Greater London Authority Bill -
Amendments to be debated in the House of Lords
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Schedule 22
 
  
BY THE LORD WHITTY
 
536P     Page 310, line 2, at end insert-- 
 ("The Metropolitan Police Act 1887 
 
        . The Metropolitan Police Act 1887 shall cease to have effect.")
1887 c. 45.
536Q     Page 310, line 6, leave out paragraph 8 and insert-- 
 
        ("8. The Metropolitan Police Courts Act 1897 shall cease to have effect.")
1897 c. 26.
536R     Page 311, line 5, leave out paragraph 15 and insert-- 
 
        ("15.--(1) The Metropolitan Magistrates' Courts Act 1959 shall be amended as follows.
        (2)  In section 4(2) (borrowing powers of Receiver), the words ", or of the metropolitan police force," shall cease to have effect.")
1959 c. 45.
536RA*     Page 311, line 29, leave out sub-paragraphs (2) to (4) and insert--
        ("(  )  In subsection (1)(a) (definition of "member of the metropolitan civil staffs")--
      (a)  before sub-paragraph (i) there shall be inserted--
            "(ia)  who is employed by the Metropolitan Police Authority; or"; and
    (b)  for that sub-paragraph there shall be substituted--
            "(i)  who was employed under the Commissioner of Police for the Metropolis or the Receiver for the Metropolitan Police District and was not a constable and whose salary was paid out of the Metropolitan Police Fund;".
    (  )  In subsection (2) (power of Secretary of State to grant certain pensions payable by the Receiver out of the Metropolitan Police Fund) for the words from the beginning to "in respect of members of the metropolitan civil staffs" in paragraph (b) there shall be substituted--
        "(2)  As from the day on which section 269 of the Greater London Authority Act 1999 comes into force, the Metropolitan Police Authority shall have power to grant pensions or other benefits to or in respect of persons who on that day are, or thereafter become, members of the metropolitan civil staffs.
        (2A)  The Metropolitan Police Authority may, to such extent and subject to such conditions as it thinks fit, authorise the exercise of the function of administering the grant of pensions and other benefits under this section by, or by employees of, any person.
        (2B)  Where a person is authorised under subsection (2A) above to exercise the function of administering the grant of pensions and other benefits under this section, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.
        (2C)  Subsection (2B) above does not apply for the purposes of--
      (a)  any criminal proceedings against the authorised person (or any employee of his); or
      (b)  any contract between him and the person who authorised him, so far as relating to the function.
 
 
        (2D)  Unless the powers conferred by section 7 of the Superannuation Act 1972, paragraph 36 of Schedule 14 to the Access to Justice Act 1999 or Part XII of the Greater London Authority Act 1999 are exercised for the purpose of making provision with respect to the provision of pensions for or in respect of members of the metropolitan civil staffs, the civil service provisions shall have effect (subject to any regulations for the time being in force under subsection (3) of this section) for the purposes of the grant of pensions and other benefits under this section to or in respect of such a member".
    (  )  In subsection (3)(b) (power by regulations to adapt civil service provisions) for "(2)(b)" there shall be substituted "(2D)".
 
    (  )  In subsection (6) (requirement to consult before making regulations) after "staffs" there shall be inserted "and with the Metropolitan Police Authority".
 
    (  )  In subsection (7) (continuation of payment of pre-existing pension entitlements by Receiver), for the words from "continue" to the end there shall be substituted "be paid by the Metropolitan Police Authority".")
1972 c. 11.
1999 c. 22.
536S     Page 311, line 45, at end insert-- 
 ("The Firearms Act 1968 
     . In section 57(4) of the Firearms Act 1968 (interpretation) in the definition of "civilian officer", paragraph (b) and the word "or" immediately preceding it shall cease to have effect.")1968 c. 27.
536T     Page 313, line 40, at end insert-- 
 ("The Employment Agencies Act 1973 
     . In section 13(7) of the Employment Agencies Act 1973 (cases in which the Act is not to apply) after paragraph (f) there shall be inserted--
      "(fa)  the exercise by the Metropolitan Police Authority of any of its functions;".")
1973 c. 35.
536U     Page 314, line 6, leave out ("entry") and insert ("entries") 
536V     Page 314, line 6, at end insert ("following offices--
    (a)  Commissioner or Assistant Commissioner of Police of the Metropolis,
    (b)  officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and
    (c)")  
 
536W     Page 314, line 11, leave out ("entry") and insert ("entries") 
536X     Page 314, line 11, at end insert ("following offices--
    (a)  Commissioner or Assistant Commissioner of Police of the Metropolis,
    (b)  officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District, and
    (c)")  
 
536XA     Page 315, line 6, leave out from beginning to ("(enforceability") in line 7 and insert (".--(1) The Local Government (Miscellaneous Provisions) Act 1982 shall be amended as follows.
 
    (2)  In section 33")
1982 c. 30.
536XB     Page 315, line 9, at end insert--
 
    ("(3)  In section 41 (lost and uncollected property) in subsection (13) in the definition of "local authority", after paragraph (ca) there shall be inserted--
      "(caa)  the Metropolitan Police Authority; and".")
 
536XC     Page 315, line 12, leave out sub-paragraph (2) and insert--
 
    ("(2)  In section 26 (exercise of police functions at designated airports), subsection (4) (which makes provision for the application of the section in the case of the metropolitan police district) shall cease to have effect.
 
    (3)  In section 29(2) (entitlement of traffic wardens to exercise functions at designated airports) in paragraph (a) the words from "(or," to "metropolis)" shall cease to have effect.
 
    (4)  In section 30(3) (transfers of officers and staff) in paragraph (c) the words from "or, if that area is the metropolitan" onwards shall cease to have effect.
 
    (5)  In section 31(1) (interpretation) the definition of "members of the metropolitan civil staffs" shall cease to have effect.")
 
536XD     Page 315, line 22, leave out paragraph 45 and insert-- 
     ("45.--(1) Section 97 of the Road Traffic Regulation Act 1984 (supplementary provisions as to traffic wardens) shall be amended as follows.
 
    (2)  In subsection (1) (application of regulations) the words "employed outside the metropolitan police district" shall cease to have effect.
 
    (3)  Subsection (4) (wardens in the metropolitan police district) shall cease to have effect.")
1984 c. 27.
536XE     Page 317, line 14, at end insert-- 
 ("Monitoring officers 
     . In section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) in subsection (1) (duty to designate officer as monitoring officer) after "Police Act 1996" there shall be inserted "or the Metropolitan Police Authority".")1989 c. 42.
536XF     Page 317, line 19, at end insert-- 
 ("Financial provisions 
     . In section 157 of the Local Government and Housing Act 1989 (commutation of payments to local authorities) in subsection (6) (meaning of "local authority") for paragraph (f) there shall be substituted--
      "(f)  the Metropolitan Police Authority;".")
1989 c. 42.
536XG     Page 317, line 30, at end insert ("; and
    (b)  at the end there shall be inserted "or the Metropolitan Police Authority".")
 
  
BY THE BARONESS HAMWEE
THE LORD CLEMENT-JONES
THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
537     Page 324, line 41, leave out (""subsection") and insert (""subsections (4) to") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
537A     Page 324, line 44, at end insert--
 
    ("(  )  Subsection (3) (which makes provision for the Secretary of State to issue guidance to the Commissioner of Police for the Metropolis) shall cease to have effect.
 
    (  )  In subsection (4), paragraphs (b) and (c) shall cease to have effect.
 
    (  )  In subsection (5), paragraphs (b) and (c) shall cease to have effect.")
 
537B     Page 324, line 45, leave out sub-paragraph (3) 
  
BY THE BARONESS HAMWEE
THE LORD CLEMENT-JONES
 
538     Page 324, line 45, leave out sub-paragraph (3) and insert--
 
    ("(3)  Subsection (3) (which makes provision for the Secretary of State to issue guidance to the Commissioner of the Metropolis) shall cease to have effect".)
 
  
BY THE LORD WHITTY
 
538A     Page 325, line 10, after ("(1)") insert (", or
      (b)  if no agreement is in force under that subsection in relation to the function or functions in question, to a standard which the Secretary of State considers to be satisfactory,")
 
538B     Page 325, line 21, at end insert-- 
  ("National and international functions: application of requirements relating to reports etc.     96B.--(1) In its application to the Metropolitan Police Authority, section 6(1) shall have effect as if the reference in subsection (1) to securing the maintenance of an efficient and effective police force for the metropolitan police district included a reference to securing that that force discharges its national or international functions efficiently and effectively.
 
    (2)  In its application to the Metropolitan Police Authority, section 7(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.
 
    (3)  In its application to the Metropolitan Police Authority, section 8 shall have effect as if--
    (a)  the reference in subsection (1) to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions, and
    (b)  the reference in subsection (2)(c) to any performance targets established by the Authority excluded any standards of performance established by it in pursuance of an agreement under subsection (1) of section 96A or a direction under subsection (2) of that section.
    (4)  In its application to the Metropolitan Police Authority, section 9(1) shall have effect as if the reference to the policing of the metropolitan police district included a reference to the discharge by the metropolitan police force of its national or international functions.
 
    (5)  In their application to the metropolitan police force, sections 22 and 44 shall have effect as if references to policing the metropolitan police district included references to the discharge by the metropolitan police force of its national or international functions.
 
    (6)  Section 81(1) and (3) of the Greater London Authority Act 1999 (minimum budget for Metropolitan Police Authority) shall have effect as if the references to restoring or maintaining an efficient and effective police force for the metropolitan police district included references to securing that that force discharges its national or international functions efficiently and effectively.
 
    (7)  Subsection (4) of section 96A shall apply for the purposes of this section as it applies for the purposes of that section.")
 
538C     Page 326, line 3, leave out ("7,") 
538D     Page 326, line 7, at end insert--
 
    ("(  )  In paragraph 3(1) (term of appointment of member of panel), after "panel" there shall be inserted "for a police area listed in Schedule 1".
 
    (  )  After paragraph 3(1) there shall be inserted--
    "(1A) A person shall be appointed to hold office as a member of a selection panel for the police area constituted by the metropolitan police district for a term of two years."")
 
538E     Page 326, line 18, leave out ("7,") 
538F     Page 326, line 29, at end insert ("shall cease to have effect") 
538G     Page 327, line 23, at end insert--
 
    (".--(1) Schedule 1 to the Police Act 1997 (appointment of members of the NCS and NCIS Service Authorities) shall be amended as follows.
 
    (2)  In paragraph 4 (appointment of core members by local authority members of police authorities)--
    (a)  at the beginning there shall be inserted "(1)", and
    (b)  for "Three" there shall be substituted "Four".
    (3)  After the sub-paragraph formed by sub-paragraph (2)(a) above there shall be inserted--
        "(2)  Those local authority members shall exercise their powers under sub-paragraph (1) so as to ensure that one of the members appointed by them is a local authority member of the Metropolitan Police Authority."
    (4)  The following provisions--
    (a)  paragraph 5 (appointment by Secretary of State in his capacity as police authority for metropolitan police district),
    (b)  paragraph 8(4) (Secretary of State prohibited from appointing additional member of NCIS Service Authority to represent him in that capacity), and
    (c)  paragraph 10(4) (corresponding prohibition in respect of appointment of additional member of NCS Service Authority)
shall cease to have effect.
 
    (5)  In paragraph 14(a) (meaning of "local authority members of police authorities") for "to the Police Act 1996 (local authority members)" there shall be substituted "or paragraph 2 of Schedule 2A to the Police Act 1996 (local authority members and London Assembly members of the Metropolitan Police Authority)".
 
    (6)  In paragraph 16 (which makes provision for the application of Schedule in the case of the Commissioner and Assistant Commissioners of Police of the Metropolis and the Commissioner of Police for the City of London) for the words from "the Commissioner and" onwards there shall be substituted "the Commissioner of Police for the City of London shall be treated as if he were a member of the City of London police force."")
 
538H     Page 327, line 25, at end insert--
 
    ("(  )  In paragraph 1(6) (meaning of "police authority members") paragraph (b) and the word "or" preceding it shall cease to have effect.")
 
538J     Page 327, line 34, at end insert--
 
    ("(  )  In paragraph 1(6) (meaning of "police authority members") paragraph (b) and the word "or" preceding it shall cease to have effect.")
 
  
After Clause 286
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
538K     Insert the following new Clause-- 
      ("  .  The Mayor and the Assembly shall, by 2030, reconstitute the pension scheme of the London Fire Brigade moving it from the present unfunded scheme to a fully funded pension scheme.")London Fire Brigade pension scheme.
  
Schedule 23
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
538L     Page 328, line 6, leave out ("appointed by the Mayor") and insert ("elected by the Assembly") 
538M     Page 328, line 10, leave out sub-paragraph (2) 
538N     Page 328, line 10, leave out ("Mayor shall exercise his power to appoint") and insert ("Assembly shall exercise its power to elect") 
538P     Page 328, line 35, leave out from ("The") to ("except") and insert ("Assembly may renew the election of an Assembly representative") 
538Q     Page 328, line 35, leave out ("he") and insert ("it") 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
538R     Page 328, line 47, at end insert ("unless removed under sub-paragraph (3) above as unfit") 
  
BY THE LORD WHITTY
 
539     Page 329, line 15, at end insert-- 
 ("Allowances not to be paid to members who are also Assembly members 
     .--(1) The allowances specified in sub-paragraph (2) below shall not be paid to members of the Fire etc Authority who are also members of the Assembly.
 
    (2)  The allowances are--
 
 
    (a)  allowances under section 175 of the Local Government Act 1972 (allowances for attending conferences and meetings) other than an allowance for travelling and subsistence; and
1972 c. 70.
 
    (b)  allowances under section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances).")
1989 c. 42.
 
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Prepared 22 October 1999