I beg to move that the Committee approves the Birmingham Commonwealth Games (Compensation for Enforcement Action) Regulations 2021, which were laid in draft before the House on 17 May. With less than 13 months to go until Games time, preparations are ramping up to deliver the Birmingham 2022 Commonwealth Games—the biggest sporting and cultural event ever staged in the West Midlands.
Before turning to the regulations that we are here to debate today, I remind the Committee of the context in which this instrument has been brought forward. Measures in the Birmingham Commonwealth Games Act, which many in this House scrutinised and shaped, include those which restrict the resale of Games tickets and prevent unauthorised advertising and trading in and around specified Games locations. We are working closely with the organising committee and enforcement authorities to ensure a consistent, co-ordinated and proportionate approach to enforcing these elements of the Act.
None the less, as a safeguard in the enforcement framework, the Act provides a person with a right to compensation in the event of property damage arising from unlawful enforcement or the use of unreasonable force in enforcement action. The draft regulations before us today set out the administrative process by which a claim for compensation can be made, considered
and appealed. This ensures the process is clear, consistent and proportionate for both potential claimants and the enforcement authorities involved. I will now set out in a little more detail what the regulations contain.
I am sure I do not need to remind noble Lords that the Delegated Powers and Regulatory Reform Committee raised two particular points in its report. I am pleased to be able to provide clarity on these matters today. The first was in relation to the person or body responsible for determining claims for compensation. Where someone believes they have experienced damage to their property as a result of enforcement action being unlawful or unreasonable, they will be able to submit a claim to the local trading standards authority where the damage occurred, or to the Department for the Economy in Northern Ireland. This is known as the relevant authority.
Claimants should submit a claim, in writing, with the necessary information, within 90 days of the end of the Games; this should include the date and location that the enforcement action took place, the nature of any damage and any supporting evidence. Within 14 days of a claim being received, the relevant authority should determine whether it has sufficient information and evidence to make a decision on the claim. If so, it will have 28 days to decide whether the claimant is entitled to compensation and the amount due, and to communicate this outcome, alongside information about how to seek a review.
It is important to note that, under the Games Act, local trading standards authorities are responsible for authorising officers to undertake enforcement in relation to Games offences. This is consistent with the Consumer Rights Act 2015. In the past, such as for London 2012, there was a role for the organising committee in designating enforcement officers, and therefore in considering claims for compensation. However, in tandem with arrangements in the Consumer Rights Act, these regulations provide for claims to be considered by the authority which authorises an enforcement officer—in this instance, a local trading standards authority or the Department for the Economy in Northern Ireland.
It is worth noting that the Act provides that a person is entitled to compensation for the cost of repairing the property that was damaged during the enforcement action, or, if it is not possible to repair it, the cost of replacing it and the amount of any other loss that is the direct result of the damage to the property.
The second point raised by the DPRRC was whether there is to be a right of review or appeal and, if so, to whom the review or appeal may be made and what grounds for appeal would be available. As set out in Regulations 6 and 7, if a claimant is unhappy with a relevant authority’s decision, such as the amount of compensation offered, they will have 14 days to request a review of the decision. The relevant authority will then have a further 14 days to consider this and provide a response. If the claimant remains unsatisfied with the outcome of the review, they will be able to submit an appeal within 21 days to the county court or, in Scotland, to the sheriff. The regulations do not specify or limit the grounds for appeal. The court, or the sheriff in Scotland, will be able to rehear the case and examine both the facts of the case and the law.
As restrictions on advertising and trading can be in place only for a maximum of 38 days, and in most instances a much shorter period, we expect any compensation claims arising from enforcement to be minimal. Indeed, we are not aware of any arising from similar regulations that supported the London 2012 Olympic and Paralympic Games or the Glasgow 2014 Commonwealth Games.
To summarise, these regulations plug a gap in the enforcement framework and provide the necessary clarity around the procedure for compensation claims, including the right to appeal any decision made by an enforcement authority. They are a small but nevertheless important part of the ongoing preparations to deliver a fantastic Games next year—a Games that will showcase Birmingham, the West Midlands and the entire country to the rest of the world as a place to live, work, study and do business. I look forward to continuing to update the House on this. I commend the regulations to the Grand Committee.
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