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

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Clause 62
 
  
BY THE LORD WHITTY
 
265     Page 33, line 42, at end insert-- 
 
        ("(  )  The person who, by virtue of subsection (1) above, is designated under section 5(1)(a) of the Local Government and Housing Act 1989 as the Authority's monitoring officer must be a member of staff appointed under section 56(2) above.")
1989 c. 42.
266     Page 34, line 1, leave out subsection (2) and insert-- 
 
        ("(2)  In the application of section 5 of the Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect.
        (3)  The duty imposed by subsection (1)(a) (appointment of monitoring officer) shall be discharged by the Assembly after consultation with the Mayor.
        (4)  The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the monitoring officer)--
      (a)  so far as relating to the provision of staff, shall be discharged by the Assembly; and
      (b)  so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.
        (5)  For subsection (2) there shall be substituted--
        "(2)  It shall be the duty of the Greater London Authority's monitoring officer, if at any time it appears to him that any proposal, decision or omission of a GLA body or person has given rise to, or is likely to or would give rise to--
      (a)  a contravention by that or any other GLA body or person of any enactment or rule of law or of any code of practice made or approved by or under any enactment, or
1989 c. 42.
 
      (b)  any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974 (Local Commissioners),
    to prepare a report to the Mayor and the Assembly with respect to that proposal, decision or omission.
        In this subsection "GLA body or person" means--
      (a)  the Greater London Authority;
      (b)  Transport for London, when exercising any function of the Greater London Authority by virtue of section 31 of the Greater London Authority Act 1999;
      (c)  the London Development Agency, when exercising any function of the Greater London Authority by virtue of section 31 of the Greater London Authority Act 1999;
      (d)  the Mayor of London;
      (e)  the London Assembly;
      (f)  any committee or sub-committee of the London Assembly;
      (g)  any committee or sub-committee of Transport for London or the London Development Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 31 of the Greater London Authority Act 1999;
      (h)  any joint committee to which the Mayor of London has power to appoint members (whether or not the power is the subject of an authorisation under section 31(1) of the Greater London Authority Act 1999);
      (j)  the Deputy Mayor of London;
      (k)  any member of the London Assembly;
      (l)  any member of staff of the Greater London Authority;
      (m)  any member, or member of staff, of Transport for London or the London Development Agency, when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 31 of the Greater London Authority Act 1999;
    and in the above definition of "GLA body or person" any reference to a member of staff of a body includes a reference to an officer or employee of that body."
    (6)  The duties imposed on the Authority by subsection (5) (to consider any report and to ensure that during the period of suspension no step is taken for giving effect to any proposal or decision to which the report relates)--
    (a)  so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor (or, by virtue of an authorisation under section 31(1) above, by a GLA body or person), shall be discharged by the Mayor;
    (b)  so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Assembly (or, by virtue of arrangements under section 46 above, by a GLA body or person), shall be discharged by the Assembly; and
    (c)  so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor and the Assembly acting jointly, shall be discharged separately--
          (i)  by the Mayor, as if the case fell within paragraph (a) above, and
          (ii)  by the Assembly, as if the case fell within paragraph (b) above.
    (7)  Accordingly--
    (a)  in its application in relation to the Mayor by virtue of subsection (6)(a) or (c)(i) above, paragraph (a) of subsection (5) shall have effect with the substitution for the words "at a meeting held not more than" of "within"; and
    (b)  in the application of that paragraph by virtue of subsection (6)(b) or (c)(ii) above, the meeting required to be held shall be a meeting of the Assembly.
1974 c. 7.
     (8)  In paragraph (b) of subsection (5), the reference to section 115 of the Local Government and Housing Act 1989 (duties in respect of conduct involving contraventions of financial obligations) shall include a reference to section 115A of that Act (which is inserted by section 117(9) below and makes provision in relation to the Mayor and the Assembly).
 
    (9)  Where by virtue of subsection (6) above the Mayor or the Assembly is under a duty to consider a report, the Mayor or the Assembly in discharging that duty shall take account of any views on the report which have been expressed by the other of them in a statement submitted--
    (a)  by the Assembly to the Mayor; or
    (b)  by the Mayor to the Chair of the Assembly.
    (10)  Standing orders of the Authority shall make provision for or in connection with--
    (a)  the period within which any statement by virtue of subsection (9) above must be submitted;
    (b)  the consideration of any such statement by the Mayor or, as the case may be, the Assembly;
    (c)  the period within which any meeting of the Assembly required by subsection (5) by virtue of subsection (6)(b) or (c)(ii) above must, or must not, be held.
    (11)  Neither section 31 above nor section 46 above shall apply in relation to the duty imposed on the Mayor or the Assembly by virtue of subsection (6) above to consider a report.")
1989 c. 42.
  
After Clause 65
 
  
BY THE LORD WHITTY
 
267*     Insert the following new Clause-- 
      (" .--(1) The Authority may--
    (a)  promote a local Bill in Parliament for any purpose which is for the public benefit of the inhabitants of, or of any part of, Greater London; or
    (b)  oppose any local Bill in Parliament which affects any such inhabitants.
Power of Authority to promote or oppose Bills in Parliament.
     (2)  Section 70 of the Local Government Act 1972 (prohibition on promoting Bills for changing local government areas etc) shall have effect in relation to the Authority as it has effect in relation to a local authority.
 
    (3)  The functions conferred on the Authority by subsection (1) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
 
    (4)  The functions conferred on the Authority by subsection (1)(a) above are exercisable subject to, and in accordance with, the provisions of Schedule (Promotion of Bills in Parliament by the Authority) to this Act.
 
    (5)  Before exercising the functions conferred on the Authority by subsection (1)(b) above, the Mayor shall consult the Assembly.
 
    (6)  No payment shall be made by the Authority (whether acting by the Mayor, the Assembly or the Mayor and Assembly acting jointly) to the Mayor or an Assembly member for acting as counsel or agent in promoting or opposing a Bill under this section.
 
    (7)  A London borough council or the Common Council may contribute towards the expenses of the Authority in promoting a local Bill in Parliament.")
1972 c. 70.
268*     Insert the following new Clause-- 
      (" .--(1) A local Bill promoted in Parliament by a London local authority may include provisions requested by the Authority.
 
    (2)  Subsection (1) above applies only if the Authority confirms the request in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
 
    (3)  If the Authority does not confirm the request as required by subsection (2) above, it shall give notice of that fact to the London local authority promoting the Bill.
Power to request provisions in Bills promoted by London local authorities.
     (4)  Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested also by other London local authorities under section 87 of the Local Government Act 1985, of those provisions so far as relating to the Authority.
 
    (5)  The functions conferred or imposed on the Authority by subsections (1) to (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
 
    (6)  Before exercising the functions conferred on the Authority by subsection (1) or (2) above, the Mayor shall consult the Assembly.
 
    (7)  If, in accordance with this section, the Authority requests the inclusion of provisions in a Bill promoted by a London local authority, the Authority may contribute towards the expenses of the London local authority in connection with the Bill.
1985 c. 51.
     (8)  In consequence of the other provisions of this section, in section 87(3) of the Local Government Act 1985 (consequences of non-confirmation of requests by London local authorities for inclusion of provisions in Bills promoted by others) after "other councils" there shall be inserted ",  or by the Greater London Authority under section (Power to request provisions in Bills promoted by London local authorities) of the Greater London Authority Act 1999,".
 
    (9)  In this section "London local authority" means--
    (a)  a London borough council; or
    (b)  the Common Council.")
1985 c. 51.
269*     Insert the following new Clause-- 
      (" .--(1) A local Bill promoted in Parliament by a London local authority may include provisions which affect the exercise of functions by the Authority or any of the functional bodies.
 
    (2)  Subsection (1) above applies only if the Authority--
    (a)  gives its written consent; and
    (b)  confirms that consent in writing as soon as practicable after the expiration of 14 days after the Bill has been deposited in Parliament.
    (3)  If the Authority does not confirm the consent as required by subsection (2)(b) above, the Authority shall give notice of that fact to the London local authority promoting the Bill.
Authority's consent to inclusion of certain provisions in local Bills.
     (4)  Where notice under subsection (3) above is given to a London local authority, that authority shall take all necessary steps for the omission from the Bill of the provisions in question or, if those provisions were requested by other London local authorities under section 87 of the Local Government Act 1985, of those provisions so far as relating to the Authority or the functional body concerned.
 
    (5)  The functions conferred or imposed on the Authority by subsections (2) and (3) above shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
 
    (6)  Before exercising the functions conferred on the Authority by subsection (2)(a) or (b) above, the Mayor shall consult the Assembly.
 
    (7)  Nothing in this section applies in relation to provisions requested under section (Power to request provisions in Bills promoted by London local authorities) above.
 
    (8)  In this section "London local authority" means--
    (a)  a London borough council; or
    (b)  the Common Council.")
1985 c. 51.
  
Clause 67
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
THE BARONESS GARDNER OF PARKES
 
270*     Page 36, line 31, leave out ("76") and insert ("74") 
271*     Page 36, line 32, leave out ("section 47") and insert ("sections 45 to 47") 
272*     Page 36, line 34, leave out ("to 76") 
273*     Page 36, line 34, leave out ("section 47") and insert ("sections 45 to 47") 
  
After Clause 68
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
274*     Insert the following new Clause-- 
      ("  .--(1)  Chapter IVA of the Local Government Finance Act 1992 (limitation of council tax and precepts) shall cease to have effect in respect of the Greater London Authority on 1st April 2006 unless previously extended in respect of the Authority by order made by statutory instrument laid in draft before, and approved by resolution of, each House of Parliament.
 
    (2)  An order laid under subsection (1) shall not apply for a period exceeding five years.
 
    (3)  If an order laid pursuant to subsection (1) is approved, Chapter IVA of the Local Government Finance Act 1992 shall cease so to have effect on the date specified in the order subject to any subsequent order or orders approved by each House of Parliament, none of which shall extend its effect for more than five years.
 
    (4)  Notwithstanding the provisions of subsection (1) if Chapter IVA of the Local Government Finance Act 1992 has ceased to have effect it may at any time be revived in respect of the Greater London Authority by order made by statutory instrument laid in draft before, and approved by resolution of, each House of Parliament.")
Limitation of council tax and precepts.
  
Clause 69
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
THE BARONESS GARDNER OF PARKES
 
275*     Page 37, leave out lines 17 to 19 
276*     Page 37, line 22, leave out ("76") and insert ("74") 
277*     Page 37, line 23, leave out ("section 47") and insert ("sections 45 to 47") 
278*     Page 37, line 25, leave out ("to 76") 
279*     Page 37, line 25, leave out ("section 47") and insert ("sections 45 to 47") 
  
Clause 71
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
280     Page 37, line 39, at end insert--
 
    ("(  )  Schedule 5 shall have effect.")
 
281     Page 38, line 37, leave out ("requirement") and insert ("bid") 
282     Page 38, line 42, after ("requirements") insert ("or bids") 
283     Page 38, line 43, after ("requirement") insert ("or bid") 
  
Clause 72
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
284     Page 39, line 33, leave out subsection (5) 
  
Clause 73
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
285     Page 39, line 44, leave out ("procedural") 
286     Leave out Clause 73 
 
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