Greater London Authority Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 108
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
237     Page 60, line 22, after ("Assembly") insert (", to each of the London borough councils, to the Common Council") 
238     Page 60, line 33, after ("Assembly") insert (", to each of the London borough councils, to the Common Council") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
238A     Page 60, line 33, at end insert--
 
    ("(4A)  The Assembly shall debate and vote on the capital spending plan.
 
    (4B)  If the Assembly votes by a majority of those voting to reject the Mayor's capital spending plan, not later than 56 days thereafter an election shall be held for the office of Mayor and all Assembly members as if such election were an ordinary election and the Mayor and Assembly members so elected shall hold office until the first Thursday in May in the fourth calendar year following that in which the ordinary election preceding such election was held.")
 
  
BY THE LORD WHITTY
 
238B     Page 60, line 34, leave out subsection (5) and insert--
 
    ("(  )  A copy of the capital spending plan shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.
 
    (  )  A copy of the capital spending plan, or any part of it, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.
 
    (  )  In this section "the appropriate period" in the case of a capital spending plan is the period of six years beginning with the date of publication of that plan pursuant to this section")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
239     Page 60, line 36, at end insert--
 
    ("(6)  Members of the public shall be entitled to make copies of the capital spending plan and copying facilities shall be made available to them at a reasonable charge.")
 
  
Clause 112
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
239A*     Leave out Clause 112 and insert the following new Clause-- 
     ("  .--(1)  The Authority shall--
    (a)  make arrangements for the proper administration of its financial affairs; and
    (b)  secure that one of its officers (its "chief finance officer") has responsibility for the administration of those affairs and for the oversight of the financial administration of the functional bodies.
    (2)  Every functional body shall--
    (a)  make arrangements for the proper administration of its financial affairs; and
    (b)  secure that one of its officers (its "chief finance officer") has responsibility for the administration of those affairs.
    (3)  In subsection (1)(b) and (2)(b) above, the reference to officers includes a reference to employees or members of staff and, in the case of Transport for London and the London Development Agency, includes a reference to members of the relevant Authority.")
Proper financial administration and chief finance officers.
  
Clause 115
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
240     Page 63, line 29, leave out from first ("the") to end of line 33 and insert ("Chairman of Transport for London or, in his absence, the Deputy Chairman of Transport for London"") 
241     Page 63, line 43, at end insert--
 
    ("(4B)  In those cases referred to in subsection (4A)(a) and (b) above, the Mayor of London shall publish the report within 7 days of receiving it."")
 
  
Clause 116
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
242     Page 65, line 27, at end insert--
 
    ("(7A)  Where any recommendation carries the support of a simple majority of members of the Assembly present and voting on that recommendation at a meeting under subsection (3) above, the Mayor shall comply with that recommendation when making any decision under subsection (6) above.")
 
  
Schedule 7
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
243     Page 205, line 22, at end insert ("; and
    (  )  the Assembly, the London borough councils, the Common Council and such other bodies as appear to him to be appropriate")
 
  
After Clause 121
 
  
BY THE LORD WHITTY
 
243A     Insert the following new Clause-- 
     ("  .--(1)  Section 47 of the Local Government Finance Act 1988 (discretionary relief) shall be amended as follows.
 
    (2)  In subsection (9) (which provides that a hereditament is an excepted hereditament, and accordingly not eligible for relief, if all or part of it is occupied by any body there mentioned) at the end of paragraph (b) (which relates to precepting authorities) there shall be added ";  or
      (c)  a functional body, within the meaning of the Greater London Authority Act 1999".
No discretionary rate relief for functional bodies.
1988 c. 41.
243B     Insert the following new Clause-- 
     ("  .--(1)  In Schedule 4 to the National Loans Act 1968 (which specifies the bodies to which local loans may be made) in paragraph 1, in paragraph (a) of the definition of "local authority", the word "and" immediately preceding sub-paragraph (iii) shall be omitted and after that sub-paragraph there shall be added ";  and
            (iv)  a functional body, within the meaning of the Greater London Authority Act 1999".
Local loans.
1968 c. 13.
     (2)  In section 2 of the Public Works Loans Act 1965 (new form of local loan and automatic charge for securing it) in sub-paragraph (1) (which includes a definition of "relevant authority") in paragraph (a), the word "and" immediately preceding sub-paragraph (iii) shall be omitted and after that sub-paragraph there shall be added ";  and
            (iv)  a functional body, within the meaning of the Greater London Authority Act 1999".")
1965 c. 63.
  
Clause 123
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
244     Page 67, line 23, after ("pedestrians") insert ("and cyclists") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
244A     Page 67, line 26, at end insert ("and waste") 
  
Clause 124
 
  
BY THE LORD GRAHAM OF EDMONTON
 
245     Page 67, line 31, at end insert (", and
    (c)  progressive targets for the reduction of traffic volume in Greater London")
 
  
Clause 125
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
246     Page 68, line 9, at end insert--
 
    ("(3)  No direction by the Secretary of State shall come into force if it is rejected by a resolution of the Assembly.")
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 125 stand part of the Bill. 
  
Clause 127
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
247     Page 69, line 1, leave out ("section and sections 128 to 132 below") and insert ("Chapter") 
  
Clause 129
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
248     Page 69, line 29, leave out ("under section 132 below") 
  
BY THE LORD WHITTY
 
248A     Page 69, line 36, leave out from ("refuses") to ("unless") in line 39, and insert ("under subsection (2) of section 128 above to approve a local implementation plan, the London borough council which submitted the plan shall prepare a new local implementation plan and submit it to the Mayor under subsection (1) of that section") 
248B     Page 69, line 40, leave out ("in writing") 
248C     Page 70, line 19, leave out ("administrative") 
  
After Clause 129
 
  
BY THE LORD WHITTY
 
248D     Insert the following new Clause-- 
     ("  .--(1)  A London borough council may at any time prepare such revisions as it considers appropriate to the council's local implementation plan.
 
    (2)  Where the Mayor revises the transport strategy under section 33(2) above, each London borough council shall as soon as reasonably practicable after the Mayor has published the transport strategy as revised prepare such revisions to the council's local implementation plan as it considers are necessary in order to implement that strategy in its area.
 
    (3)  Where a London borough council considers that no revisions are required to be prepared under subsection (2) above the council shall notify the Mayor.
 
    (4)  For the purposes of this section, the "local implementation plan", in relation to any London borough council, means whichever of the following has been most recently approved, or as the case may be, prepared, by the Mayor, namely--
    (a)  a local implementation plan prepared by the council and approved by the Mayor under section 128 above;
    (b)  a local implementation plan, as proposed by the council to be revised, approved by the Mayor under that section; and
    (c)  a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of the council.")
Revision.
248E     Insert the following new Clause-- 
     ("  .--(1)  In preparing any revisions under section (Revision) above a London borough council shall consult the bodies and persons required to be consulted under subsection (2) of section 127 above, taking the references in paragraph (d) of that subsection and in subsection (5) of that section to the local implementation plan as references to revisions under section (Revision) above.
 
    (2)  Each local implementation plan as proposed to be revised shall include the matters specified in section 127(1) and (3) above.
 
    (3)  The provisions of section 128 above shall apply to a London borough council's local implementation plan as proposed to be revised as they apply to the council's local implementation plan.")
Procedure for revision.
248F     Insert the following new Clause-- 
     ("  .--(1)  Where the Mayor has published the transport strategy as revised but it appears to the Mayor that a London borough council has failed--
    (a)  to prepare such revisions to the council's local implementation plan, or
    (b)  to submit to him for approval such a local implementation plan as proposed to be revised,
as the Mayor considers necessary in order to implement in the council's area the transport strategy as revised, the Mayor may issue to the council a direction under section 132 below requiring the council to do so within such period as the Mayor shall specify in the direction.
 
    (2)  Where the Mayor has issued a direction of the kind mentioned in subsection (1) above but the council has not complied with the direction within a reasonable time, the Mayor may prepare a revised local implementation plan on behalf of the council.
 
    (3)  Where the Mayor refuses to approve under subsection (2) of section 128 above a local implementation plan as proposed to be revised, the London borough council which submitted the plan shall prepare new revisions and submit to the Mayor under subsection (1) of that section a new local implementation plan as proposed to be revised, unless the Mayor notifies the council that he intends to exercise his powers under subsection (4) below.
 
    (4)  Where the Mayor--
    (a)  refuses to approve under subsection (2) of section 128 above a local implementation plan as proposed to be revised, and
    (b)  has served on the London borough council who submitted the plan a notice under subsection (3) above,
the Mayor may prepare a revised local implementation plan on behalf of the council.
 
    (5)  In preparing a revised local implementation plan the Mayor shall consult the bodies and persons required to be consulted under subsection (5) of section 129 above, taking the references in paragraphs (a) and (e) of that subsection and in subsection (8) of that section to a local implementation plan prepared on behalf of a London borough council as references to a revised local implementation plan prepared on behalf of such a council.
 
    (6)  A revised local implementation plan prepared by the Mayor under this section shall include the matters specified in section 127(1) and (3) above.
 
    (7)  Where the Mayor prepares a revised local implementation plan on behalf of a London borough council, he may recover from the council as a civil debt any reasonable expenses incurred by him in preparing the plan.")
Power of the Mayor to prepare a revised plan.
  
Clause 130
 
  
BY THE LORD WHITTY
 
248G     Page 70, line 27, at end insert (", or a local implementation plan as proposed to be revised,") 
248H     Page 70, line 29, leave out ("prepared") and insert ("submitted") 
248J     Page 70, line 31, after ("above") insert ("or, as the case may be, section (Procedure for revision)(2) above") 
248K     Page 70, line 33, at end insert ("or, as the case may be, section (Procedure for revision)(2) above") 
248L     Page 70, line 34, after ("plan") insert ("or a revised local implementation plan") 
248M     Page 70, line 35, after first ("above") insert ("or, as the case may be, section (Power of the Mayor to prepare a revised plan) above") 
248N     Page 70, leave out line 38 and insert ("approved by the Mayor under section 128 above or, as the case may be, a local implementation plan as proposed to be revised, approved by the Mayor under that section.") 
  
Clause 131
 
  
BY THE LORD WHITTY
 
248P     Page 71, line 2, at end insert--
 
    ("(  )  Subsection (1) above applies in relation to a local implementation plan, as proposed to be revised, approved by the Mayor under section 128 above as it applies to a local implementation plan approved by the Mayor under that section.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
249     Page 71, line 4, leave out ("under section 132 below") 
  
BY THE LORD WHITTY
 
249A     Page 71, line 15, leave out ("administrative") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 131 stand part of the Bill. 
  
Clause 132
 
  
BY THE LORD WHITTY
 
249B     Page 71, line 26, after ("plan") insert ("or revisions to such a plan") 
249C     Page 71, line 28, at end insert ("or revisions to such a plan") 
249D     Page 71, line 29, after (" 127(3)(a)") insert (", (Procedure for revision)(2) or (Power of the Mayor to prepare a revised plan)(6)") 
249E     Page 71, line 30, after (" 127(3)(b)") insert (", (Procedure for revision)(2) or (Power of the Mayor to prepare a revised plan)(6)") 
249F     Page 71, line 35, at end insert--
 
    ("(  )  The reference in subsection (2)(e) above to the local implementation plan includes a reference to--
    (a)  a local implementation plan, as proposed by a London borough council to be revised, approved by the Mayor under section 128 above; and
    (b)  a local implementation plan or revised local implementation plan prepared by the Mayor on behalf of a London borough council.")
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 132 stand part of the Bill. 
 
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