” means the motto of the International Paralympic Committee — “Spirit in Motion”; “Paralympic symbol” means the symbol of the International Paralympic Committee which the Secretary of State shall set out in an order made by statutory instrument (which shall be laid before Parliament after being made). 8 For section 18(2) (protected words) substitute— (2) For the purposes of this Act— (a) each of the following is a protected word in relation to the Olympics association right— (i) Olympiad, (ii) Olympiads, (iii) Olympian, (iv) Olympians, (v) Olympic, and (vi) Olympics, and (b) each of the following is a protected word in relation to the Paralympics association right— (i) Paralympiad, (ii) Paralympiads, (iii) Paralympian, (iv) Paralympians, (v) Paralympic, and (vi) Paralympics. 9 At the end of section 18 add— (5) The Secretary of State may by order amend this section to reflect a change of motto or symbol of the International Olympic Committee or the International Paralympic Committee. (6) An order under subsection (5)— (a) may include incidental, consequential or transitional provision (which may include provision similar to section 4(11) to (14) above), (b) shall be made by statutory instrument, and (c) shall be subject to annulment in pursuance of a resolution of either House of Parliament. Infringement 10 In section 7(3)(a) (orders in relation to infringing goods: “infringing material”) for “, or for advertising goods or services,” substitute “ , for advertising goods or services or by being displayed, ”. Penalties 11 (1) In respect of an offence under section 8 (infringement marketing of goods) committed during the period specified in sub-paragraph (2), the reference in section 8(5)(a) (maximum fine on summary conviction) to the statutory maximum shall be taken as a reference to £20,000. (2) The period referred to in sub-paragraph (1)— (a) begins at the end of the period of two months beginning with the date on which this Act receives Royal Assent, and (b) ends with 31st December 2012. Enforcement 12 (1) After section 8 add— Enforcement by trading standards authority 8A (1) A local weights and measures authority may enforce within their area the provisions of section 8. (2) The following provisions of the Trade Descriptions Act 1968 apply in relation to the enforcement of that section as in relation to the enforcement of that Act— (a) section 27 (power to make test purchases), (b) section 28 (power to enter premises and inspect and seize goods and documents), (c) section 29 (obstruction of authorised officers), and (d) section 33 (compensation for loss, &c of goods seized). (3) Subsection (1) above does not apply in relation to the enforcement of section 8 in Northern Ireland; but— (a) the Department of Enterprise, Trade and Investment may enforce that section in Northern Ireland, and (b) for that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers. (4) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence. (2) The London Organising Committee may— (a) make arrangements with a local weights and measures authority for the exercise of the authority's power under section 8 of the Olympic Symbol etc. (Protection) Act 1995 (as inserted by sub-paragraph (1)); (b) may make payments to a local weights and measures authority in respect of expenses incurred in the exercise of that power. 13 After section 8A (inserted by paragraph 12 above) insert— Arrest 8B (1) After paragraph 21 of Schedule 1A to the Police and Criminal Evidence Act 1984 (arrestable offences) add— Olympic Symbol etc. (Protection) Act 1995 21A An offence under section 8 of the Olympic Symbol etc. (Protection) Act 1995 (offences in relation to goods). (2) A constable in Scotland may arrest without warrant a person who the constable reasonably believes is committing or has committed an offence under section 8 of the Olympic Symbol etc. (Protection) Act 1995. (3) Subsection (2) is without prejudice to any power of arrest which is otherwise exercisable by a constable in Scotland. 14 After section 12 (forfeiture) insert— Detention by Revenue and Customs 12A (1) The proprietor may give notice in writing to the Commissioners for Her Majesty's Revenue and Customs— (a) stating that at a time and place specified in the notice, goods which are infringing goods, material or articles are expected to arrive in the United Kingdom— (i) from outside the European Economic Area, or (ii) from within the Area but not having been entered for free circulation, (b) specifying the nature of the controlled representation by reference to which the goods are infringing goods, material or articles, and (c) requesting the Commissioners to detain the goods. (2) The Commissioners may detain goods to which a notice under subsection (1) relates. (3) But the Commissioners may not detain goods— (a) imported by a person for his private and domestic use, or (b) to which section 89(3) of the Trade Marks Act 1994 applies (Council Regulation (EC) No. 1383/2003). (4) If the Commissioners detain goods to which a notice under subsection (1) applies they shall as soon as is reasonably practicable— (a) give written notice of the detention and the grounds for it to the person in whose name the goods were presented or declared to customs, and (b) give the proprietor notice that the goods have been detained, specifying in respect of the goods such information as is available to the Commissioners about— (i) the nature of the goods, (ii) their number, (iii) the place where they were manufactured, (iv) the place from which they were sent, (v) the name and address of the person by whom they were sent, (vi) the name and address of the person mentioned in paragraph (a), (vii) the name and address of the person to whom they were to be delivered, and (viii) the name and address of the person who holds them during detention. (5) The Commissioners may provide samples of detained goods to the proprietor on request, in which case he— (a) may use the samples only for the purpose of determining whether they are infringing goods, material or articles, (b) must return the samples to the Commissioners as soon as is reasonably practicable, and (c) must inform the Commissioners as soon as is reasonably practicable whether the goods are infringing goods, material or articles. (6) The Commissioners may permit the proprietor on request to inspect detained goods (in which case he must inform the Commissioners as soon as is reasonably practicable whether the goods are infringing goods, material or articles). (7) The Commissioners shall release goods detained in pursuance of a notice under subsection (1) if— (a) the Commissioners think that initiating process in proceedings under section 6 in respect of the goods has not been served during the period of 10 working days, in the case of non-perishable goods, or 3 working days, in the case of perishable goods, beginning with the date on which the notice under subsection (4)(b) was received, (b) the Commissioners think that proceedings under section 6 in respect of the goods have been withdrawn, have lapsed or have terminated without an order being made in respect of the goods by virtue of section 7, or (c) the Commissioners are informed by the proprietor that the goods are not infringing goods, material or articles. (8) The Commissioners may detain goods which they think, having regard to the nature of the goods and to information provided by the proprietor, may be infringing goods, material or articles; and if the Commissioners detain goods under this subsection— (a) they shall as soon as is reasonably practicable invite the proprietor to give the Commissioners a notice that the goods are infringing goods, material or articles, (b) they shall, when giving an invitation under paragraph (a), give in respect of the goods such information as is available to them about— (i) the nature of the goods, (ii) their number, (iii) the place where they were manufactured, (iv) the place from which they were sent, (v) the name and address of the person by whom they were sent, (vi) the name and address of the person in whose name the goods were presented or declared to customs, (vii) the name and address of the person to whom they were to be delivered, and (viii) the name and address of the person who holds them during detention, (c) they may provide samples of the goods to the proprietor on request in which case he — (i) may use the samples only for the purpose of determining whether they are infringing goods, material or articles, (ii) must return the samples to the Commissioners as soon as is reasonably practicable, and (iii) must inform the Commissioners as soon as reasonably practicable whether the goods are infringing goods, material or articles, (d) they may permit the proprietor on request to inspect the goods (in which case he must inform the Commissioners as soon as reasonably practicable whether the goods are infringing goods, material or articles), (e) if no notice is given in accordance with paragraph (a) within the period of 3 working days beginning with the date on which the invitation under that paragraph is received, the Commissioners shall release the goods, and (f) if a notice is given in accordance with paragraph (a), the Commissioners shall proceed as if it were a notice given under subsection (1) above (and as if the goods were detained in pursuance of that notice), but— (i) subsections (4)(b), (5) and (6) shall not have effect, and (ii) subsection (7) shall have effect as if the reference to the notice under subsection (4)(b) were a reference to information under paragraph (b) above. Section 12A: supplementary 12B (1) Section 90 of the Trade Marks Act 1994 (c. 26) (regulations as to form of notice, &c.) shall have effect in relation to a notice under subsection 12A(1) or (8)(a) above as in relation to a notice under section 89(1). (2) A person who is or was an officer or employee of the proprietor, or who acts or acted on the proprietor's behalf, commits an offence if he discloses information provided in accordance with section 12A(4)(b) or 12A(8)(b) other than— (a) for the purpose of, or with a view to the institution of, proceedings under section 6, (b) for the purpose of complying with an enactment, (c) in pursuance of an order of a court, (d) in a form which ensures that the identity of no person to whom the information relates is specified or can be deduced, (e) with the consent of each person to whom the information relates, or (f) with the consent of the Commissioners for Her Majesty's Revenue and Customs; and sections 19(3), (4), (7) and 55(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (defences and penalties) shall have effect in relation to this subsection. (3) Section 139(1), (2), (3), (4), (7) and (8) of the Customs and Excise Management Act 1979 (detention of goods: constables, &c.) shall apply in relation to goods liable to detention in accordance with section 12A above as in relation to things liable to forfeiture— (a) with the substitution of a reference to this Act for a reference to the customs and excise Acts, and (b) with any other necessary modifications. (4) Section 144 of that Act (protection of officers) shall apply in relation to the detention of goods in accordance with section 12A above— (a) with the substitution of a reference to proceedings under section 6 above for the reference in section 144(1) to proceedings for condemnation, and (b) with any other necessary modifications. (5) In section 12A “working day” means a day that is not a Saturday, a Sunday or a bank holiday (within the meaning of section 1 of the Banking and Financial Dealings Act 1971 (c. 80)).

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