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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.").
Page 33, line 18, at end insert--
(“( ) In this section “working day" has the same meaning as in section 37 above.").

On Question, amendments agreed to.

Clause 61 [Chief Administrative Officer (head of paid service)]:

Baroness Farrington of Ribbleton moved Amendment No. 261:


Page 33, line 29, at end insert--
(“( ) The person who, by virtue of subsection (1) above, is designated under section 4(1)(a) of the Local Government and Housing Act 1989 as the head of the Authority's paid service must be a member of staff appointed under section 56(2) above.").

On Question, amendment agreed to.

Baroness Farrington of Ribbleton moved Amendments Nos. 262 to 264:


Page 33, line 30, leave out subsection (2).
Page 33, line 33, leave out subsection (3).
Page 33, line 35, at end insert--
(“(4) In the application of section 4 of the Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect.
(5) The duty imposed by subsection (1)(a) (appointment of head of paid service) shall be discharged by the Assembly after consultation with the Mayor.
(6) The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the head of paid service)--
(a) so far as relating to the provision of staff, shall be discharged by the Assembly; and
(b) so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.
(7) Any report prepared under subsection (2) (report by head of paid service) shall be a report to the Mayor and the Assembly.
(8) The references to functions in paragraphs (a) and (b) of subsection (3) (matters concerning which proposals may be made in a report under subsection (2)) shall be taken as references to the functions of the Authority, whether exercisable by the Mayor, the Assembly, or the Mayor and Assembly acting jointly.
(9) It shall be the duty of the Mayor personally to consider any report to the Mayor and Assembly under subsection (2).

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(10) The meeting required by subsection (5) to be held to consider any such report shall be a meeting of the Assembly which must not be held until--
(a) the Mayor has submitted to the Chair of the Assembly a written statement of his views on the report; or
(b) the period of one month has elapsed since copies of the report were first sent to members of the Assembly without the Mayor having submitted any such statement;
and the reference in that subsection to section 101 of the Local Government Act 1972 (delegation) shall be taken as a reference to section 46 above.
(11) In considering any such report at any such meeting, the Assembly shall take account of any views on the report which have been expressed by the Mayor in a statement submitted under subsection (10)(a) above.").

On Question, amendments agreed to.

Clause 62 [Monitoring officer]:

Lord Whitty moved Amendment No. 265:


Page 33, line 42, at end insert--
(“( ) The person who, by virtue of subsection (1) above, is designated under section 5(1)(a) of the Local Government and Housing Act 1989 as the Authority's monitoring officer must be a member of staff appointed under section 56(2) above.").

On Question, amendment agreed to.

Baroness Farrington of Ribbleton moved Amendment No. 266:


Page 34, line 1, leave out subsection (2) and insert--
(“(2) In the application of section 5 of the Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect.
(3) The duty imposed by subsection (1)(a) (appointment of monitoring officer) shall be discharged by the Assembly after consultation with the Mayor.
(4) The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the monitoring officer)--
(a) so far as relating to the provision of staff, shall be discharged by the Assembly; and
(b) so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.
(5) For subsection (2) there shall be substituted--
“(2) It shall be the duty of the Greater London Authority's monitoring officer, if at any time it appears to him that any proposal, decision or omission of a GLA body or person has given rise to, or is likely to or would give rise to--
(a) a contravention by that or any other GLA body or person of any enactment or rule of law or of any code of practice made or approved by or under any enactment, or
(b) any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974 (Local Commissioners),
to prepare a report to the Mayor and the Assembly with respect to that proposal, decision or omission.
In this subsection “GLA body or person" means--
(a) the Greater London Authority;
(b) Transport for London, when exercising any function of the Greater London Authority by virtue of section 31 of the Greater London Authority Act 1999;
(c) the London Development Agency, when exercising any function of the Greater London Authority by virtue of section 31 of the Greater London Authority Act 1999;
(d) the Mayor of London;
(e) the London Assembly;
(f) any committee or sub-committee of the London Assembly;

14 Oct 1999 : Column 627


(g) any committee or sub-committee of Transport for London or the London Development Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 31 of the Greater London Authority Act 1999;
(h) any joint committee to which the Mayor of London has power to appoint members (whether or not the power is the subject of an authorisation under section 31(1) of the Greater London Authority Act 1999);
(j) the Deputy Mayor of London;
(k) any member of the London Assembly;
(l) any member of staff of the Greater London Authority;
(m) any member, or member of staff, of Transport for London or the London Development Agency, when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 31 of the Greater London Authority Act 1999;
and in the above definition of “GLA body or person" any reference to a member of staff of a body includes a reference to an officer or employee of that body."
(6) The duties imposed on the Authority by subsection (5) (to consider any report and to ensure that during the period of suspension no step is taken for giving effect to any proposal or decision to which the report relates)--
(a) so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor (or, by virtue of an authorisation under section 31(1) above, by a GLA body or person), shall be discharged by the Mayor;
(b) so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Assembly (or, by virtue of arrangements under section 46 above, by a GLA body or person), shall be discharged by the Assembly; and
(c) so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor and the Assembly acting jointly, shall be discharged separately--
(i) by the Mayor, as if the case fell within paragraph (a) above, and
(ii) by the Assembly, as if the case fell within paragraph (b) above.
(7) Accordingly--
(a) in its application in relation to the Mayor by virtue of subsection (6)(a) or (c)(i) above, paragraph (a) of subsection (5) shall have effect with the substitution for the words “at a meeting held not more than" of “within"; and
(b) in the application of that paragraph by virtue of subsection (6)(b) or (c)(ii) above, the meeting required to be held shall be a meeting of the Assembly.
(8) In paragraph (b) of subsection (5), the reference to section 115 of the Local Government and Housing Act 1989 (duties in respect of conduct involving contraventions of financial obligations) shall include a reference to section 115A of that Act (which is inserted by section 117(9) below and makes provision in relation to the Mayor and the Assembly).
(9) Where by virtue of subsection (6) above the Mayor or the Assembly is under a duty to consider a report, the Mayor or the Assembly in discharging that duty shall take account of any views on the report which have been expressed by the other of them in a statement submitted--
(a) by the Assembly to the Mayor; or
(b) by the Mayor to the Chair of the Assembly.

14 Oct 1999 : Column 628


(10) Standing orders of the Authority shall make provision for or in connection with--
(a) the period within which any statement by virtue of subsection (9) above must be submitted;
(b) the consideration of any such statement by the Mayor or, as the case may be, the Assembly;
(c) the period within which any meeting of the Assembly required by subsection (5) by virtue of subsection (6)(b) or (c)(ii) above must, or must not, be held.
(11) Neither section 31 above nor section 46 above shall apply in relation to the duty imposed on the Mayor or the Assembly by virtue of subsection (6) above to consider a report.").

On Question, amendment agreed to.


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