Introductory

Citation and commencement

1. This Order may be cited as the Olympics and Paralympics Association Rights (Appointment of Proprietors) Order 2006 and shall come into force on 12th May 2006.

Interpretation

2. In this Order—

“the 1995 Act” means the Olympic Symbol etc. (Protection) Act 1995;

“the 2006 Act” means the London Olympic Games and Paralympic Games Act 2006( 2 );

“the British Olympic Association” has the same meaning as in section 1(3)(a) of the 2006 Act;

“the British Paralympic Association” means the company limited by guarantee with that name and the registered number 02370578;

“London Organising Committee” has the same meaning as in section 1(3)(d) of the 2006 Act;

“Olympics association right” means the right created in section 1 of the 1995 Act;

“Olympics association right proprietors” means the persons appointed in article 4;

“Paralympics association right” means the right created in section 5A of the 1995 Act;

“Paralympics association right proprietors” means the persons appointed in article 8;

“post-2012 act” means an act which is done, or to be done, in the United Kingdom on or after 1st January 2013; and

“pre-2013 act” means an act which is done, or to be done in, the United Kingdom on or before 31st December 2012.

3. In articles 8 to 11, any reference to the 1995 Act or to a section of that Act shall be taken as a reference to that Act or section as it applies in relation to the Paralympics association right by virtue of section 5A(2) of the 1995 Act.

Olympics association right

Appointment of the proprietors

4. In relation to the Olympics association right, the Secretary of State appoints—

(a) the British Olympic Association, and

(b) the London Organising Committee,

for the purposes of section 1(2) of the 1995 Act.

Exercise of rights generally

5. Subject to articles 6 and 7, the rights of the proprietor of the Olympics association right under the 1995 Act shall be exercisable by the Olympics association right proprietors jointly or concurrently.

Exercise of right to consent

6. The right of the proprietor to consent to an act under section 2(2)(b) of the 1995 Act shall—

(1) in respect of a pre-2013 act, be exercisable by either Olympics association right proprietor without the consent of the other, and

(2) in respect of a post-2012 act, be exercisable—

(a) on or before 30th September 2012, by the Olympics association right proprietors jointly and not concurrently, and

(b) after 30th September 2012, by the British Olympic Association and not by the London Organising Committee.

Exercise of right to bring an action for infringement

7. —(1) The right of the proprietor to bring an action for infringement under section 6 of the 1995 Act shall be exercisable—

(a) where the action is only in respect of a pre-2013 act, by either Olympics association right proprietor, and

(b) where the action is in respect of a post-2012 act (whether or not it is also in respect of a pre-2013 act), by the British Olympic Association and not by the London Organising Committee.

(2) But, an Olympics association right proprietor that brings an action of the type referred to in paragraph (1)(a) may not, without the leave of the court, proceed with that action unless the other Olympics association right proprietor is either joined as a claimant or added as a defendant.

(3) An Olympics association right proprietor who is added as a defendant under paragraph (2) shall not be made liable for any costs in the action unless it takes part in the proceedings.

(4) Nothing in paragraph (2) affects the granting of interlocutory relief on the application of a single Olympics association right proprietor.

Paralympics association right

Appointment of proprietors

8. In relation to the Paralympics association right, the Secretary of State appoints—

(a) the British Paralympic Association, and

(b) the London Organising Committee,

for the purposes of section 1(2) of the 1995 Act.

Exercise of rights generally

9. Subject to articles 10 and 11, the rights of the proprietor of the Paralympics association right under the 1995 Act shall be exercisable by the Paralympics association right proprietors jointly or concurrently.

Exercise of right to consent

10. The right of the proprietor to consent to an act under section 2(2)(b) of the 1995 Act shall—

(1) in respect of a pre-2013 act, be exercisable by either Paralympics association right proprietor without the consent of the other, and

(2) in respect of a post-2012 act, be exercisable—

(a) on or before 30th September 2012, by the Paralympics association right proprietors jointly and not concurrently, and

(b) after 30th September 2012, by the British Paralympic Association and not by the London Organising Committee.

Exercise of right to bring action for infringement

11. —(1) The right of the proprietor to bring an action for infringement under section 6 of the 1995 Act shall be exercisable—

(a) where the action is only in respect of a pre-2013 act, by either Paralympics association right proprietor, and

(b) where the action is in respect of a post-2012 act (whether or not it is also in respect of a pre-2013 act), by the British Paralympic Association and not by the London Organising Committee.

(2) But, a Paralympics association right proprietor that brings an action of the type referred to in paragraph (1)(a) may not, without the leave of the court, proceed with that action unless the other Paralympics association right proprietor is either joined as a claimant or added as a defendant.

(3) A Paralympics association right proprietor who is added as a defendant under paragraph (2) shall not be made liable for any costs in the action unless it takes part in the proceedings.

(4) Nothing in paragraph (2) affects the granting of interlocutory relief on the application of a single Paralympics association right proprietor.

General

Revocation

12.The Olympics Association Right (Appointment of Proprietor) Order 1995( 3 ) is revoked.