Select Committee on Delegated Powers and Deregulation Sixteenth Report



Part XI: MISCELLANEOUS AND GENERAL PROVISIONS

CLAUSE 314 - PROVISION OF INFORMATION, ADVICE AND ASSISTANCE BY FUNCTIONAL BODIES

This clause places a duty on the functional bodies to provide the Mayor with such information, advice and assistance as he requires.

Subsection 2 provides that the Secretary of State may make orders establishing categories of confidential and other information which the bodies may refuse to provide to the Mayor, and restricting the purposes for which the Mayor may require information, assistance and advice.

Purpose - The power has two purposes. The first is to enable arrangements to protect privacy and confidentiality to apply to information flows between the functional bodies and the Mayor. The second is as a reserve power to provide a safeguard against the Mayor abusing his power to place unreasonable burdens on the functional bodies through demanding information, advice and assistance.

Reason for proposing delegated powers - the arrangements to protect privacy and confidentiality of information will be based on those in section 100I of and schedule 12A to the Local Government Act 1972 which can be varied by Order and will also need to take account of the relationship between the Mayor and the functional bodies. The power to restrict the purposes for which information, advice and assistance can be given is a reserve power, which will be exercised only if necessary, and different arrangements may be applied to different functional bodies to reflect their relationship with the Mayor.

Parliamentary Procedure Negative Resolution.

CLAUSE 315 - RESEARCH AND COLLECTION OF INFORMATION: LONDON RESEARCH CENTRE ETC

This clause provides that the GLA will have powers to carry out research and to collect information relating to Greater London, or any part of it, and can make arrangements for making the research or information available to other bodies, such as the London Boroughs and the public.

Subsections (2), (3) and (6) make provision for the Secretary of State to make regulations to require the GLA to collect such data or carry out such research as he may specify and to make the information available to other bodies and the public.

Purpose - to enable the Secretary of State to require the GLA to carry out specific research and data collection exercises and make the results available to other bodies and the public.

Reason for proposing delegated powers - The GLA will take on London-wide research functions currently undertaken by the London Research Centre. The proposed power is a reserve power which would be used only if the GLA did not continue to carry out, or undertake research and data-collection work considered by the Secretary of State, after consultation, to be essential or make the results available voluntarily.

Parliamentary procedure Negative Resolution Procedure.


 
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