Amendments proposed to the Greater London Authority Bill, As Amended - continued House of Commons

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Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Dr Vincent Cable
Mr Edward Davey
Dr Jenny Tonge

62

Page     165,     line     22     [Schedule     2],     leave out from beginning to end of line 25 on page 167.


   

Mr Secretary Prescott

136

*Page     166,     line     29     [Schedule     2],     leave out 'the prescribed percentage' and insert '5 per cent.'.

   

Mr Secretary Prescott

137

*Page     166     [Schedule     2],     leave out lines 35 to 37.


   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Dr Vincent Cable
Mr Edward Davey
Dr Jenny Tonge

2

Page     4,     line     30     [Clause     5],     at end insert—

    '(3) Any London member elected as a member of a registered political party who resigns his party whip shall be deemed to have created a vacancy.'.


   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Dr Vincent Cable
Mr Edward Davey
Dr Jenny Tonge

56

Page     5,     line     26     [Clause     8],     leave out from 'constituency' to end of line 27.


   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Dr Vincent Cable
Mr Edward Davey
Dr Jenny Tonge

57

Page     6,     line     43     [Clause     10],     at end insert 'unless there are three or more candidates.

    (3A) If there are three or more candidates in an Assembly constituency—

      (a) the constituency member shall be returned under the alternative vote system in accordance with Part IA of Schedule 2 to this Act;

      (b) a voter's constituency vote shall accordingly be an alternative vote, that is to say, a vote capable of being given to indicate the voter's preferences from among the candidates.'.


   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Dr Vincent Cable
Mr Edward Davey
Dr Jenny Touge

61

Page     7,     line     30,     leave out Clause 11.


   

Mr Secretary Prescott

102

Page     174,     line     38     [Schedule     3],     at end insert—

'Broadcasting during elections

     21A.—(1) Section 93 shall be amended as follows.

    (2) In subsection (1), after "local government election" there shall be inserted ", other than an Authority election,".'.


   

Mr Secretary Prescott

108A

Page     10,     line     25     [Clause     18],     leave out from 'prepare' to 'required' in line 27 and insert 'an account of any sums which are issued to him out of the Consolidated Fund by virtue of this section and of his use of those sums.

    (6) The account'.

   

Mr Eric Forth

105A

Page     10     [Clause     19],     leave out lines 38 to 41 and insert 'a citizen of the United Kingdom'.

   

Mr Simon Hughes
Mr Tom Brake
Mr Paul Burstow
Dr Vincent Cable
Mr Edward Davey
Dr Jenny Tonge

3

Page     10,     line     42     [Clause     19],     leave out '21' and insert '18'.


   

Mr Eric Forth

106A

Page     11,     line     7     [Clause     19],     leave out 'his principal' and insert 'the place of work at which he spends the majority of his working time'.

   

Mr Eric Forth

107A

Page     11,     line     22     [Clause     19],     leave out from beginning to end of line 28.


   

Mr Secretary Prescott

99

Page     13,     line     28     [Clause     23],     leave out ' 3(1)' and insert ' 3(5)'.


NEW CLAUSES RELATING TO PART I

Nomination of candidate for Mayor

   

Mrs Gillian Shepherd
Mr Richard Ottaway

NC1

To move the following Clause:—

    '.—A mayoral candidate of any registered political party cannot be returned as mayor unless, no later than the time of his nomination as candidate, the registered leader of that party has delivered to the Greater London Returning Officer, and has made publicly available—

      (a) a sworn declaration describing fully that party's procedures for the selection of its candidate as mayor, and

      (b) a certificate declaring that all persons participating in the selection process derived their authority solely from elective processes in which all the members of that party in Greater London, or in any part of it, were entitled to participate at all stages.'.


Recall petition

   

Mrs Gillian Shepherd

Mr Richard Ottaway

NC2

To move the following Clause:—

    '(1) The Mayor will be deemed to have been disqualified from office with immediate effect, if, within not less than twelve months of the date of his signing the declaration of acceptance of office, a minimum of one fifth of electors, or one million electors, whichever is the smaller, entitled to vote in Greater London, shall have put their names to a recall petition, the wording of which includes a demand that the Mayor should resign.

    (2) Receipt of a valid petition by the Greater London returning officer will result in the publication of notice of a new election for the Mayor, which will not preclude the candidature of the former incumbent, provided that he remains qualified to stand in that election.'.


NEW SCHEDULE RELATING TO PART I

   

Mr Secretary Prescott

NS1

To move the following Schedule:—

'SCHEDULE

Transfer schemes

Interpretation

     1. In this Schedule—

      "Crown scheme" means a scheme under subsection (1) of section (Transfer schemes) of this Act;

      "ordinary scheme" means a scheme under subsection (2) of section (Transfer schemes) of this Act;

      "predecessor bodies" means the bodies or persons falling within subsection (3) of section (Transfers of property, rights or liabilities) above;

      "successor bodies" means the bodies or persons falling within subsection (2) of section (Transfers of property, rights or liabilities) above;

      "transfer scheme" means a Crown scheme or an ordinary scheme.

Effect of transfer scheme

     2. A transfer scheme shall by virtue of this paragraph take effect in accordance with the provisions of the scheme on such day or days as may be appointed by the scheme.

Other provision that may be contained in a Crown scheme

     3.—(1) A Crown scheme may also contain provision—

      (a) for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the transferor;

      (b) for the creation of any rights or liabilities as between two or more of the successor bodies, or as between one or more of them and the Crown;

      (c) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more of the successor bodies, or by or against one or more of them and the Crown;

      (d) for imposing on any two or more of the successor bodies, or on one or more of them and the Crown, an obligation to enter into written agreements with, or execute other instruments in favour of, each other.

    (2) A Crown scheme may also contain provision—

      (a) for the creation in favour of any of the successor bodies of an interest in or right over property retained by the Crown;

      (b) for the creation in favour of any of the successor bodies of an interest in or right over property which the scheme transfers to another of those bodies.

Making and approval of ordinary scheme

     4.—(1) Where any of the predecessor bodies is required to make an ordinary scheme, it shall submit the scheme to the relevant Minister for his approval before such date as he may direct.

    (2) Where a scheme is submitted under sub-paragraph (1) above, the relevant Minister may approve the scheme either with or without modification.

    (3) Before giving his approval under sub-paragraph (2) above, the relevant Minister must consult—

      (a) the transferor;

      (b) such of the successor bodies as have been established and are affected by the scheme; and

      (c) if the scheme makes provision by virtue of subsection (5) of section (Transfer schemes) of this Act, the trustees or managers, or the administrators, of any existing pension scheme in relation to which provision is made.

    (4) A scheme required to be submitted under sub-paragraph (1) above shall not take effect unless approved under sub-paragraph (2) above.

    (5) In this paragraph "the relevant Minister", in relation to an ordinary scheme, means the Minister of the Crown who gave the direction under section (Transfer schemes)(2) of this Act to make the scheme.

Power of Minister to make ordinary scheme

     5.—(1) A Minister of the Crown who has given a direction under subsection (2) of section (Transfer schemes) of this Act may, after consultation with the transferor and such of the successor bodies as are affected, make an ordinary scheme himself if—

      (a) he decides not to approve (with or without modifications) a scheme submitted to him pursuant to the direction before the date specified for the purpose under paragraph 4(1) above, or

      (b) no ordinary scheme is submitted to him pursuant to the direction for approval before that date.

    (2) Nothing in sub-paragraph (1) above shall prevent a Minister of the Crown from approving a scheme submitted to him after the date specified in relation to it under paragraph 4(1) above.

    (3) A scheme made by a Minister of the Crown under sub-paragraph (1) above shall be treated for all purposes as having been made by the transferor and approved by the Minister.

Other provision that may be contained in an ordinary scheme

     6. An ordinary scheme may also contain provision—

      (a) for the creation, in relation to property which the scheme transfers, of an interest in or right over the property in favour of the transferor;

      (b) for the creation in favour of any of the successor bodies of—

          (i) an interest in or right over property retained by the transferor; or

          (ii) an interest in or right over property which the scheme transfers to another of those bodies;

      (c) for the creation of any rights or liabilities as between two or more of the successor bodies or as between one or more of those bodies and the transferor;

      (d) for any rights or liabilities specified or described in the scheme to be, or to be to any extent, enforceable by or against two or more of the successor bodies, or by or against one or more of those bodies and the transferor;

      (e) for imposing on any two or more of the successor bodies, or on one or more of those bodies and the transferor, an obligation to enter into written agreements with, or execute other instruments in favour of, each other.

Power to make consequential, transitional etc provision

     7. A transfer scheme may contain incidental, consequential, supplemental or transitional provision and savings.'.

 
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©Parliamentary copyright 1998
Prepared 28 Apr 1999