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

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After Clause 376
 
  
BY THE LORD GREENWAY
THE LORD CLINTON-DAVIS
THE LORD LUKE
 
85     Insert the following new Clause-- 
 ("Chapter IA 
 The River Thames 
     .--(1)  The Mayor shall prepare and publish a document to be known as the "River Thames strategy".
 
    (2)  The River Thames strategy shall contain the Mayor's proposals and policies--
    (a)  for the use of the River Thames for tourism and for passenger and freight transport, including the provision and maintenance of piers and other relevant infrastructure,
    (b)  for the provision, maintenance and protection of wharves required for cargo, waste and aggregates handling in the Port of London,
    (c)  for the provision and maintenance of moorings and other facilities for private leisure craft and houseboats,
    (d)  for the protection and enhancement of the ecology of the Thames, its tributaries and connection highways and the wildlife of the Thames and its habitats,
    (e)  for the use of the Thames and its banks for sport, leisure and recreation,
    (f)  for the provision and maintenance of public access to Thames-side and where appropriate to the foreshore,
    (g)  for the protection of historic features and the enhancement of the built and natural environment of the River, and
    (h)  for safety on the River,
and may contain such other proposals and policies relating to the River Thames as the Mayor considers appropriate.
 
    (3)  The River Thames strategy shall also contain information about--
    (a)  water quality in the River,
    (b)  the local character of individual stretches of the River, including areas, sites, buildings, structures, landmarks, skylines, landscapes and views of particular sensitivity and importance,
    (c)  opportunities for regeneration, environmental and urban design improvements, public access and recreation,
    (d)  sites of ecological or archaeological importance,
    (e)  land and river transport nodes for passenger, tourist or freight transport, including the Thames bridges and tunnels,
    (f)  the measures which are to be taken by the Authority, Transport for London and the London Development Agency for the purpose of the implementation of the River Thames strategy, and
    (g)  the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of the implementation of the River Thames strategy.
    (4)  The River Thames strategy shall define a special Thames policy area, having regard to--
    (a)  areas, open spaces and buildings with a visual relationship to and impact on the River, or whose uses relate to the River and river-related activities,
    (b)  existing designations such as conservation areas and world heritage sites, and
    (c)  specific geographical features of the River and adjacent land,
and shall include a statement formulating the Mayor's guidelines for spatial development in the Thames policy area which shall not conflict with any other strategy in section 41(1).
 
    (5)  In preparing and revising the River Thames strategy the Mayor shall consult--
    (a)  the Port of London Authority,
    (b)  the Environment Agency,
    (c)  the Countryside Agency,
    (d)  each riparian London borough council,
    (e)  the Common Council, and
    (f)  any other person or body whom the Mayor considers it appropriate to consult.
    (6)  In preparing or revising the statement referred to in subsection (4) above the Mayor shall--
    (a)  consult each riparian London borough council and the Common Council, and
    (b)  take account of such aspects of the Mayor's spatial development strategy as relate to the River Thames and to the Thames policy area.
    (7)  Where the Mayor revises the River Thames strategy, he shall publish it as revised.
 
    (8)  The River Thames strategy may make different provision for different parts of the River Thames.")
The River Thames strategy.
86     Insert the following new Clause-- 
     ("  .--(1)  Where the Secretary of State considers that either of the conditions specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the River Thames strategy.
 
    (2)  The conditions mentioned in subsection (1) above are--
    (a)  that the River Thames strategy or its implementation is likely to be detrimental to any area outside Greater London, or
    (b)  that the River Thames strategy or its implementation is likely to be detrimental to the operations of the Port of London Authority, or to flood defences.
    (3)  The power of the Secretary of State to give a direction to the Mayor under subsection (1) above--
    (a)  may be exercised either generally or specially, and
    (b)  may only be exercised after consultation with the Mayor.
    (4)  Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.")
The River Thames strategy: directions by Secretary of State.
87     Insert the following new Clause-- 
     ("  .  For the purpose of sections (The River Thames strategy) and (The River Thames strategy: directions by Secretary of State) above, "River Thames" refers to that part of the River Thames located within Greater London, and to the tidal sections of any of its tributaries and creeks located within Greater London.")Interpretation
of Chapter IA.
  
Clause 379
 
  
BY THE LORD WHITTY
 
88     Page 226, line 28, at end insert--
 
    ("(1A)  Byelaws under this section may designate specified provisions of the byelaws as trading byelaws.")
 
89     Page 226, line 29, leave out ("byelaws") and insert ("byelaw") 
90     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,")
 
91     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
 
92     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
 
93     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.
94     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
 
95     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.
  
Before Clause 397
 
  
BY THE LORD BRABAZON OF TARA
THE BARONESS MILLER OF HENDON
THE LORD DIXON-SMITH
 
96*     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall, within one year of this Act coming into force, appoint a commission of independent lawyers of suitable standing to report to him with proposals for amendments required to this Act.
 
    (2)  The report in subsection (1) shall specify such amendments to this Act in order that the institutions established by this Act shall function as effectively as possible in accordance with the purposes for which they were established.
 
    (3)  On receiving such a report, the Secretary of State must lay the report before both Houses of Parliament in order that Parliament shall have an opportunity to consider these amendments.
 
    (4)  Any amending Act shall come into force within two years of this Act coming into force.")
Amendment commission.
  
After Clause 398
 
  
BY THE LORD WHITTY
 
97     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
 
98     Page 237, line 18, at end insert--
    ("(  )  London Regional Transport or any subsidiary of London Regional Transport;")
 
99     Page 237, line 31, at end insert--
    ("(  )  any company all the shares in which are held by a Minister of the Crown;")
 
100     Page 237, line 35, at end insert--
    ("(  )  the Commission for the New Towns;")
 
101     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")
 
102     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
 
103     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
 
104     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
 
105     Page 239, line 44, leave out ("employees, or persons who") and insert ("persons who are or") 
106     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;")
 
107     Page 240, line 31, at end insert--
    ("(  )  the amendment of a pension scheme;")
 
108     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.")
 
109     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.")
 
110     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.")
 
111     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.")
 
112     Page 241, line 4, at end insert--
    (""instrument" includes an enactment or any subordinate legislation;")
 
113     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.
  
Clause 403
 
  
BY THE LORD WHITTY
 
114     Page 241, line 17, at end insert ("; and
    (b)  rights and liabilities under enactments.")
 
115     Page 241, line 22, at end insert--
 
    ("(  )  No right to terminate or vary a contract or instrument shall operate or become exercisable, and no provision of a contract or relevant document, shall operate or become exercisable or be contravened by reason of any transfer by virtue of a transfer or pension instrument.")
 
116     Page 241, line 23, leave out subsection (3) and insert--
 
    ("(3)  For purposes connected with any transfers made by virtue of a transfer or pension instrument (including the transfer of rights and liabilities under an enactment) a body or person to which anything is transferred by virtue of the instrument is to be treated as the same person in law as the body or person from which it is transferred, except as otherwise provided in the instrument.")
 
117     Page 241, line 36, leave out subsection (6) 
118     Page 242, line 36, leave out subsections (13) and (14) 
119     Page 242, line 44, after ("subsection") insert ("(2) or") 
120     Page 242, line 44, after ("above") insert (", and
    (b)  of the trustees or managers, or administrators, of any pension scheme,")
 
121     Page 242, line 47, at end insert--
 
    ("(  )  Where any person is entitled, in consequence of any transfer made by virtue of a transfer or pension instrument, to possession of a document relating in part to the title to, or to the management of, any land or other property in England and Wales--
    (a)  the instrument may contain provision for treating that person as having given another person an acknowledgment in writing of the right of that other person to the production of the document and to delivery of copies thereof; and
 
 
    (b)  section 64 of the Law of Property Act 1925 (production and safe custody of documents) shall have effect accordingly, and on the basis that the acknowledgment did not contain any such expression of contrary intention as is mentioned in that section.")
1925 c. 20.
122     Page 243, line 1, after ("section") insert--
    (""relevant document" means--
          (a)  any enactment, other than an enactment contained in this Act;
          (b)  any subordinate legislation made otherwise than under this Act; or
          (c)  any deed or other instrument;")
 
 
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