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Lord McIntosh of Haringey: My Lords, I cannot accept that argument. I made clear in my response to the noble Baroness, Lady Anelay, that we sent the amendments to her and all noble Lords who had expressed an interest in this part of the Bill on Thursday--although the amendments were only put down for publication on Friday. I made it clear also that the amendments are sufficient in their own right and serve a useful purpose. I was trying to be helpful in giving as much advance notice as I could of further amendments.

The amendments have been available for debate. Any noble Lords who wanted to question their content could have done so, yet nobody has done so within the rules of Report stage. I have answered all questions--none of which struck me as being particularly antagonistic. Under the circumstances, it would better to proceed with the amendments. They will be printed and if noble Lords have second thoughts and want to amend them, they can do that--which they could not do if the amendments are withdrawn now. We can consider the related amendments on Third Reading, without wasting additional time. I hope, on mature consideration, that that meets with the approval of members of the Opposition Front Bench.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 553C:


After Clause 334, insert the following new clause--

PARLIAMENT SQUARE

(" .--(1) The land comprised in the site of the central garden of Parliament Square (which, at the passing of this Act, is vested in the Secretary of State for Culture, Media and Sport) is by this subsection transferred to and vested in Her Majesty as part of the hereditary possessions and revenues of Her Majesty.
(2) Nothing in subsection (1) above affects--
(a) any sewers, cables, mains, pipes or other apparatus under that site, or
(b) any interest which was, immediately before the passing of this Act, vested in London Regional Transport or any of its subsidiaries.

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(3) The care, control, management and regulation of the central garden of Parliament Square shall be functions of the Authority.
(4) It shall be the duty of the Authority well and sufficiently to light, cleanse, water, pave, repair and keep in good order and condition the central garden of Parliament Square.
(5) The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.
(6) In consequence of the preceding provisions of this section, any functions of the Secretary of State under or by virtue of section 22 of the Crown Lands Act 1851 (duties and powers of management in relation to the royal parks, gardens and possessions there mentioned), so far as relating to the whole or any part of the central garden of Parliament Square, shall determine.
(7) Subsections (3) and (4) above shall have effect notwithstanding any law, statute, custom or usage to the contrary.
(8) Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(9) In this section "the central garden of Parliament Square" means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvement) Act 1949 to lay out the garden referred to in that Act as "the new central garden".").

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 553D:


After Clause 334, insert the following new clause--

BYELAWS

(" .--(1) The Authority may make such byelaws to be observed by persons using Trafalgar Square or Parliament Square Garden as the Authority considers necessary for securing the proper management of those Squares and the preservation of order and the prevention of abuses there.
(2) A person who contravenes or fails to comply with any byelaws under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(3) The functions conferred or imposed on the Authority by this section are in addition to any other functions of the Authority.
(4) Any functions conferred or imposed on the Authority by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
(5) In this section--
"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 (Parliament Square) above.").

On Question, amendment agreed to.

[Amendments Nos. 554 to 556 not moved.]

10.15 p.m.

Lord Whitty moved Amendment No. 556ZA:


After Clause 337, insert the following new clause--

THE SUPERANNUATION ACT 1972: DELEGATION OF FUNCTIONS

(".--(1) The Minister for the Civil Service may, to such extent and subject to such conditions as he thinks fit, delegate to any person the function of administering a scheme made under section 1 of the Superannuation Act 1972, so far as relating to employees of any of the bodies specified in section 337(1) above.
(2) A person to whom the function of administering a scheme made under section 1 of the Superannuation Act 1972 is delegated under subsection (1)(a) above may, to such extent and subject to such conditions as he may determine, authorise the exercise of that function by, or by employees of, any person.

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(3) Where a person is authorised under subsection (2) above to exercise the function of administering a scheme made under section 1 of the Superannuation Act 1972, anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by the person who authorised him.
(4) Subsection (3) above does not apply for the purposes of--
(a) any criminal proceedings against the authorised person (or any employee of his); or
(b) any contract between him and the person who authorised him, so far as relating to the function.").

The noble Lord said: My Lords, I will speak also to Amendments Nos. 564, 564A and 565. The first amendment makes two changes to the Superannuation Act 1972, which is the legislation governing the principal Civil Service pension scheme. The amendment provides for responsibility for the operation of the CSPS, the GLA and each of its functional bodies to be delegated to the bodies themselves or other such persons within each body as the Minister for the Civil Service deems appropriate. In addition, the amendments provide for the GLA and its associated bodies to sub-contract administration, although there is no obligation to do so.

Noble Lords with sharp eyes may have noticed the cross-reference in sub-paragraph (2) to "subsection (1)(a)", which does not exist. That is a typographical error, for which I apologise. We checked with the House authorities, who confirmed that the meaning and intent is clear. If the amendment is passed, that error will be rectified in the next printing of the Bill.

Amendments Nos. 564 and 565A are both technical amendments, to change references to "Corporation of London" to "Common Council". We went over that ground earlier. Amendment No. 564A adds a Minister of the Crown to the list of successor bodies in Clause 351(2) to which the property, rights and liabilities of existing bodies listed in Clause 351(3) can be transferred. The intention is that the property, rights and liabilities of the London Ecology Unit, the London Planning Advisory Committee and the London Research Centre will be transferred to the Secretary of State at their abolition, prior to transferring to the GLA on 8th May. This amendment provides the necessary powers for that to occur.

The first of these amendments relates to pensions, and the noble Baroness mentioned that the pensions of those who work for London Underground will be transferred to the private sector as part of the public private partnership. That is a different issue to the one covered here. We have been unable to table amendments for Report and it is our intention to do so for Third Reading, which may require some adjustment to the timetable. That is a matter for the usual channels, as the noble Baroness and I have discussed. I beg to move.

On Question, amendment agreed to.

[Amendment No. 556A not moved.]

Clause 342 [Provision of information, advice and assistance by functional bodies]:

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Baroness Farrington of Ribbleton moved Amendment No. 557:


Page 186, line 22, leave out ("subsection (2) below") and insert ("the following provisions of this section").

The noble Baroness said: My Lords, in moving this amendment, I shall speak also to Amendments Nos. 558 to 563.

Amendments Nos. 557 to 563 fulfil the Government's commitment to tidy up the mayor's power to obtain information, advice and assistance from the functional bodies. The effect is to limit the duty to supply information, advice and assistance to that which the mayor may reasonably require for exercising her or his functions. The amendments also simplify the Secretary of State's power, by order, to make appropriate arrangements to protect privacy and confidentiality. We anticipate that the arrangements will be based on Part VA of the Local Government Act 1972. I beg to move.

On Question, amendment agreed to.


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