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

back to previous amendments
 
  
Before Schedule 8
 
  
BY THE LORD WHITTY
 
360     Insert the following new Schedule-- 
 ("AMENDMENTS TO LOCAL GOVERNMENT FINANCE ACT 1992 
 Introduction 
     1.  Chapter IVA of Part I of the Local Government Finance Act 1992 (which relates to limitation of council tax and precepts and which was inserted by Schedule 1 to the Local Government Act 1999) shall be amended as follows.1992 c. 14.
1999 c. 00.
 Challenge of maximum amount after designation for year under consideration 
     2.--(1) Section 52F shall be amended as follows.
 
    (2)  In subsection (6)(a) for "70 and 71" there shall be substituted " 71 and 72".
 
    (3)  In subsection (6)(b) for "80" there shall be substituted " 81".
 
 Duty of designated precepting authority 
     3.--(1) Section 52J shall be amended as follows.
 
    (2)  In subsection (1)(a) for "70, 71 and 73 to 75 of and Schedule 6" there shall be substituted " 71, 72 and 74 to 76 of and Schedule 6".
 
    (3)  In subsection (3)--
    (a)  in paragraph (a) for "73(2)" there shall be substituted " 74(2)", and
    (b)  in paragraph (b) for "74(3)" there shall be substituted " 75(3)".
    (4)  In subsection (6)--
    (a)  for "73(2)" (in both places where it occurs) there shall be substituted " 74(2)",
    (b)  for "74(3)" there shall be substituted " 75(3)", and
    (c)  for "74(4)" there shall be substituted " 75(4)".
    (5)  In subsection (8)--
    (a)  in paragraph (a) for "73(2)" there shall be substituted " 74(2)", and
    (b)  in paragraph (b) for "74(4)" there shall be substituted " 75(4)".
    (6)  In subsection (9)--
    (a)  for "73 and 74" there shall be substituted " 74 and 75", and
    (b)  for "74(2)" there shall be substituted " 75(2)".
    (7)  In subsection (10)(b)--
    (a)  for "73(3)(b)" there shall be substituted " 74(3)(b)", and
    (b)  for "74(5)(b)" there shall be substituted " 75(5)(b)".
 
 Challenge of maximum amount after designation under section 52M or 52P 
     4.--(1) Section 52Q shall be amended as follows.
 
    (2)  In subsection (5)(a) for "70 and 71" there shall be substituted " 71 and 72".
 
    (3)  In subsection (5)(b) for "80" there shall be substituted " 81".
 
 Duty of designated precepting authority 
     5.--(1) Section 52U shall be amended as follows.
 
    (2)  In subsections (2)(a) and (3)(a) for "70 to 75" there shall be substituted " 71 to 76".
 
    (3)  In subsection (3)(b) for "70, 71 and 73 to 75 of and Schedule 6" there shall be substituted " 71, 72 and 74 to 76 of and Schedule 6".
 
    (4)  In subsection (6)--
    (a)  in paragraph (a) for "73(2)" there shall be substituted " 74(2)", and
    (b)  in paragraph (b) for "74(3)" there shall be substituted " 75(3)".
    (5)  In subsection (9)--
    (a)  for "73(2)" (in both places where it occurs) there shall be substituted " 74(2)",
    (b)  for "74(3)" there shall be substituted " 75(3)", and
    (c)  for "74(4)" there shall be substituted " 75(4)".
    (6)  In subsection (11)--
    (a)  for "73(2)" there shall be substituted " 74(2)", and
    (b)  for "74(4)" there shall be substituted " 75(4)".
    (7)  In subsection (12)--
    (a)  for "73 and 74" there shall be substituted " 74 and 75", and
    (b)  for "74(2)" there shall be substituted " 75(2)".
    (8)  In subsection (13)(b)--
    (a)  for "73(3)(b)" there shall be substituted " 74(3)(b)", and
    (b)  for "74(5)(b)" there shall be substituted " 75(5)(b)".
 
 Meaning of budget requirement 
     6. In section 52W(2) for "70(8)" there shall be substituted " 71(8)".") 
  
Schedule 8
 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
 
361*     Page 231, line 21, at end insert--
 
    ("(  )  The Mayor shall not be a member of Transport for London.")
 
362     Page 231, line 22, leave out sub-paragraph (2) 
  
BY THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH
 
363     Page 231, line 36, at end insert--
 
    ("(3A)  The Mayor shall appoint as members of Transport for London--
    (a)  a person who has personal experience of being a disabled person, and
    (b)  a person who is an older person.")
 
  
BY THE LORD WHITTY
 
364     Page 232, line 2, after ("London") insert ("(including conditions as to remuneration)") 
  
 
365     [Withdrawn] 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
 
366     Page 232, line 10, leave out sub-paragraph (2) 
  
BY THE LORD WHITTY
 
366A     Page 232, line 40, at end insert-- 
 
    ("(ba)  any wholly owned subsidiary (within the meaning of section 736(2) of the Companies Act 1985) of Transport for London,")
1985 c. 6.
366B     Page 233, line 29, at end insert-- 
 ("Joint committees with local authorities 
     8A.--(1)  Transport for London shall be treated as a local authority for the purposes of the following provisions of the Local Government Act 1972 (arrangements for discharge of functions of a local authority by joint committees with other local authorities)--
    (a)  section 101(5),
    (b)  section 102 apart from subsection (1)(a) and subsection (4) to the extent that it would permit Transport for London to appoint a committee which is not a joint committee, and
    (c)  section 103.
1972 c. 70.
     (2)  Nothing in section 13 of the Local Government and Housing Act 1989 shall require a person to be treated as a non-voting member of a committee appointed by Transport for London and one or more other local authorities by virtue of section 101(5) of the Local Government Act 1972 if that person is--
    (a)  appointed to the committee by Transport for London, and
    (b)  is not a member of Transport for London.")
1989 c. 42.
1972 c. 70.
367     Page 234, line 17, leave out from ("any") to end of line 26 and insert ("matter that is brought up for consideration at a meeting of Transport for London he shall disclose the nature of the interest to the meeting; and, where such a disclosure is made--
    (a)  the disclosure shall be recorded in the minutes of the meeting; and
    (b)  the member shall not take any part in any deliberation or decision of Transport for London, or any of its committees or sub-committees, with respect to that matter.
    (2)  A member need not attend in person at a meeting of Transport for London in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.
 
         14(2A)  The Mayor may, subject to such conditions as he considers appropriate, remove any disability imposed by virtue of this paragraph in any case where the number of members of Transport for London disabled by virtue of this paragraph at any one time would be so great a proportion of the whole as to impede the transaction of business.  
         19



23
(2B)  The power of the Mayor under sub-paragraph (2A) above includes power to remove, either indefinitely or for any period, a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Mayor. 
         24(2C)  Where the Mayor exercises the power under sub-paragraph (2A) above to remove a disability-- 
 
    (a)  he shall notify Transport for London that he has done so, and of his reasons for doing so, and
 
         28(b)  the removal of the disability and the Mayor's reasons shall be recorded in the minutes of Transport for London.") 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
[Amendments 367A to 367E are amendments to Amendment 367]
 
367A     Line 14, leave out ("Mayor") and insert ("Chair") 
367B     Line 19, leave out ("Mayor") and insert ("Chair") 
367C     Line 23, leave out ("Mayor") and insert ("Chair") 
367D     Line 24, leave out ("Mayor") and insert ("Chair") 
367E     Line 28, leave out ("Mayor's") and insert ("Chair's") 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
368     Page 234, line 22, leave out ("not") 
369     Page 234, leave out line 26 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
370     Page 234, line 26, leave out ("Mayor") and insert ("Chairman") 
  
BY THE LORD WHITTY
 
371     Page 234, line 38, leave out sub-paragraph (6) 
  
Clause 141
 
  
BY THE LORD WHITTY
 
372     Page 78, line 2, leave out ("(3)(a)") and insert ("(3)") 
373     Page 78, line 22, leave out ("(3)(a)") and insert ("(3)") 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
374     Page 78, line 26, at end insert--
 
    ("(  )  Notwithstanding any other provision of this Act, Transport for London may not acquire any interest in a company whose shares are quoted on a recognised stock exchange (within the meaning of section 841 of the Income and Corporation Taxes Act 1988) or traded on any public market (any such company being in this subsection a "quoted company").
 
    (  )  Where Transport for London acquires an interest in a company which subsequently becomes a quoted company then it shall be permitted such period of time as is reasonable in all the circumstances (being a period not exceeding 2 years beginning on the day when such company first becomes a quoted company) to dispose of such holding for the best price as may be obtainable, and during such period such company shall not be regarded for the purposes of this Part as a company in which Transport for London holds an interest.")
 
  
After Clause 141
 
  
BY THE LORD WHITTY
 
375     Insert the following new Clause-- 
     ("   .--(1) The Secretary of State may by order made with the consent of the Treasury provide that Transport for London shall not carry on such activities as are specified in the order except through a company which is limited by shares and registered under the Companies Act 1985 and which is--
    (a)  a subsidiary of Transport for London; or
    (b)  a company which Transport for London formed, or joined with others in forming, by virtue of section 141(1) above and which does not fall within paragraph (a) above.
    (2)  The specification of an activity in an order under subsection (1) above shall not--
    (a)  prevent Transport for London from entering into or carrying out under section 141(2) or (3) above an agreement with a person for the carrying on of that activity by that person; or
    (b)  affect the validity of such an agreement.
    (3)  If it appears to the Secretary of State that Transport for London is carrying out, or proposes to carry out, otherwise than in compliance with an order under subsection (1) above any activities specified in such an order--
    (a)  the Secretary of State may give a direction to Transport for London requiring it to comply with the order within such period as may be specified for the purpose in the order; and
    (b)  Transport for London shall be under a duty to comply with such a direction.
    (4)  If Transport for London does not comply with a direction under subsection (3) above in the case of an activity to which the direction relates, Transport for London shall be treated in respect of the carrying out of that activity as not being a local authority for the purposes of--
Restriction on exercise of certain powers except through a limited company.
1985 c. 6.
 
    (a)  section 519 of the Income and Corporation Taxes Act 1988 (exemption of local authorities from income tax and corporation tax); and
1988 c. 1.
 
    (b)  section 271 of the Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax).")
1992 c. 12.
 
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