Greater London Authority Bill

Greater London Authority Bill - continued	House of Commons

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PART II

GENERAL FUNCTIONS AND PROCEDURE

The purpose and general powers of the Authority

The purpose of the Authority.

25. - (1) The Authority shall have the purpose of promoting economic and social development in Greater London and the improvement of the environment in Greater London.

(2) The powers of the Authority are only exercisable where the body or person exercising them considers that the exercise in question will further the purpose mentioned in subsection (1) above.

(3) The matters to which a body or person is to have regard in determining whether to exercise any of the powers of the Authority include the desirability of-

(a) ensuring a reasonable balance between promoting economic development in Greater London, promoting social development in Greater London, and promoting the improvement of the environment in Greater London;

(b) promoting sustainable development in Greater London;

(d) promoting improvements in the health of persons in Greater London.

(4) In deciding-

(a) whether the exercise of any of the Authority's powers will further the purpose mentioned in subsection (1) above, or

(b) whether or not to exercise any of the Authority's powers,

a body or person shall undertake such consultation as the body or person considers appropriate.

(5) The consultation required to be undertaken by virtue of subsection (4) above shall include consultation with such organisations representative of business as the body or person undertaking the consultation considers appropriate having regard to the impact of the exercise of the Authority's functions on the interests of business.

Secretary of State's guidance about the Authority's purpose.

26. - (1) The Secretary of State may issue guidance to the Authority concerning the application of section 25 above in relation to the exercise of the Authority's powers.

(2) In deciding whether to exercise any of the powers of the Authority, or the manner in which to exercise any such powers, a body or person shall have regard to any guidance issued under subsection (1) above.

(3) Any guidance issued by the Secretary of State under subsection (1) above shall be published by him in such manner as he considers appropriate.

General power of the Authority.

27. - (1) The Authority shall have power to do anything which the Mayor considers will further the purpose mentioned in section 25(1) above.

(2) The power of the Authority under subsection (1) above is exercisable by the Mayor.

(3) The Authority shall not by virtue of subsection (1) above incur expenditure in doing anything which may be done by a functional body other than the London Development Agency.

(4) In determining whether to exercise the power conferred by subsection (1) above the Mayor shall seek to secure that the Authority does not incur expenditure in doing anything which is being done by the London Development Agency.

(5) The Authority shall not by virtue of subsection (1) above incur expenditure in providing-

(a) any housing,

(b) any education services,

(d) any health services,

in any case where the provision in question may be made by a London borough council, the Common Council or any other public body.

(6) Any reference in subsection (5) above to the provision of housing-

(a) includes a reference to the management of housing; but

(b) does not include a reference to the acquisition by the Authority of existing housing accommodation and the making of that accommodation available on a temporary basis for the purpose of the Authority or for purposes incidental to that purpose.

(7) Any reference in subsection (5) above to the provision of social services is a reference to the exercise of-

(a) any function under any enactment for the time being specified in Schedule 1 to the Local Authority Social Services Act 1970, or

(b) any function for the time being designated by an order made by the Secretary of State under section 2(2) of that Act as being appropriate for discharge through a local authority's social services committee.

(8) Any reference in subsection (5) above to the provision of health services does not include a reference to the provision of such services for members of staff of the Authority.

(9) Nothing in subsections (3) to (8) above shall be taken to prevent the Authority incurring expenditure in co-operating with, or facilitating or co-ordinating the activities of, the bodies mentioned in those subsections.

(10) The Secretary of State may by order amending this section make further provision for preventing the Authority from doing by virtue of subsection (1) above anything-

(a) which may be done by a London borough council, the Common Council or a public body, and

(b) which is specified, or is of a description specified, in the order.

(11) The Secretary of State may by order impose limits on the expenditure which may be incurred by the Authority by virtue of subsection (1) above.

Subsidiary powers of the Authority.

28. - (1) The Authority may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any of its functions.

(2) The Authority shall not by virtue of this section raise money (whether by precepts, borrowing or otherwise) or lend money, except in accordance with the enactments relating to those matters.

Exercise of functions: general principles

Functions to belong to Authority but be exercisable by Mayor, Assembly or both.

29. - (1) Any function transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed) shall, in accordance with the provisions of this Act, be exercisable-

(a) only by the Mayor acting on behalf of the Authority;

(b) only by the Assembly so acting; or

(2) Any function of the Authority which is not made exercisable by either the Mayor or the Assembly acting on behalf of the Authority shall be exercisable only by the Mayor and the Assembly acting jointly on behalf of the Authority.

(3) Any function transferred to, or conferred or imposed on, the Mayor by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor acting on behalf of the Authority.

(4) Any function transferred to, or conferred or imposed on, the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Assembly acting on behalf of the Authority.

(5) Any function transferred to, or conferred or imposed on, the Mayor and the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor and Assembly acting jointly on behalf of the Authority.

(6) Subsections (3) and (4) above are subject to subsection (5) above.

(7) Any reference in this Act to-

(a) functions of the Authority,

(b) functions of the Mayor,

(d) functions of the Mayor and Assembly,

shall be construed in accordance with the foregoing provisions of this section.

(8) Subsections (1) to (7) above are subject to any express provision to the contrary in this Act.

(9) Subsection (3) above is without prejudice to section 31 below and Schedule 4 to this Act.

(10) This section is subject, in particular, to Part II of the Deregulation and Contracting Out Act 1994 (contracting out).

Discharge of functions during vacancy or temporary incapacity of Mayor.

30. Schedule 4 to this Act shall have effect with respect to the discharge of functions during periods when-

(a) there is a vacancy in the office of Mayor; or

(b) there is no such vacancy but the Mayor is unable to act in his office.

Functions exercisable by the Mayor

Delegation of functions exercisable by the Mayor.

31. - (1) Any function exercisable on behalf of the Authority by the Mayor shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.

(2) Those bodies and persons are-

(a) the Deputy Mayor;

(b) any member of staff of the Authority;

(d) the London Development Agency;

(e) any local authority.

(3) Subsection (1) above does not apply-

(a) in relation to functions under this section; or

(b) in relation to any function of making appointments under subsection (1) of section 56 below (which, subject to the provisions of Schedule 4 to this Act, shall be exercisable only by the Mayor).

(4) Each of the following bodies, namely-

(a) Transport for London,

(b) the London Development Agency,

shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.

(5) Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation given by the Mayor to a local authority by virtue of subsection (1) above as they apply to arrangements under that section between one local authority and another.

(6) Section 101(5) of the Local Government Act 1972 (discharge of functions by two or more local authorities jointly) shall have effect so far as relating to functions which, in the case of the Authority, are exercisable by the Mayor as if the Authority acting through the Mayor were a local authority.

(7) An authorisation under this section may be varied or revoked at any time by the Mayor.

(8) Subject to earlier revocation under subsection (7) above, any authorisation under this section shall continue in effect until the beginning of the next term of office of any person as Mayor.

(9) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.

Contracting out functions exercisable by the Mayor.

32. - (1) Part II of the Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.

(2) In section 70 (functions of local authorities) in subsection (1)(b), after "section 56 of the Local Government (Scotland) Act 1973" there shall be inserted "or section 31 of the Greater London Authority Act 1999".

(3) After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the Local Government Act 1972 etc) there shall be inserted-

"(6) Any reference in subsection (5) above to arrangements under section 101 of the Local Government Act 1972 includes a reference to an authorisation under section 31 of the Greater London Authority Act 1999."

(4) In section 79(1) (interpretation of Part II) in the definition of "local authority", in paragraph (a), after "London borough council," there shall be inserted "the Greater London Authority acting through the Mayor of London,".

The Mayor's strategies

General duties of the Mayor in relation to his strategies.

33. - (1) This section applies to-

(a) the transport strategy prepared and published under section 123 below,

(b) the London Development Agency strategy prepared and published under section 7A(2) of the Regional Development Agencies Act,

(d) the municipal waste management strategy prepared and published under section 244 below,

(e) the London air quality strategy prepared and published under section 250 below,

(f) the London ambient noise strategy prepared and published under section 258 below, and

(g) the culture strategy prepared and published under section 262 below.

(2) The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.

(3) In preparing or revising any strategy mentioned in subsection (1) above, in considering whether any such strategy needs to be revised and in implementing each such strategy, the Mayor shall have regard to-

(a) the need to ensure that the strategy is consistent with national policy and international obligations,

(b) the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above,

(d) the desirability of promoting improvements in the health of persons in Greater London, and

(e) the desirability of promoting and encouraging the use of the River Thames, in particular for the provision of passenger transport services and for the transportation of freight.

(4) In this section-

"national policy" means any policies of Her Majesty's government which have been laid before, or presented to, either House of Parliament and are available in a written form, and

"international obligations" means international obligations of the United Kingdom under any treaty, including obligations under the Community Treaties.

(5) For the purposes of this Act, unless the context otherwise requires, a reference to a strategy includes a reference to the London Biodiversity Action Plan.

Consultation.

34. - (1) In preparing or revising any strategy mentioned in section 33(1) above the Mayor shall consult-

(a) the Assembly,

(b) the functional bodies,

(d) the Common Council, and

(e) any other body or person whom he considers it appropriate to consult.

(2) Subsection (1) above is without prejudice to any other duty imposed on the Mayor in relation to consultation.

(3) In discharging the duty under subsection (1) above, the Mayor shall consult the Assembly and the functional bodies before consulting the other bodies or persons mentioned in subsection (1)(c) to (e) above.

(4) In any case where-

(a) the Mayor proposes to revise any of the strategies mentioned in section 33(1), and

(b) he considers that the proposed revisions will not materially alter the strategy in question,

the Mayor is not required to carry out consultation in accordance with this section.

Prepared 3 December 1998