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Session 1998-99
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Greater London Authority Bill

This is the text of the Greater London Authority Bill, as presented to the House of Commons on 2 December 1998

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Department of the Environment, Transport and the Regions, will be published separately as Bill 7-EN.


EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Pescott has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Greater London Authority Bill are compatible with the Convention rights.
 
  
Greater London Authority Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
THE GREATER LONDON AUTHORITY
The Authority
Clause 
1.The Authority.

Membership
2.Membership of the Authority and the Assembly.

Ordinary elections
3.Time of ordinary elections.
4.Voting at ordinary elections.

Vacancies in the Assembly
5.Resignation.
6.Failure to attend meetings.
7.Declaration of vacancy in certain cases.
8.Election as Mayor under section 16.
9.Date of casual vacancies.
10.Filling a vacancy in an Assembly constituency.
11.Filling a vacancy among the London members.

Vacancy in the office of Mayor
12.Resignation of the Mayor.
13.Failure of Mayor to attend meetings.
14.Declaration of vacancy in office of Mayor in certain cases.
15.Date of casual vacancy in office of Mayor.
16.Filling a vacancy in the office of Mayor.

Franchise, conduct of elections etc
17.Franchise, conduct of elections etc.
18.Cost of holding the first ordinary elections.

Qualifications and disqualifications
19.Qualification to be the Mayor or an Assembly member.
20.Disqualification from being the Mayor or an Assembly member.
21.Validity of acts done by unqualified persons.
22.Proceedings for disqualification.

Supplementary provisions
23.Declaration of acceptance of office.
24.Interpretation of this Part.

PART II
GENERAL FUNCTIONS AND PROCEDURE
The purpose and general powers of the Authority
25.The purpose of the Authority.
26.Secretary of State's guidance about the Authority's purpose.
27.General power of the Authority.
28.Subsidiary powers of the Authority.

Exercise of functions: general principles
29.Functions to belong to Authority but be exercisable by Mayor, Assembly or both.
30.Discharge of functions during vacancy or temporary incapacity of Mayor.

Functions exercisable by the Mayor
31.Delegation of functions exercisable by the Mayor.
32.Contracting out functions exercisable by the Mayor.

The Mayor's strategies
33.General duties of the Mayor in relation to his strategies.
34.Consultation.
35.Publicity and availability of strategies.
36.Directions by the Secretary of State.

Public accountability
37.The Mayor's monthly report to the Assembly.
38.Annual report by the Mayor.
39.The annual State of London debate.
40.People's Question Time.

Deputy Mayor
41.The Deputy Mayor.

Chair and Deputy Chair of the Assembly
42.The Chair and Deputy Chair of the Assembly.
43.Appointment of Chair and Deputy Chair of the Assembly.

Meetings and procedure of the Assembly
44.Meetings of the whole Assembly.
45.Assembly procedure.
46.Discharge of functions by committees or single members.
47.Political composition of Assembly committees.
48.Openness.

General functions of the Assembly
49.Review and investigation by the Assembly.
50.Proposals by the Assembly to the Mayor.

Attendance of witnesses and production of documents
51.Power to require attendance at Assembly meetings.
52.Procedure for requiring attendance.
53.Restriction of information.
54.Failure to attend proceedings etc.

Ethical standards
55.The Secretary of State's guidance on ethical standards.

Staff
56.Appointment.
57.Disqualification and political restriction.
58.Disqualification for membership of certain London borough councils.
59.Terms and conditions of employment.
60.Disclosure by employees of interests in contracts.
61.Chief Administrative Officer (head of paid service).
62.Monitoring officer.

General local authority provisions
63.Investigation of Authority by Commission for Local Administration.
64.Provisions of 1972 Act relating to documents, notices etc.
65.Byelaws.

Contracts
66.Public supply or works contracts.

PART III
FINANCIAL PROVISIONS
CHAPTER I
COUNCIL TAX: THE AUTHORITY AS A MAJOR PRECEPTING AUTHORITY
67.Authority to be major precepting authority.
68.Issue of precepts.
69.Substituted precepts.
70.Calculation of component and consolidated budget requirements.
71.Provisions supplemental to section 70.
72.Procedure for determining the component and consolidated budget requirements.
73.Calculation of basic amount of tax.
74.Additional calculations where special item relates to part only of Greater London.
75.The special item for the purposes of section 74.
76.Special items: amendments of section 46 of the 1992 Act.
77.Calculation of tax for different valuation bands.
78.Calculation of amount payable by each billing authority.
79.Substitute calculations under section 49 of the 1992 Act.
80.Minimum budget for Metropolitan Police Authority: substitute calculations.
81.Minimum budget for Metropolitan Police Authority: supplemental provisions.
82.Substitute calculations: emergencies and disasters.
83.Procedure for making of substitute calculations by the Authority.
84.Interpretation of this Chapter.

CHAPTER II
GRANTS AND REDISTRIBUTED NON-DOMESTIC RATES
Grants
85.General GLA grant.
86.GLA transport grant.

Distribution of grants etc.
87.Mayor's duty to distribute certain grants etc between Authority and functional bodies.
88.Authority's duty to account to functional bodies for their grants.

CHAPTER III
EMERGENCY FINANCIAL ASSISTANCE, FUNDS AND MISCELLANEOUS MATTERS
89.Emergency financial assistance.
90.The Authority's general fund.
91.Judicial review.
92.Functions to be discharged only by certain authorities.
93.Information.
94.Provision of information by functional bodies to Mayor or Assembly.

CHAPTER IV
REVENUE ACCOUNTS AND CAPITAL FINANCE
Application of Part IV of Local Government and Housing Act 1989
95.Part IV of 1989 Act to apply to Authority and functional bodies.

Credit approvals
96.Provisions to be in place of sections 53 to 55 of 1989 Act.
97.Aggregate credit approval for Authority and functional bodies.
98.Additional credit approval.
99.Notification of category C or D allocations.
100.Amortisation.
101.Criteria for issuing credit approvals.
102.Part IV of 1989 Act and credit approvals under this Chapter.

Capital receipts and mutual grants
103.Power to redistribute capital receipts of functional bodies.
104.Capital grants between Authority and functional bodies.
105.Revenue grants between Authority and functional bodies.

The Mayor's capital spending plan
106.Form and contents of capital spending plan.
107.Preparation of the plan: consultation and completion.

Supplementary provisions
108.Admissible factors in preparing capital spending plan etc.
109.Information.
110.Interpretation of this Chapter.

CHAPTER V
FINANCIAL ADMINISTRATION, ACCOUNTS AND AUDIT
Financial administration
111.Proper financial administration and chief finance officer.
112.Application of Part VIII of Local Government Finance Act 1988.
113.Qualifications of chief finance officer.
114.Functions of chief finance officer as regards reports.
115.Duties of Authority or functional body as regards reports.
116.Monitoring officer not to be chief finance officer etc.

Accounts and audit
117.Application of the Audit Commission Act 1998.
118.Summary statement of accounts of Authority and functional bodies.
119.Information for purposes of section 118.

CHAPTER VI
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
120.Council tax: no Crown exemption for Authority or functional bodies.
121.Functions of Mayor or Assembly under or by virtue of this Part.

PART IV
TRANSPORT
CHAPTER I
TRANSPORT FUNCTIONS OF THE AUTHORITY
The general transport duty
122.General transport duty.

The transport strategy
123.The Mayor's transport strategy.
124.Directions by the Secretary of State.
125.Duties of London borough councils etc.

Local implementation plans
126.Preparation of the plan.
127.Approval of plans by the Mayor.
128.Power of the Mayor to prepare a plan.
129.Implementation by a London borough council.
130.Implementation by the Mayor.
131.Directions by the Mayor.

CHAPTER II
TRANSPORT FOR LONDON
Constitution of Transport for London
132.Transport for London.
133.Directions etc by the Mayor.
134.Structure of fares and services.

Functions of Transport for London
135.General powers.
136.Co-operation with the Franchising Director.
137.Co-operation with other persons.
138.Annual report.

Miscellaneous
139.Distribution of property.
140.Restrictions on the disposal of land.
141.Control of subsidiaries.

CHAPTER III
LONDON REGIONAL TRANSPORT
142.Abolition of London Regional Transport.
143.Transfer of property etc to the Authority.
144.Transitional provisions.
145.Construction of references in Local and Personal Acts.

CHAPTER IV
REGULATION OF BUS SERVICES IN GREATER LONDON
Introductory
146.London local services.
147.Provision of London local services.

The London bus network
148.The London bus network.
149.London local service agreements.
150.Addition or variation of a network service.
151.Discontinuance of a network service.

Bus services outside the network
152.London service permits.
153.Grant of London service permits.
154.Appeals.
155.Conditions.
156.Duration.
157.Revocation.

Guidance document
158.Consultation.
159.Publication.

Miscellaneous
160.Validity of agreements and permits.
161.Application of the Public Passenger Vehicles Act 1981.
162.Interpretation.

CHAPTER V
RAILWAYS
163.Power of Authority to give guidance to the Franchising Director.
164.Authority and Transport for London not to be railway franchisees.
165.Closures: Franchising Director to give copy documents to Mayor.
166.Amendment of franchise agreements to take account of the Authority.

CHAPTER VI

PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS
167.Facilitation etc of PPP agreements.
CHAPTER VII
CONCESSIONARY FARES AND TRANSPORT FOR DISABLED PERSONS
Concessionary fares
168.Concessionary fares.

Transport for disabled persons
169.Disabled persons' transport services.

CHAPTER VIII
PENALTY FARES
170.Penalty fares.

CHAPTER IX
LONDON TRANSPORT USERS' COMMITTEE
171.Abolition of the London Regional Passengers' Committee.
172.The London Transport Users' Committee.
173.Representations to the Committee.
174.Recommendations and reports etc.
175.Committee to be the Rail Users' Consultative Committee for Greater London.

CHAPTER X
HACKNEY CARRIAGES AND PRIVATE HIRE VEHICLES
176.Transfer of hackney carriage functions.
177.The Private Hire Vehicles (London) Act 1998.

CHAPTER XI
HIGHWAYS
GLA roads
178.Introductory.
179.Designation of first GLA roads.
180.Orders by the Authority changing what are GLA roads.
181.Certification, lists and maps of GLA roads.
182.Supplementary provisions.

London borough councils
183.Exercise of powers so as to affect another authority's roads.

CHAPTER XII
ROAD TRAFFIC
Transport for London as a traffic authority
184.Transport for London to be the traffic authority for GLA roads.
185.Power to place traffic signs in connection with GLA roads.
186.Power to affix traffic signs to walls.

Traffic control systems in Greater London
187.Transfer of London Traffic Control System to Transport for London.
188.London borough councils and the London traffic control system.
189.Transfer of traffic control systems between Secretary of State and Transport for London.
190.Traffic authority for certain traffic signs in Greater London.

Parking
191.Fixing of certain parking and other charges.
192.Special parking areas.
193.Interpretation of parking provisions.

School crossing patrols and parking attendants
194.School crossing patrols.
195.Parking attendants.

Miscellaneous and supplementary provisions
196.London borough council affecting another authority's roads.
197.Traffic control consultancy service.
198.Interpretation and exercise of functions by the Mayor.
199.Repeal of certain enactments.

CHAPTER XIII
NEW CHARGES AND LEVIES
200.Road user charging.
201.Non-residential parking place levy.

PART V
THE LONDON DEVELOPMENT AGENCY
202.Appointment of members of the Agency by the Mayor.
203.Delegation of functions by Ministers to the Mayor.
204.The London Development Agency strategy.
205.Audit.
206.Further amendments of the Regional Development Agencies Act 1998.

PART VI
THE METROPOLITAN POLICE
The Metropolitan Police Authority and its police force
207.Establishment, membership and duty to maintain police force.
208.Assimilation of general functions to those of other police authorities.
209.Metropolitan Police Authority to be police authority instead of Secretary of State.
210.Openness.

Commissioner, Deputy Commissioner and Assistant Commissioners
211.General functions of the Commissioner.
212.Appointment of Commissioner.
213.Functions of the Deputy Commissioner.
214.Appointment of Deputy Commissioner.
215.Removal of Commissioner or Deputy Commissioner.
216.Appointment, removal and functions of Assistant Commissioners.

The metropolitan police district
217.Alteration of the metropolitan police district.

The Receiver for the Metropolitan Police District
218.Abolition of office of Receiver.

Miscellaneous
219.Further amendments relating to metropolitan police etc.

PART VII
THE LONDON FIRE AND EMERGENCY PLANNING AUTHORITY
220.Reconstitution of the Fire etc Authority.
221.Fire etc Authority to continue to be the fire authority for Greater London.
222.Civil defence.
223.Openness.
224.Discharge of functions.
225.Miscellaneous powers and duties.

PART VIII
PLANNING
The Mayor's spatial development strategy
226.The spatial development strategy.
227.Public participation.
228.Withdrawal.
229.Publication.
230.Examination in public.
231.Duty to notify London borough councils of publication or withdrawal.

Review, alteration and replacement
232.Review of matters affecting the strategy.
233.Reviews of the strategy.
234.Alteration or replacement.

Supplementary provisions
235.Matters to which the Mayor is to have regard.
236.Regulations.

Implementation
237.Amendments of the Town and Country Planning Act 1990.
238.Monitoring and data collection.

Duty of functional bodies in relation to the strategy
239.Functional bodies to have regard to the strategy.

Consequential and supplemental provisions
240.Abolition of joint planning committee for Greater London.
241.Interpretation of this Part.

PART IX
ENVIRONMENTAL FUNCTIONS
Report on the state of the environment
242.The Mayor's environmental report.

The London Biodiversity Action Plan
243.The Mayor's Biodiversity Action Plan.

Waste management
244.The Mayor's municipal waste management strategy.
245.Directions by the Secretary of State.
246.Duties of waste collection authorities etc.
247.Directions by the Mayor.
248.Interpretation of sections 244 to 247.

Functions under the Environmental Protection Act 1990
249.Waste recycling plans.

Air quality in London
250.The Mayor's air quality strategy.
251.Directions by the Secretary of State.
252.Duty of local authorities in Greater London.
253.Directions by the Mayor.
254.Interpretation of sections 250 to 253.

Functions under the Environment Act 1995
255.Disapplication of section 85(5) of the Environment Act 1995.
256.Duty of the Mayor in relation to air quality action plans.
257.Consultation with the Mayor.

Noise in Greater London
258.The London ambient noise strategy.

Duty of the functional bodies in relation to strategies
259.Functional bodies to have regard to strategies under this Part.

The London Ecology Committee
260.Abolition of the London Ecology Committee.

PART X
CULTURE, MEDIA AND SPORT
261.The Cultural Strategy Group for London.
262.The Mayor's culture strategy.

PART XI
MISCELLANEOUS AND GENERAL PROVISIONS
263.The Trustee Investments Act 1961.
264.The Local Authorities (Goods and Services) Act 1970.
265.The Race Relations Act 1976.
266.The Stock Transfer Act 1982.
267.Investigation of functional bodies by Commission for Local Administration.
268.Provision of information, advice and assistance by functional bodies.
269.Research and collection of information: London Research Centre etc.

PART XII
SUPPLEMENTARY PROVISIONS
270.Power to amend Acts and subordinate legislation.
271.Transfers of property, rights, liabilities, staff and pension obligations.
272.Regulations and orders.
273.Directions.
274.Financial provisions.
275.Repeals.
276.Interpretation.
277.Short title, commencement and extent.
 

SCHEDULES
    Schedule 1-Assembly constituencies and orders under section 2(4).
    Part I-Assembly constituencies.
    Part II-Orders under section 2(4).
    Schedule 2-Voting at elections.
    Part I-Election of the Mayor.
    Part II-Return of London members.
    Schedule 3-Amendments of the Representation of the People Acts.
    Schedule 4-Exercise of functions during vacancy or temporary incapacity of Mayor.
    Part I-Interpretation.
    Part II-Vacancies in the office of Mayor.
    Part III-Mayor temporarily unable to act.
    Schedule 5-Procedure for determining the Authority's consolidated budget requirement.
    Schedule 6-Procedure for making of substitute calculations by the Authority.
    Schedule 7-Amendments of the Audit Commission Act 1998.
    Schedule 8-Transport for London.
    Schedule 9-Operating powers of Transport for London.
    Schedule 10-Public-private partnership agreements.
    Schedule 11-London Transport Users' Committee.
    Schedule 12-Amendment of enactments relating to the London Regional Passengers' Committee.
    Schedule 13-Road user charging.
    Schedule 14-Non-residential parking place levy.
    Schedule 15-Further amendments of the Regional Development Agencies Act 1998.
    Schedule 16-The Metropolitan Police Authority: Schedule 2A to the Police Act 1996.
    Schedule 17-Further amendments relating to metropolitan police etc.
    Schedule 18-The London Fire and Emergency Planning Authority.
    Schedule 19-Amendments relating to the Fire etc Authority.
    Part I-Public General Acts.
    Part II-Local and Personal Acts.
    Schedule 20-The Cultural Strategy Group for London.
    Schedule 21-Enactments repealed.
    Part I-Financial provisions.
    Part II-Transport for London and London Regional Transport.
    Part III-Traffic control.
    Part IV-The metropolitan police.
    Part V-London Fire and Civil Defence Authority and London Fire and Emergency Planning Authority.
    Part VI-Miscellaneous.
 


 
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© Parliamentary copyright 1998
Prepared 3 December 1998