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

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Clause 45
 
  
BY THE LORD WHITTY
 
     Page 25, line 42, at beginning insert ("All questions coming before, or to be decided by, the Assembly shall be decided by a majority of the members of the Assembly present and voting at a meeting of the Assembly.
 
    (1A)  In the case of an equality of votes, the person chairing the meeting of the Assembly shall have a second or casting vote.
 
    (1B)  Subsections (1) and (1A) above are subject to any provision to the contrary contained in this or any other enactment.
 
    (1C)")
 
     Page 25, line 43, after ("committees") insert ("and sub-committees") 
     Page 26, line 1, leave out ("(1)") and insert ("(1C)") 
     Page 26, line 1, at end insert--
    ("(  )  subsections (1) and (1A) above;")
 
     Page 26, line 2, at end insert--
    ("(  )  section (Minutes) below;")
 
  
Clause 46
 
  
BY THE LORD WHITTY
 
     Page 26, line 7, leave out from beginning to first ("the") in line 8 
     Page 26, line 10, after ("committee") insert ("or sub-committee") 
     Page 26, line 11, at end insert--
 
    ("(1A)  The Assembly may arrange for a member of staff of the Authority appointed under section 56(2) below to exercise on the Assembly's behalf any function exercisable by the Assembly under section 56(2) or 59(2) below.")
 
     Page 26, line 11, at end insert--
 
    ("(1B)  Where by virtue of this section any functions exercisable by the Assembly may be discharged by a committee of the Assembly, then, unless the Assembly otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or by a single member of the Assembly.
 
    (1C)  Where by virtue of this section any functions exercisable by the Assembly may be discharged by a sub-committee of the Assembly, then, unless the Assembly or the committee concerned otherwise directs, the sub-committee may arrange for the discharge of any of those functions by a single member of the Assembly.")
 
     Page 26, line 12, leave out subsection (2) and insert--
 
    ("(2)  Any arrangements made under this section by the Assembly, or by a committee or sub-committee of the Assembly, for the discharge of any functions by--
    (a)  a committee or sub-committee of the Assembly,
    (b)  a member of the Assembly, or
    (c)  a member of staff of the Authority,
shall not prevent the Assembly, or the committee or sub-committee by whom the arrangements are made, from exercising those functions.")
 
     Page 26, line 17, at end insert--
 
    ("(  )  Subsections (1) to (1B) of section 45 above shall apply in relation to a meeting of a committee or sub-committee of the Assembly as they apply in relation to a meeting of the Assembly.")
 
     Page 26, line 17, at end insert--
 
    ("(  )  Subsections (1) to (2) above are subject to any express provision contained in this Act or any Act passed after this Act.")
 
  
After Clause 46
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
      (" .--(1) For the purpose of discharging, in pursuance of arrangements under section 46(1)(a) above, any functions exercisable by the Assembly--
    (a)  the Assembly may appoint a committee of the Assembly (an "ordinary committee"); and
    (b)  an ordinary committee may appoint one or more sub-committees ("ordinary sub-committees").
    (2)  Subject to the provisions of this section--
    (a)  the number of members, and
    (b)  their term of office,
shall be fixed in the case of an ordinary committee by the Assembly or, in the case of an ordinary sub-committee, by the appointing committee.
 
    (3)  An ordinary committee or sub-committee must not include any person who is not an Assembly member.
 
    (4)  The Assembly may appoint one or more committees ("advisory committees") to advise it on any matter relating to the discharge of its functions.
 
    (5)  An advisory committee--
    (a)  may consist of such persons (whether Assembly members or not) appointed for such term as may be determined by the Assembly; and
    (b)  may appoint one or more sub-committees ("advisory sub-committees") to advise the committee with respect to any matter on which the committee has been appointed to advise.")
Assembly committees and sub-committees.
     Insert the following new Clause-- 
      (" .--(1) Minutes of the proceedings of a meeting of the Assembly, or of any committee or sub-committee of the Assembly, shall be kept in such form as the Assembly may determine.
 
    (2)  Any such minutes shall be signed at the same or next suitable meeting of the Assembly, committee or sub-committee by the person presiding at that meeting.
 
    (3)  Any minute purporting to be signed as mentioned in subsection (2) above shall be received in evidence without further proof.
 
    (4)  For the purposes of subsection (2) above, the next suitable meeting of the Assembly, or of a committee or sub-committee of the Assembly, is their next following meeting or, where standing orders of the Authority provide for another meeting to be regarded as suitable, either the next following meeting or that other meeting.
 
    (5)  In the application of this section in the case of a meeting of the Assembly under section 44(2) above, "minutes" includes--
    (a)  the text of any question put pursuant to section 44(2) above at the meeting, and
    (b)  the text of the answer given to any such question,
whether the question was put, or the answer given, orally or in writing.")
Minutes.
  
Clause 47
 
  
BY THE LORD WHITTY
 
     Page 26, line 21, after ("its") insert ("ordinary committees and advisory") 
     Page 26, line 22, after ("ordinary") insert ("or, as the case may be, advisory") 
  
Clause 48
 
  
BY THE LORD WHITTY
 
     Page 26, line 29, after ("council,") insert ("and
    (b)  any committee or sub-committee of the Assembly were a committee or sub-committee of a principal council, within the meaning of that Part,")
 
     Page 26, line 38, at end insert--
 
    ("(2A)  In the following provisions of that Act, namely--
    (a)  section 100A(2) (which requires the exclusion of the public from meetings and makes other provision to prevent disclosure of confidential information in breach of the obligation of confidence), and
    (b)  section 100D(4) (which prevents the inclusion in a list of documents of any document which would so disclose such information),
any reference to the disclosure (or likelihood of disclosure) of confidential information in breach of the obligation of confidence includes a reference to the disclosure of information of any of the descriptions specified in subsection (2B) below without the consent of the relevant body concerned.
 
    (2B)  The descriptions are--
    (a)  any information relating to the financial or business affairs of any particular person which was acquired in consequence of a relationship between that person and a relevant body;
    (b)  the amount of any expenditure proposed to be incurred by a relevant body under any particular contract, if and so long as disclosure would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the relevant body, whether the advantage would arise against the relevant body or another such person;
    (c)  any terms proposed or to be proposed by or to a relevant body in the course of negotiations for any particular contract, if and so long as disclosure would prejudice the relevant body in those or any other negotiations concerning the subject matter of the contract;
    (d)  the identity of any person as the person offering any particular tender for a contract for the supply of goods or services to a relevant body;
and in this subsection "relevant body" means Transport for London or the London Development Agency.")
 
     Page 26, line 38, at end insert--
 
    ("(  )  In section 100C of that Act (inspection of minutes and other documents after meetings) any reference to the minutes of a meeting shall, in the case of a meeting of the Assembly under section 44(2) above, be taken to include a reference to--
    (a)  the text of any question put pursuant to section 44(2) above at the meeting, and
    (b)  the text of the answer given to any such question,
whether the question was put, or the answer given, orally or in writing.")
 
     Page 26, line 38, at end insert--
 
    ("(  )  Nothing in section 100D (inspection of background papers) requires or authorises the inclusion in any such list as is referred to in subsection (1) of that section of any document which discloses anything which, by virtue of subsection (4) of section 37 above, is not required to be disclosed under subsection (3) or (3A) of that section.")
 
     Page 26, line 38, at end insert--
 
    ("(  )  In section 100E of that Act (application to committees and sub-committees) subsection (3)(e) shall have effect as if section (Assembly committees and sub-committees) above were included among the enactments specified in section 101(9) of that Act.")
 
  
Clause 50
 
  
BY THE LORD WHITTY
 
     Page 27, line 25, leave out ("resolves by a majority of Assembly members present and voting") and insert ("decides") 
  
Clause 51
 
  
BY THE LORD WHITTY
 
     Page 29, line 8, at end insert--
 
    ("(10A)  Nothing in this section shall require a person who is--
    (a)  a member of a functional body, or
    (b)  a member of staff of a functional body,
to give any evidence, or produce any document, which relates to advice given to the Mayor by that person or, except as provided by subsection (10B) below, by that functional body.
 
    (10B)  Subsection (10A) above does not relieve a person from a requirement to give any evidence, or produce any document, which relates to advice given to the Mayor by--
    (a)  the Metropolitan Police Authority, or
    (b)  the London Fire and Emergency Planning Authority,
if or to the extent that the advice falls within subsection (10C) below.
 
    (10C)  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.")
1972 c. 70.
     Page 29, line 9, leave out (" 53 and 54") and insert ("to (Proceedings under section 51(1): openness)") 
     Page 29, line 9, at end insert--
    ("(  )  "advice" includes--
          (i)  an expression of opinion; and
          (ii)  an analysis of information.")
 
     Page 29, line 16, at end insert ("and
    (c)  any reference to proceedings is a reference to proceedings at a meeting.")
 
  
Clause 52
 
  
BY THE LORD WHITTY
 
     Page 29, line 19, leave out from beginning to ("is") in line 21 and insert ("an ordinary committee of the Assembly, if the committee") 
     Page 29, line 22, leave out ("a simple majority of those present and voting at a meeting of the whole") and insert ("the") 
     Page 29, line 24, at end insert--
 
    ("(  )  Except in the case of a committee which is authorised by standing orders to exercise the powers of the Assembly under section 51(1) above, section 46 above shall not apply in relation to--
    (a)  the Assembly's function of deciding to exercise its powers under section 51(1) above; or
    (b)  the Assembly's function under subsection (1) above of authorising a committee to exercise those powers.")
 
     Page 29, line 26, leave out ("Chief Administrative Officer of the Authority") and insert ("head of the Authority's paid service") 
  
After Clause 54
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
      (" .--(1) In its application by virtue of section 48 above, Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), so far as relating to any proceedings under section 51(1) above ("the evidentiary proceedings"), shall have effect with the following additional modifications.
 
    (2)  In section 100B (access to agenda and connected reports) any reference to a report for a meeting includes a reference to any document (other than the agenda) supplied before, and for the purposes of, the evidentiary proceedings (a "relevant document").
 
    (3)  If a report or relevant document is supplied less than three clear days before the evidentiary proceedings, copies of the report or document shall be open to inspection by the public under subsection (1) of that section from the time such copies are available to Assembly members, notwithstanding anything in subsection (3) of section 100B.
 
    (4)  In section 100C (inspection of minutes and other documents after meetings)--
    (a)  any reference to the minutes of a meeting shall be taken to include a reference to a transcript or other record of evidence given in the course of the evidentiary proceedings; and
    (b)  any reference to a report for the meeting includes a reference to a relevant document.
    (5)  In section 100D (inspection of background papers) any reference in subsections (1) to (4) to background papers for a report (or part of a report) shall be taken as a reference to any additional documents supplied by a witness.
 
    (6)  In this section, "additional documents supplied by a witness" means documents supplied, whether before, during or after the evidentiary proceedings,--
    (a)  by a person attending to give evidence at the proceedings, and
    (b)  for the use of Assembly members in connection with the proceedings,
but does not include any document which is a relevant document.
 
    (7)  In section 100F (additional rights of access for members) subsections (2) to (4) shall not have effect in relation to documents which contain material relating to any business to be transacted at the evidentiary proceedings.
 
    (8)  In section 100H (supplemental provisions and offences) in subsection (6), in the definition of "accessible documents"--
    (a)  the reference in paragraph (d) to a report for the meeting includes a reference to a relevant document; and
    (b)  the reference in paragraph (e) to background papers for a report for a meeting shall be taken as a reference to any additional documents supplied by a witness.")
Proceedings under section 51(1): openness.
1972 c. 70.
  
Clause 55
 
  
BY THE LORD WHITTY
 
     Page 30, line 35, leave out from ("for") to end of line 36 and insert--
    ("(a)  the Mayor;
    (b)  the Assembly members;
    (c)  members of the Authority's staff; and
    (d)  persons not falling within paragraphs (a) to (c) above who are members of advisory committees or sub-committees of the Assembly.")
 
     Page 30, line 40, leave out ("or") and insert (", any member of the Assembly,") 
     Page 30, line 40, after ("staff") insert ("or any committee or sub-committee") 
     Page 30, line 41, after second ("Mayor") insert (", member of the Assembly") 
     Page 30, line 41, after ("staff") insert (", or a member of the committee or sub-committee,") 
     Page 30, line 43, after ("member") insert (", or any other person who is a member of an advisory committee or sub-committee,") 
  
Clause 56
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 31, line 10, at end insert--
 
("or such numbers of advisers and staff as shall not exceed in aggregate the full time equivalent employees provided by paragraphs (a) and (b) respectively.")
 
  
BY THE LORD WHITTY
 
     Page 31, line 11, leave out ("having taken into account") and insert ("after consultation with the Mayor and taking into account, in particular,") 
     Page 31, line 12, leave out ("the powers conferred on the Mayor") and insert ("the manner in which, and the extent to which, the Mayor has exercised, or proposes to exercise, the powers conferred") 
     Page 31, line 15, leave out from ("for") to end of line 16 and insert ("the proper discharge of such functions of the Authority as are respectively exercisable by the Mayor, the Assembly, and the Mayor and Assembly acting jointly.") 
     Page 31, line 32, leave out from ("Section") to ("shall") in line 34 and insert ("9(1), (9) and (11) of that Act (assistants for political groups)") 
     Page 31, line 39, leave out paragraphs (c) and (d) 
 
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