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

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Clause 48
 
  
BY THE LORD WHITTY
 
213     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,")
 
214     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.")
 
215     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.")
 
216     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.")
 
217     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.")
 
  
After Clause 48
 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
218     Insert the following new Clause-- 
     ("  .--(1)  Subject to the following provision of this section, the Authority shall make available for inspection on the request of any person, any document within its possession.
 
    (2)  Nothing in this section requires the Authority to make available--
    (a)  any document which discloses exempt information (as defined in Schedule 12A to the Local Government Act 1972);
    (b)  any document which discloses information within the meaning of section 100A(3) of the Local Government Act 1972.")
Disclosure of information.
  
Clause 49
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
219     Page 27, line 15, after ("exercisable") insert ("and any other functions exercised") 
  
Clause 50
 
  
BY THE LORD WHITTY
 
220     Page 27, line 25, leave out ("resolves by a majority of Assembly members present and voting") and insert ("decides") 
  
Clause 51
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
221     Page 27, line 32, leave out (", (3), (4)") 
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
 
222     Page 27, line 37, at end insert--
    ("(  )  any person who has in the previous three years served as Mayor;")
 
223     Page 27, line 41, after ("is") insert (", or who has in the previous three years served as,") 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
224     Page 28, line 1, leave out subsections (3) and (4) 
225     Page 29, line 4, leave out subsection (10) 
  
BY THE LORD WHITTY
 
226     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.
227     Page 29, line 9, leave out (", 53 and 54") and insert ("to (Proceedings under section 51(1): openness)") 
228     Page 29, line 9, at end insert--
    ("(  )  advice" includes--
          (i)  an expression of opinion; and
          (ii)  an analysis of information")
 
229     Page 29, line 16, at end insert ("and
    (c)  any reference to proceedings is a reference to proceedings at a meeting.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
230     Page 29, line 16, at end insert--
 
    ("(  )  The Assembly shall not refuse a request by the Mayor that it invites to attend its proceedings the Secretary of State or any person who has, within the previous 5 years, been the Secretary of State for the purpose of explaining any guidance or direction or draft guidance or direction given or proposed to be given by him under this Act.")
 
  
Clause 52
 
  
BY THE LORD WHITTY
 
231     Page 29, line 19, leave out from beginning to ("is") in line 21 and insert ("an ordinary committee of the Assembly, if the committee") 
232     Page 29, line 22, leave out ("a simple majority of those present and voting at a meeting of the whole") and insert ("the") 
233     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.")
 
234     Page 29, line 26, leave out ("Chief Administrative Officer of the Authority") and insert ("head of the Authority's paid service") 
  
Clause 53
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
235     Page 30, line 8, after ("may") insert (", subject to section 54(3),") 
  
After Clause 54
 
  
BY THE LORD WHITTY
 
236     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
 
237     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.")
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
238     Page 30, line 38, at beginning insert ("disposal,") 
  
BY THE LORD WHITTY
 
239     Page 30, line 40, leave out ("or") and insert (", any member of the Assembly,") 
240     Page 30, line 40, after ("staff") insert ("or any committee or sub-committee") 
241     Page 30, line 41, after second ("Mayor") insert (", member of the Assembly") 
242     Page 30, line 41, after ("staff") insert (", or a member of the committee or sub-committee,") 
243     Page 30, line 43, after ("member") insert (", or any other person who is a member of an advisory committee or sub-committee,") 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
244     Page 31, line 3, at end insert ("which in the case of the Mayor shall be as close as possible to the code of conduct to be observed by Ministers of the Crown") 
  
Clause 56
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
245     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
 
246     Page 31, line 11, leave out ("having taken into account") and insert ("after consultation with the Mayor and taking into account, in particular,") 
247     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") 
248     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.") 
249     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)") 
250     Page 31, line 39, leave out paragraphs (c) and (d) 
  
Clause 57
 
  
BY THE LORD WHITTY
 
251     Page 32, line 14, at end insert--
    ("(bb)  the London Development Agency;")
 
252     Page 32, line 15, leave out paragraphs (c) and (d) 
253     Page 32, line 19, leave out ("a") and insert ("an unpaid") 
254     Page 32, line 20, leave out ("without any additional remuneration") 
255     Page 32, line 21, at end insert--
 
    ("(  )  For the purposes of subsection (3) above, the unpaid members of any body are those members of the body who do not receive any remuneration (whether from the body, the Authority or any other source) which they would not receive if they were not members of the body.")
 
256     Page 32, line 24, at end insert--
 
    ("(  )  In section 2 of that Act, so far as it has effect for the purposes of section 1 of that Act, the expression "the statutory chief officers" shall be taken to include a reference to the chief finance officer, within the meaning of section 113 below,--
    (a)  of Transport for London, and
    (b)  of the London Development Agency,
whether he is an officer, employee, member of staff or member of Transport for London or, as the case may be, the London Development Agency.")
 
257     Page 32, line 24, at end insert-- 
     ("(  )  In the application of section 2 of that Act in relation to the London Development Agency by virtue of subsections (1) and (2)(bb) above, any reference to the person designated under section 4 of that Act as its head of paid service shall be taken as a reference to the chief executive of the London Development Agency appointed under paragraph 4(2) of Schedule 2 to the Regional Development Agencies Act 1998.")1998 c. 45.
  
Clause 59
 
  
BY THE LORD WHITTY
 
258     Page 32, line 42, after ("conditions") insert ("(including conditions as to remuneration)") 
259     Page 33, line 13, at end insert--
 
    ("(  )  The requirement of subsection (5)(b) above is that the person 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 first asked at the meeting.")
 
260     Page 33, line 18, at end insert--
 
    ("(  )  In this section "working day" has the same meaning as in section 37 above.")
 
 
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Prepared 13 October 1999