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

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Clause 253
 
  
BY THE LORD WHITTY
 
     Page 152, line 3, at beginning insert ("Subject to subsection (2) below,") 
  
BY THE LORD GREENWAY
THE LORD LUKE
 
     Page 152, line 5, at end insert ("and, in the exercise of this power shall ensure that--
    (a)  the needs of tourists are taken into account; and
    (b)  adequate access to any such amenities or facilities is provided for vessels used wholly or mainly for carrying tourists")
 
  
BY THE LORD WHITTY
 
     Page 152, line 5, at end insert--
 
    ("(2)  Before commencing any works for the purposes of exercising the powers under subsection (1) above, Transport for London shall--
    (a)  comply with any requirement in an enactment to obtain a licence or consent in respect of the works, or
    (b)  if there is no such requirement, obtain the consent to the works of any person who is under a duty to maintain the waterway to which they relate.")
 
  
Clause 255
 
  
BY THE LORD GREENWAY
THE LORD LUKE
 
     Page 153, line 5, at end insert--
 
    ("(  )  Any agreement transferred in accordance with this section shall be interpreted and applied by the transferee in a manner which is consistent with any relevant policy statement issued by the transferor prior to that transfer.")
 
  
Clause 267
 
  
BY THE LORD JENKIN OF RODING
 
     Page 162, line 16, after second ("roads") insert ("or part or parts thereof") 
     Page 162, line 18, after second ("road") insert ("or part of a road") 
     Page 162, line 22, leave out from ("road") to end of line 23 
     Page 162, line 32, at end insert--
 
    ("(  )  The Secretary of State may not designate as a GLA side road any road or proposed road or any part or parts thereof situated at a distance greater than 20 metres from any part of the junction of that road or proposed road with a GLA road, without the consent in writing of the Highway Authority.")
 
  
Clause 365
 
  
BY THE LORD WHITTY
 
     Page 220, line 28, leave out subsection (4) and insert--
 
    ("(4)  Noise falls within this subsection if it is--
 
 
    (a)  noise emitted from works falling within section 60(1) of the Control of Pollution Act 1974 (construction works etc. which may be controlled by a local authority);
1974 c. 40.
 
    (b)  noise caused by the operation of a loud-speaker in a street, whether or not the operation would be a contravention of section 62(1) of the Control of Pollution Act 1974 (loud-speaker not to be operated in the street during certain hours);
1974 c. 40.
 
    (c)  noise at work which, under or by virtue of the Health and Safety at Work Act 1974, it is the duty of an employer to control; or
    (d)  noise emitted from premises or emitted from or caused by a vehicle, machinery or equipment in a street, except noise caused by aircraft other than model aircraft or noise made by traffic;
but noise does not fall within this subsection if it is noise from a fixed industrial source.
1974 c. 37.
     (4A)  Expressions used in paragraph (d) of subsection (4) above and in section 79 of the Environmental Protection Act 1990 have the same meaning in that paragraph as they have in that section.")1990 c. 43.
  
Clause 372
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 223, line 15, leave out ("financial") 
     Page 223, line 21, leave out second ("the") 
  
Clause 373
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
 
     Page 224, line 17, leave out ("financial") 
     Page 224, line 23, leave out second ("the") 
  
After Clause 374
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     ("  .--(1)  Any function exercisable on behalf of the Authority by the Mayor under or by virtue of this Part shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
 
    (2)  Those bodies and persons are--
    (a)  the Deputy Mayor;
    (b)  any member of staff of the Authority;
    (c)  the Cultural Strategy Group for London;
    (d)  the London Development Agency;
    (e)  the Common Council;
    (f)  any local authority.
    (3)  In the case of the Common Council or a local authority, an authorisation under this section--
    (a)  may only be granted or varied with its written consent; and
    (b)  shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
    (4)  Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
 
    (5)  Subsection (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by--
    (a)  a committee or sub-committee, or a member, officer or employee, of the body or person, or
    (b)  a joint committee on which the person or body is represented,
except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
 
    (6)  Subsection (1) above does not apply--
    (a)  in relation to functions under this section; or
    (b)  in relation to any function of making byelaws under section 379(1) below.
    (7)  An authorisation under subsection (1) above which relates to--
    (a)  any function under section 371 above; or
    (b)  the exercise of any function under or by virtue of section 377(1) or 378(3) below to the extent that it involves a determination as to whether to permit a public demonstration to take place in Trafalgar Square or Parliament Square Garden;
may only be given to the Deputy Mayor or a member of staff of the Authority.
 
    (8)  An authorisation under subsection (1) above which relates to any function of enforcing any byelaws made under section 379(1) below may only be given--
    (a)  to the Deputy Mayor,
    (b)  to any member of staff of the Authority,
    (c)  to the Common Council,
    (d)  to any local authority.
    (9)  Each of the following bodies, namely--
    (a)  the Cultural Strategy Group for London,
    (b)  the London Development Agency,
    (c)  the Common Council,
    (d)  any local authority,
shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
Delegation of Authority's functions.
     (10)  Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor--
    (a)  to a local authority,
    (b)  to the Cultural Strategy Group for London, or
    (c)  to the London Development Agency,
as they apply to arrangements under that section between one local authority and another.
 
    (11)  An authorisation under this section may be varied or revoked at any time by the Mayor.
 
    (12)  Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
 
    (13)  In this section--
1972 c. 70.
 
    Trafalgar Square" has the same meaning as in the Trafalgar Square Act 1844;
    Parliament Square Garden" means the central garden of Parliament Square, within the meaning of section 378 below.")
1844 c. 60.
  
Clause 379
 
  
BY THE LORD WHITTY
 
     Page 226, line 28, at end insert--
 
    ("(1A)  Byelaws under this section may designate specified provisions of the byelaws as trading byelaws.")
 
     Page 226, line 29, leave out ("byelaws") and insert ("byelaw") 
     Page 226, line 30, after ("conviction") insert--
    ("(a)  if the byelaw is a trading byelaw, to a fine not exceeding level 3 on the standard scale, or
    (b)  in any other case,")
 
     Page 226, line 31, at end insert--
 
    ("(  )  The provision that may be made in byelaws under this section includes provision for or in connection with--
    (a)  the licensing of any trading; and
    (b)  the seizure, retention or disposal of any property in connection with any contravention of or failure to comply with a trading byelaw.")
 
  
After Clause 379
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     (".--(1)  The Secretary of State may issue guidance to the Mayor concerning the exercise of any function under or by virtue of section 377(1), 378(3) or (4) or 379(1) above by him or any body or person authorised to exercise the function under section (Delegation of Authority's functions) above.
 
    (2)  In deciding whether or how to exercise that function, the Mayor, or body or person, shall have regard to any guidance issued under subsection (1) above.")
Guidance.
  
Clause 382
 
  
BY THE LORD WHITTY
 
     Page 228, line 15, at end insert--
 
    ("(5)  A determination under subsection (4) above shall be without prejudice to--
    (a)  paragraph 2(6) of Schedule 10 to this Act, in the case of Transport for London;
    (b)  paragraph 2 of Schedule 18 to this Act, in the case of the London Transport Users' Committee; or
 
 
    (c)  paragraph 3 of Schedule 2 to the Regional Development Agencies Act 1998, in the case of the London Development Agency.")
1998 c. 45.
     Page 228, line 15, at end insert-- 
     ("(6)  In consequence of the inclusion, by virtue of subsection (2) above, of an entry relating to the London Development Agency in Schedule 1 to the Superannuation Act 1972, in the entry in that Schedule relating to a development agency established under section 1 of the Regional Development Agencies Act 1998, there shall be added at the end "(other than the London Development Agency (for which there is a separate entry))".")1972 c. 11.
1998 c. 45.
  
Clause 384
 
  
BY THE BARONESS HAMWEE
THE LORD DHOLAKIA
 
     Leave out Clause 384 and insert the following new Clause-- 
     ("  .  It shall be the duty of--
    (a)  the Greater London Authority,
    (b)  the Metropolitan Police Authority, and
    (c)  the London Fire and Emergency Planning Authority, to exercise their various functions with due regard to the need--
          (i)  to promote and secure equality of opportunity for all persons irrespective of their race, sex, disability, age, sexual orientation, or religion;
          (ii)  to eliminate all forms of unlawful discrimination; and
          (iii)  to promote good relations between persons of different racial groups, religious beliefs and sexual orientation.")
Discrimination.
  
After Clause 398
 
  
BY THE LORD WHITTY
 
     Insert the following new Clause-- 
     ("  .--(1)  Any functions under or by virtue of this Act which will become exercisable by a person or body other than the Secretary of State may, before they become so exercisable, be exercised by the Secretary of State for the purpose of appointing such persons as he considers necessary to secure that any provision made by or under this Act operates satisfactorily when it comes into force.
 
    (2)  The Secretary of State may defray any costs which are incurred in the exercise of the functions mentioned in subsection (1) above.
 
    (3)  In exercising the functions mentioned in subsection (1) above, the Secretary of State may appoint a person on such terms and conditions (including conditions as to remuneration) as the Secretary of State thinks fit.
 
    (4)  Any such terms and conditions may include provision to the effect that the person concerned--
    (a)  is, or is not, to be or become a member of a particular pension scheme, or
    (b)  is, or is not, to be treated as employed in the civil service of the State.")
Apppointments by the Secretary of State.
  
Clause 399
 
  
BY THE LORD WHITTY
 
     Page 237, line 18, at end insert--
    ("(  )  London Regional Transport or any subsidiary of London Regional Transport;")
 
     Page 237, line 31, at end insert--
    ("(  )  any company all the shares in which are held by a Minister of the Crown;")
 
     Page 237, line 35, at end insert--
    ("(  )  the Commission for the New Towns;")
 
     Page 238, line 16, leave out ("the creation of rights or liabilities") and insert--
    ("(a)  the grant or creation of an estate or interest in, or right over, any land or other property,
    (b)  the grant or creation of any other rights, or
    (c)  the imposition of liabilities,
in favour of, or on, any body or person falling within subsection (2) above or any body or person falling within subsection (3) above")
 
     Page 238, line 16, at end insert--
 
    ("(  )  An order under subsection (1) above may make provision for transfers to take effect at such time of day as may be specified in the order.")
 
  
Clause 400
 
  
BY THE LORD WHITTY
 
     Page 239, line 2, at end insert--
 
    ("(  )  A scheme under subsection (1) or (2) above may make any provision that may be made by order under subsection (1) of section 399 above.")
 
  
Clause 401
 
  
BY THE LORD WHITTY
 
     Page 239, line 26, at end insert--
 
    ("(  )  In this section--
    (a)  any reference to anything made or done by or in relation to the transferor includes a reference to anything which is treated by virtue of any enactment as having been made or done by or in relation to the transferor; and
    (b)  any reference to an employee's period of employment with the transferor shall be construed accordingly.")
 
  
Clause 402
 
  
BY THE LORD WHITTY
 
     Page 239, line 44, leave out ("employees, or persons who") and insert ("persons who are or") 
     Page 240, line 22, at end insert--
    ("(  )  the alteration or winding up of any pension scheme or pension fund, whether in whole or in part;
    (  )  the variation of any trust;
    (  )  the transfer of the whole or any part of any pension fund or of any rights, obligations or liabilities under a pension scheme;
    (  )  the persons by whom any function under or relating to the scheme is to be exercisable;")
 
     Page 240, line 31, at end insert--
    ("(  )  the amendment of a pension scheme;")
 
     Page 240, line 33, at end insert--
 
    ("(  )  An order under subsection (1) above may amend--
    (a)  the trust deed of any pension scheme;
    (b)  the rules of any such scheme; or
    (c)  any other instrument relating to the constitution, management or operation of any such scheme;
and any reference in this section to the amendment of a pension scheme includes a reference to the amendment of any such trust deed, rules or other instrument.")
 
     Page 240, line 45, at end insert--
 
    ("(  )  An order under this section may be made so as to have effect from a date prior to the making of the order.")
 
     Page 240, line 45, at end insert--
 
    ("(  )  An order under this section may only be made after consultation with the trustees or managers, or the administrators, of any pension fund or pension scheme to which the order relates.")
 
     Page 241, line 3, at end insert--
 
    ("(  )  Schedule (London Regional Transport pension etc schemes) to this Act (which makes provision in relation to schemes for the provision of pensions or other benefits for or in respect of employees etc of London Regional Transport and its subsidiaries) shall have effect.")
 
     Page 241, line 4, at end insert--
    (""instrument" includes an enactment or any subordinate legislation;")
 
     Page 241, line 14, at end insert-- 
 
    (""pension scheme" means an occupational pension scheme, as defined in section 1 of the Pension Schemes Act 1993;")
1993 c. 48.
 
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