Greater London Authority Bill - continued        House of Lords
PART II, GENERAL FUNCTIONS AND PROCEDURE - continued

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Functions exercisable by the Mayor
Delegation.     31. - (1) Any function exercisable on behalf of the Authority by the Mayor shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
 
      (2) Those bodies and persons are-
 
 
    (a) the Deputy Mayor;
 
    (b) any member of staff of the Authority;
 
    (c) Transport for London;
 
    (d) the London Development Agency;
 
    (e) any local authority.
      (3) Subsection (1) above does not apply-
 
 
    (a) in relation to functions under this section; or
 
    (b) in relation to any function of making appointments under subsection (1) of section 56 below (which, subject to the provisions of Schedule 4 to this Act, shall be exercisable only by the Mayor).
      (4) Each of the following bodies, namely-
 
 
    (a) Transport for London,
 
    (b) the London Development Agency,
  shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
 
      (5) Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation given by the Mayor to a local authority by virtue of subsection (1) above as they apply to arrangements under that section between one local authority and another.
 
      (6) Section 101(5) of the Local Government Act 1972 (discharge of functions by two or more local authorities jointly) shall have effect so far as relating to functions which, in the case of the Authority, are exercisable by the Mayor as if the Authority acting through the Mayor were a local authority.
 
      (7) An authorisation under this section may be varied or revoked at any time by the Mayor.
 
      (8) Subject to earlier revocation under subsection (7) above, any authorisation under this section shall continue in effect until the beginning of the next term of office of any person as Mayor.
 
      (9) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
 
Contracting out.     32. - (1) Part II of the Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.
 
      (2) In section 70 (functions of local authorities) in subsection (1)(b), after "section 56 of the Local Government (Scotland) Act 1973" there shall be inserted "or section 31 of the Greater London Authority Act 1999".
 
      (3) After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the Local Government Act 1972 etc) there shall be inserted-
 
 
    "(6) Any reference in subsection (5) above to arrangements under section 101 of the Local Government Act 1972 includes a reference to an authorisation under section 31 of the Greater London Authority Act 1999."
 
      (4) In section 79(1) (interpretation of Part II) in the definition of "local authority", in paragraph (a), after "London borough council," there shall be inserted "the Greater London Authority acting through the Mayor of London,".
 
 
The Mayor's strategies
General duties of the Mayor in relation to his strategies.     33. - (1) This section applies to-
 
 
    (a) the transport strategy prepared and published under section 124 below,
 
    (b) the London Development Agency strategy prepared and published under section 7A(2) of the Regional Development Agencies Act 1998,
 
    (c) the spatial development strategy prepared and published under Part VIII below,
 
    (d) the London Biodiversity Action Plan prepared and published under section 282 below,
 
    (e) the municipal waste management strategy prepared and published under section 283 below,
 
    (f) the London air quality strategy prepared and published under section 289 below,
 
    (g) the London ambient noise strategy prepared and published under section 297 below, and
 
    (h) the culture strategy prepared and published under section 301 below.
      (2) The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.
 
      (3) Subsection (2) above does not apply in relation to the spatial development strategy (for which separate provision as to review is made by section 271 below).
 
      (4) In preparing or revising any strategy mentioned in subsection (1) above, the Mayor shall have regard to-
 
 
    (a) the principal purposes of the Authority;
 
    (b) the effect which the proposed strategy or revision would have on-
 
      (i) the health of persons in Greater London; and
 
      (ii) the achievement of sustainable development in the United Kingdom; and
 
    (c) the matters specified in subsection (5) below.
      (5) Those matters are-
 
 
    (a) the need to ensure that the strategy is consistent with national policies and with such international obligations as the Secretary of State may notify to the Mayor for the purposes of this paragraph;
 
    (b) the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above;
 
    (c) the resources available for implementation of the strategy; and
 
    (d) the desirability of promoting and encouraging the use of the River Thames, in particular for the provision of passenger transport services and for the transportation of freight.
      (6) The Mayor-
 
 
    (a) in considering whether any strategy mentioned in subsection (1) above needs to be revised,
 
    (b) in implementing any such strategy, or
 
    (c) in exercising in relation to the spatial development strategy any of his functions under sections 264 to 272 below,
  shall have regard to the matters specified in subsection (5) above.
 
      (7) Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he considers best calculated-
 
 
    (a) to promote improvements in the health of persons in Greater London, and
 
    (b) to contribute towards the achievement of sustainable development in the United Kingdom,
  except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a) or (b) above is not reasonably practicable in all the circumstances of the case.
 
      (8) In subsection (7)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the strategy or revision.
 
      (9) For the purposes of this section "international obligations" means international obligations of the United Kingdom under any treaty, including obligations under the Community Treaties.
 
      (10) For the purposes of this Act, unless the context otherwise requires, a reference to a strategy includes a reference to the London Biodiversity Action Plan.
 
Consultation.     34. - (1) In preparing or revising any strategy to which this section applies the Mayor shall consult-
 
 
    (a) the Assembly,
 
    (b) the functional bodies,
 
    (c) each London borough council,
 
    (d) the Common Council, and
 
    (e) any other body or person whom he considers it appropriate to consult.
      (2) In determining what consultation (if any) is appropriate under subsection (1)(e) above, the bodies which, and persons whom, the Mayor considers consulting must include bodies of each of the descriptions specified in section 27(3) above.
 
      (3) The strategies to which this section applies are those mentioned in section 33(1) above, other than the spatial development strategy (for which separate provision as to consultation and other aspects of public participation is made by Part VIII below).
 
      (4) Subsection (1) above is without prejudice to any other duty imposed on the Mayor in relation to consultation.
 
      (5) In discharging the duty under subsection (1) above, the Mayor shall consult the Assembly and the functional bodies before consulting the other bodies or persons mentioned in subsection (1)(c) to (e) above.
 
      (6) In any case where-
 
 
    (a) the Mayor proposes to revise any of the strategies to which this section applies, and
 
    (b) he considers that the proposed revisions will not materially alter the strategy in question,
  the Mayor is not required to carry out consultation in accordance with this section.
 
Publicity and availability of strategies.     35. - (1) The Mayor shall take such steps as in his opinion will give adequate publicity to each strategy to which section 34 above applies.
 
      (2) A copy of each strategy mentioned in section 33(1) above shall be kept available by the Mayor for public inspection free of charge at his principal offices.
 
      (3) A copy of each such strategy shall be supplied to any member of the public who requests it for such reasonable fee as the Mayor may determine.
 
Directions by the Secretary of State.     36. - (1) In relation to each strategy mentioned in section 33(1) above, where the Mayor has not published the strategy and the Secretary of State considers that the Mayor is not taking such steps as are necessary to prepare the strategy, he may issue a direction to the Mayor under subsection (2) below.
 
      (2) A direction under this subsection may direct the Mayor to prepare and publish the strategy within such period as the direction shall specify.
 
      (3) Where the Secretary of State issues a direction to the Mayor under subsection (1) above, the Mayor shall comply with the direction.
 
 
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