Greater London Authority Bill - continued        House of Lords

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  PART II
  GENERAL FUNCTIONS AND PROCEDURE
 
The general and subsidiary powers of the Authority
The general power of the Authority.     25. - (1) The Authority shall have power to do anything which it considers will further any one or more of its principal purposes.
 
      (2) Any reference in this Act to the principal purposes of the Authority is a reference to the purposes of-
 
 
    (a) promoting economic development and wealth creation in Greater London;
 
    (b) promoting social development in Greater London; and
 
    (c) promoting the improvement of the environment in Greater London.
      (3) In determining whether or how to exercise the power conferred by subsection (1) above to further any one or more of its principal purposes, the Authority shall have regard to the desirability of so exercising that power as to-
 
 
    (a) further the remaining principal purpose or purposes, so far as reasonably practicable to do so; and
 
    (b) secure, over a period of time, a reasonable balance between furthering each of its principal purposes.
      (4) In determining whether or how to exercise the power conferred by subsection (1) above, the Authority shall have regard to the effect which the proposed exercise of the power would have on-
 
 
    (a) the health of persons in Greater London; and
 
    (b) the achievement of sustainable development in the United Kingdom.
      (5) Where the Authority exercises the power conferred by subsection (1) above, it shall do so in the way which it 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 the Authority 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.
 
      (6) In subsection (5)(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 exercise of the power.
 
      (7) The Secretary of State may issue guidance to the Authority concerning the exercise by the Authority of the power conferred by subsection (1) above.
 
      (8) In deciding whether or how to exercise that power, the Authority shall have regard to any guidance issued under subsection (7) above.
 
      (9) Any guidance issued under subsection (7) above shall be published by the Secretary of State in such manner as he considers appropriate.
 
      (10) The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
 
Limits of the general power.     26. - (1) The Authority shall not by virtue of section 25(1) above incur expenditure in doing anything which may be done by a functional body other than the London Development Agency.
 
      (2) In determining whether to exercise the power conferred by section 25(1) above, the Authority shall seek to secure that it does not incur expenditure in doing anything which is being done by the London Development Agency.
 
      (3) The Authority shall not by virtue of section 25(1) above incur expenditure in providing-
 
 
    (a) any housing,
 
    (b) any education services,
 
    (c) any social services, or
 
    (d) any health services,
  in any case where the provision in question may be made by a London borough council, the Common Council or any other public body.
 
      (4) Any reference in subsection (3) above to the provision of housing-
 
 
    (a) includes a reference to the management of housing; but
 
    (b) does not include a reference to the acquisition by the Authority of existing housing accommodation and the making of that accommodation available on a temporary basis for one or more of the principal purposes of the Authority or for purposes incidental to such a purpose.
      (5) Any reference in subsection (3) above to the provision of social services is a reference to the exercise of-
 
 
    (a) any function under any enactment for the time being specified in Schedule 1 to the Local Authority Social Services Act 1970, or
 
    (b) any function for the time being designated by an order made by the Secretary of State under section 2(2) of that Act as being appropriate for discharge through a local authority's social services committee.
      (6) Nothing in subsections (1) to (5) above shall be taken to prevent the Authority incurring expenditure in co-operating with, or facilitating or co-ordinating the activities of, the bodies mentioned in those subsections.
 
      (7) The Secretary of State may by order amending this section make further provision for preventing the Authority from doing by virtue of section 25(1) above anything-
 
 
    (a) which may be done by a London borough council, the Common Council or a public body, and
 
    (b) which is specified, or is of a description specified, in the order.
      (8) The Secretary of State may by order impose limits on the expenditure which may be incurred by the Authority by virtue of section 25(1) above.
 
      (9) The Secretary of State may by order amending this section make provision removing or restricting any prohibitions or limitations imposed by this section on what may be done by the Authority by virtue of section 25(1) above.
 
Consultation.     27. - (1) The power conferred by section 25(1) above is exercisable only after consultation with such bodies or persons as the Authority may consider appropriate in the particular case.
 
      (2) In determining what consultation (if any) is appropriate under subsection (1) above, the bodies which, and persons whom, the Authority considers consulting must include-
 
 
    (a) any London borough council;
 
    (b) the Common Council; and
 
    (c) bodies of each of the descriptions specified in subsection (3) below.
      (3) Those descriptions are-
 
 
    (a) voluntary bodies some or all of whose activities benefit the whole or part of Greater London;
 
    (b) bodies which represent the interests of different racial, ethnic or national groups in Greater London;
 
    (c) bodies which represent the interests of different religious groups in Greater London;
 
    (d) bodies which represent the interests of persons carrying on business in Greater London.
      (4) The Authority may make arrangements with-
 
 
    (a) any London borough council,
 
    (b) the Common Council,
 
    (c) bodies of the descriptions specified in subsection (3) above, and
 
    (d) such other bodies or persons as it may consider appropriate,
  for the purpose of facilitating the carrying out by the Authority of consultation pursuant to this section or any other provision of this Act.
 
      (5) The functions conferred on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
 
Subsidiary powers of the Authority.     28. - (1) The Authority, acting by the Mayor, by the Assembly, or by both jointly, may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the Authority exercisable by the Mayor or, as the case may be, by the Assembly or by both acting jointly.
 
      (2) The Authority shall not by virtue of this section raise money (whether by precepts, borrowing or otherwise) or lend money, except in accordance with the enactments relating to those matters.
 
 
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Prepared 30 July 1999