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

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Clause 31
 
  
BY THE LORD WHITTY
 
     Page 18, line 15, at end insert--
    ("(  )  the Common Council;")
 
     Page 18, line 16, at end insert--
 
    ("(2A)  In the case of the Common Council or a local authority, an authorisation under this section--
    (a)  may only be granted or varied with its written consent; and
    (b)  shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.")
 
     Page 18, line 16, at end insert--
 
    ("(2B)  Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
 
    (2C)  Subsection (2B) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by--
    (a)  a committee or sub-committee, or a member, officer or employee, of the body or person, or
    (b)  a joint committee on which the body or person is represented,
except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.")
 
     Page 18, line 24, at end insert--
    ("(c)  the Common Council,
    (d)  any local authority,")
 
     Page 18, line 31, leave out from ("authorisation") to ("as") in line 32 and insert ("under subsection (1) above given by the Mayor--
    (a)  to a local authority,
    (b)  to Transport for London, or
    (c)  to the London Development Agency,")
 
     Page 18, line 34, leave out subsection (6) 
  
After Clause 31
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
      (" .--(1) Where any functions exercisable on behalf of the Authority by the Mayor are, by virtue of an authorisation under section 31(1) above, also exercisable by one or more local authorities, the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint discharge of the functions by a joint committee.
 
    (2)  Where--
    (a)  a statutory function of the Authority is exercisable, or has been exercised, by the Mayor acting on behalf of the Authority, and
    (b)  the exercise, or any particular exercise, of that function will or may affect, or be affected by, the exercise, or any particular exercise, of statutory functions of local authorities (whether or not the functions are the same in the case of each such authority),
Exercise of functions by joint committees.
1972 c. 70.
 the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint exercise of any of the statutory functions mentioned in paragraph (a) or (b) above by a joint committee, as if those functions were exercisable by the Mayor acting on behalf of the Authority and by each local authority.
 
    (3)  For the purposes of subsection (2) above, the exercise of a function shall be taken to affect, or be affected by, the exercise of another function if the functions are exercisable for the same, or for similar or connected, purposes or in relation to the same, or similar or connected, subject matter.
1972 c. 70.
     (4)  For the purposes of subsections (1) and (2) above, sections 101(5) and 102 to 106 of the Local Government Act 1972 shall have effect as if the Authority acting by the Mayor were a local authority.
 
    (5)  Any arrangements made by virtue of subsection (1) or (2) above for the discharge of any functions by a joint committee (or by a sub-committee of a joint committee) shall not prevent the Mayor or any local authority, or the joint committee by whom the arrangements are made, from exercising the functions.
 
    (6)  A person who is disqualified under section 20 above from being elected or being the Mayor or an Assembly member, otherwise than by reason only of being a member of staff of the Authority, shall be disqualified from being a member of a joint committee established by virtue of subsection (1) or (2) above or of any sub-committee of such a committee.
 
    (7)  Subject to that, the Mayor or any other individual may be appointed as a representative of the Authority on any joint committee established by virtue of subsection (1) above and any such representative may be appointed as a member of any sub-committee of such a joint committee.
 
    (8)  Any reference in this section to a local authority includes a reference to the Common Council.")
1972 c. 70.
  
Clause 33
 
  
BY THE LORD CLINTON-DAVIS
 
     Page 19, line 32, at end insert ("and
          (i)  the River Thames strategy prepared and published under section (the River Thames strategy) below")
 
     Page 20, line 9, leave out paragraph (d) 
  
BY THE LORD WHITTY
 
     Page 20, line 32, at end insert--
 
    ("(8A)  The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above as he may consider appropriate, having regard to--
    (a)  any related targets or objectives set nationally; and
    (b)  any performance indicators set by the Secretary of State, whether nationally or locally, which affect the exercise of functions by authorities involved in the implementation of the strategy;
and in setting any such targets the Mayor shall seek to secure that they are not less demanding than any related targets or objectives which are set nationally.")
 
  
Clause 35
 
  
BY THE LORD WHITTY
 
     Page 21, line 24, after first ("to") insert ("the current version of") 
     Page 21, line 24, at end insert--
 
    ("(  )  The Mayor shall send to the Common Council and to each London borough council a copy of the current version of each strategy mentioned in section 33(1) above.")
 
     Page 21, line 25, after ("of") insert ("the current version of") 
     Page 21, line 25, leave out ("strategy mentioned in section 33(1) above") and insert ("such strategy") 
     Page 21, line 26, leave out ("for the appropriate period") 
     Page 21, line 27, after ("Authority") insert (", and
    (b)  at such other places as the Mayor considers appropriate,")
 
     Page 21, line 29, after first ("of") insert ("the current version of") 
     Page 21, line 30, leave out ("during the appropriate period") 
     Page 21, line 32, leave out subsection (4) 
     Page 21, line 33, at end insert--
 
    ("(  )  Any reference in this section to "the current version" of a strategy or part of a strategy is a reference--
    (a)  in the case of the spatial development strategy, to that strategy as last published, whether originally or by way of replacement, and to any published alteration thereof for the time being having effect; and
    (b)  in the case of any other strategy, to that strategy as last published, whether originally or as revised.")
 
  
After Clause 36
 
  
BY THE BARONESS HAMWEE
THE LORD CLEMENT-JONES
[In substitution for the amendment tabled on page 6 of sheet HL Bill 92(b)]
 
     Insert the following new Clause-- 
      ("  .--(1)  The Mayor shall prepare and publish a document to be known for the purposes of this Act as the London public health report.
 
    (2)  The London public health report shall contain--
    (a)  information about the state of public health in Greater London;
    (b)  an assessment of the impact of the Mayor's strategies specified in section 33(1) above on the state of public health in Greater London;
    (c)  information about the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of improving the health of persons in Greater London;
    (d)  information about the measures which other persons or bodies have encouraged the Mayor to take for the purpose of improving the health of persons in Greater London.
    (3)  The London public health report shall be published--
    (a)  in the case of the first London public health report, before the end of the period of three years beginning with the day of the first ordinary election, and
    (b)  in the case of each London public health report subsequent to the first, before the end of the period of four years beginning with the day on which the previous state of the public health report was published
    (c)  after consultation with the Mayor's Health Strategy Group established under section (Mayor's Health Strategy Group).")
London public health report.
  
Clause 37
 
  
BY THE LORD WHITTY
 
     Page 22, line 2, after ("three") insert ("clear working") 
     Page 22, line 4, after ("three") insert ("clear working") 
     Page 22, line 20, at end insert--
 
    ("(3A)  The Mayor shall--
    (a)  so far as reasonably practicable, answer any such question orally at the meeting at which it is put, or
    (b)  if for any reason it is not reasonably practicable to do that, provide a written answer before the end of the third working day following the day on which the question was asked at the meeting,
(subject, in either case, to subsection (4) below).
 
    (3B)  for the purposes of subsection (3A)(b) above, the day on which a question is asked at a meeting is--
    (a)  in the case of an oral question, the day on which the question is first asked at the meeting; or
    (b)  in the case of a written question, the day on which the question is first raised at the meeting.")
 
     Page 22, line 21, after ("(3)") insert ("or (3A)") 
     Page 22, line 23, at end insert--
    ("(b)  a functional body,
    (c)  a member of a functional body, or
    (d)  a member of staff of a functional body,
except as provided by subsection (5) below.
 
    (5)  Where--
    (a)  the Mayor receives advice from a person falling within paragraph (b), (c) or (d) of subsection (4) above, and
    (b)  the functional body mentioned in that paragraph is the Metropolitan Police Authority or the London Fire and Emergency Planning Authority,
the Mayor is not relieved by subsection (4) above from any requirement to disclose the advice, if or to the extent that the advice falls within subsection (6) below.
 
    (6)  Advice given to the Mayor by a functional body falls within this subsection if it has been disclosed--
 
 
    (a)  at a meeting of, or of a committee or sub-committee of, the functional body at a time when the meeting was open to members of the public by virtue of Part VA of the Local Government Act 1972 (access to meetings and documents); or
    (b)  in a document which has been open to inspection by members of the public by virtue of that Part of that Act.
    (7)  Any reference in this section to a member of staff of a functional body includes a reference to an officer or employee of that body.
 
    (8)  In this section "advice" includes--
    (a)  an expression of opinion; and
    (b)  an analysis of information.")
1972 c. 70.
     Page 22, line 23, at end insert--
 
    ("(  )  For the purposes of this section, a day is a working day unless it is--
    (a)  a Saturday or Sunday;
    (b)  Christmas Eve, Christmas Day, Maundy Thursday or Good Friday;
 
 
    (c)  a day which is a Bank Holiday in England under the Banking and Financial Dealings Act 1971; or
    (d)  a day appointed for public thanksgiving or mourning.")
1971 c. 80.
  
Clause 38
 
  
BY THE LORD WHITTY
 
     Page 22, line 31, at end insert--
    ("(  )  a statement of any targets for the time being in force under section 33(8A) above with respect to the implementation of those strategies and an assessment of the progress made by authorities involved in the implementation of those strategies towards achieving those targets;")
 
  
Clause 39
 
  
BY THE LORD WHITTY
 
     Page 23, line 8, leave out from ("meeting") to end of line 9 and insert ("under this section (in this section referred to as a "State of London debate") which shall be open to all members of the public.") 
     Page 23, line 9, at end insert--
 
    ("(  )  The form of, and procedure for, a State of London debate shall be such as the Mayor may determine after consultation with the Assembly, but must be such that there is an opportunity for members of the public to speak.
 
    (  )  The power to determine the form of, and procedure for, a State of London debate includes power to appoint a person to preside.
 
    (  )  Any person may be appointed to preside at a State of London debate, whether or not he has any connection with the Authority.
 
    (  )  A member of the public who attends or speaks at a State of London debate shall do so subject to and in accordance with the procedure for the State of London debate.")
 
  
Clause 40
 
  
BY THE LORD WHITTY
 
     Page 23, line 22, leave out from ("meeting") to end of line 23 and insert ("under this section (in this section referred to as a "People's Question Time") which shall be open to all members of the public.") 
     Page 23, line 23, at end insert--
 
    ("(  )  The purpose of a People's Question Time is to afford an opportunity to members of the public to put questions to the Mayor and Assembly members and to enable the Mayor and Assembly members to respond.
 
    (  )  The form of, and procedure for, a People's Question Time shall be such as the Mayor may determine after consultation with the Assembly.
 
    (  )  The power to determine the form of, and procedure for, a People's Question Time includes power to appoint a person to preside.
 
    (  )  Any person may be appointed to preside at a People's Question Time, whether or not he has any connection with the Authority.
 
    (  )  A member of the public who attends or speaks at a People's Question Time shall do so subject to and in accordance with the procedure for the People's Question Time.")
 
     Page 23, line 25, leave out ("and") and insert (", after consultation with") 
  
Clause 43
 
  
BY THE LORD WHITTY
 
     Page 24, line 43, at end insert ("except as provided by subsection (6A) below") 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
     Page 25, line 3, leave out ("Chair") and insert ("Chairman") 
  
BY THE LORD WHITTY
 
     Page 25, line 4, leave out ("arise") and insert ("occur") 
     Page 25, line 6, leave out ("arises") and insert ("occurs") 
     Page 25, line 8, at end insert--
 
    ("(6A)  If a vacancy occurs in the office of Chair of the Assembly and there is a person who is the Deputy Chair of the Assembly, that person shall (subject to the other provisions of this Act or any other enactment) also be the Chair of the Assembly until such time as the vacancy is filled in accordance with subsection (6) above.")
 
  
Clause 44
 
  
BY THE LORD WHITTY
 
     Page 25, line 13, at beginning insert--
 
    ("(1A)  The Assembly may hold, in addition to any meetings required to be held by or under this section or any other enactment, such other meetings as it may determine.")
 
     Page 25, line 18, leave out from beginning to ("there") in line 19 and insert ("On such ten occasions in each calendar year as the Assembly may determine,") 
     Page 25, line 21, leave out ("Mayor's monthly written report") and insert ("written report submitted for the meeting by the Mayor") 
     Page 25, line 23, leave out ("question the Mayor or") and insert ("put--
          (i)  oral or written questions to the Mayor, and
          (ii)  oral questions to")
 
     Page 25, line 25, at end insert ("; and
    (  )  to transact any other business on the agenda for the meeting")
 
     Page 25, line 25, at end insert--
 
    ("(  )  The first meeting under subsection (2) above after an ordinary election shall be held not later than 25 days after the day of the poll at the election.")
 
     Page 25, line 26, leave out subsection (3) and insert--
 
    ("(3)  Notice of the time and place of any meeting of the Assembly--
    (a)  shall be given to the Mayor and the Assembly members, and
    (b)  shall be published,
in accordance with the standing orders of the Authority.
 
    (3A)  In the case of a meeting of the Assembly under subsection (2) above, the notice required by subsection (3) above must be given and published--
    (a)  if the meeting is the first such meeting after an ordinary election, as soon as reasonably practicable after the day of the poll at that election; or
    (b)  in any other case, at least 28 clear days before the meeting.
    (3B)  If notice of a meeting to be held under subsection (2) above has been given pursuant to subsection (3A) above, then, until that meeting has been held or the notice has been withdrawn, notice must not be given of another such meeting.")
 
 
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Prepared 6 October 1999