Vote Bundle Text (990504-03)

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

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Mr Secretary Prescott

118

Page 20, line 3 [Clause 33], at end insert—

'(5B) Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he considers best calculated—

(a) to promote improvements in the health of persons in Greater London, and

(b) to contribute towards the achievement of sustainable development in the United Kingdom,

except to the extent that he considers that any action that would need to be taken by virtue of paragraph (a) or (b) above is not reasonably practicable in all the circumstances of the case.

(5C) In subsection (5B)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the strategy or revision.'.

Mr Secretary Prescott

119

Page 20 [Clause 33], leave out lines 5 to 9.

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

151

Page 20, line 20 [Clause 34], at end insert—

'( ) organisations of disabled and older people'.

Mr Secretary Prescott

120

Page 20, line 23 [Clause 34], at end insert—

'(1A) In determining what consultation (if any) is appropriate under subsection (1)(e) above, the bodies which, and persons whom, the Mayor considers consulting must include bodies of each of the descriptions specified in section (Consultation)(3) above.'.

Mrs Gillian Shephard
Mr Richard Ottaway

Page 23 [Clause 41], leave out lines 1 and 2.

Mrs Gillian Shephard
Mr Richard Ottaway

Page 23 [Clause 41], leave out lines 5 and 6.

Mrs Gillian Shephard
Mr Richard Ottaway

Page 23 [Clause 41], leave out lines 9 to 11.

Mrs Gillian Shephard
Mr Richard Ottaway

Page 23 [Clause 41], leave out line 13.

Mr Secretary Prescott

121

Page 26, line 16 [Clause 49], leave out 'The power of the Assembly under subsection (1) includes' and insert 'For the purposes of subsection (1) above, the powers of the Assembly include'.

Mr Secretary Prescott

122

Page 26, line 19 [Clause 49], at end insert—

'(bb) matters relating to the principal purposes of the Authority,'.

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

Page 31, line 13 [Clause 57], leave out 'and'.

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

Page 31, line 14 [Clause 57], at end insert 'and

(e) the Greater London Regional Health Authority.'.

NEW CLAUSES RELATING TO PART II

The general power of the Authority

Mr Secretary Prescott

NC32

To move the following Clause:—

'.—(1) The Authority shall have power to do anything which it considers will further any one or more of its principal purposes.

(2) Any reference in this Act to the principal purposes of the Authority is a reference to the purposes of—

(a) promoting economic development and wealth creation in Greater London;

(b) promoting social development in Greater London; and

(3) In determining whether or how to exercise the power conferred by subsection (1) above to further any one or more of its principal purposes, the Authority shall have regard to the desirability of so exercising that power as to—

(a) further the remaining principal purpose or purposes, so far as reasonably practicable to do so; and

(b) secure, over a period of time, a reasonable balance between furthering each of its principal purposes.

(4) In determining whether or how to exercise the power conferred by subsection (1) above, the Authority shall have regard to the effect which the proposed exercise of the power would have on—

(a) the health of persons in Greater London; and

(b) the achievement of sustainable development in the United Kingdom.

(5) Where the Authority exercises the power conferred by subsection (1) above, it shall do so in the way which it considers best calculated—

(a) to promote improvements in the health of persons in Greater London, and

(b) to contribute towards the achievement of sustainable development in the United Kingdom,

except to the extent that the Authority considers that any action that would need to be taken by virtue of paragraph (a) or (b) above is not reasonably practicable in all the circumstances of the case.

(6) In subsection (5)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of the power.

(7) The Secretary of State may issue guidance to the Authority concerning the exercise by the Authority of the power conferred by subsection (1) above.

(8) In deciding whether or how to exercise that power, the Authority shall have regard to any guidance issued under subsection (7) above.

(9) Any guidance issued under subsection (7) above shall be published by the Secretary of State in such manner as he considers appropriate.

(10) The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.'

As an Amendment to Mr Secretary Prescott's New Clause (NC32) (The general power of the Authority):

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

(a)

Line 6, after 'development', insert 'and the encouragement of equal opportunities'.

Limits of the general power

Mr Secretary Prescott

NC33

To move the following Clause:—

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

(2) In determining whether to exercise the power conferred by section (The general power of the Authority)(1) above, the Authority shall seek to secure that it does not incur expenditure in doing anything which is being done by the London Development Agency.

(3) The Authority shall not by virtue of section (The general power of the Authority)(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.

(4) Any reference in subsection (3) 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 one or more of the principal purposes of the Authority or for purposes incidental to such a purpose.

(5) Any reference in subsection (3) 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.

(6) Nothing in subsections (1) to (5) 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.

(7) The Secretary of State may by order amending this section make further provision for preventing the Authority from doing by virtue of section (The general power of the Authority)(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.

(8) The Secretary of State may by order impose limits on the expenditure which may be incurred by the Authority by virtue of section (The general power of the Authority)(1) above.

(9) The Secretary of State may by order amending this section make provision removing or restricting any prohibitions or limitations imposed by this section on what may be done by the Authority by virtue of section (The general power of the Authority)(1) above.'.

Consultation

Mr Secretary Prescott

NC34

To move the following Clause:—

'.—(1) The power conferred by section (The general power of the Authority)(1) above is exercisable only after consultation with such bodies or persons as the Authority may consider appropriate in the particular case.

(2) In determining what consultation (if any) is appropriate under subsection (1) above, the bodies which, and persons whom, the Authority considers consulting must include—

(a) any London borough council;

(b) the Common Council; and

(3) Those descriptions are—

(a) voluntary bodies some or all of whose activities benefit the whole or part of Greater London;

(b) bodies which represent the interests of different racial, ethnic or national groups in Greater London;

(d) bodies which represent the interests of persons carrying on business in Greater London.

(4) The Authority may make arrangements with—

(a) any London borough council,

(b) the Common Council,

(d) such other bodies or persons as it may consider appropriate,

for the purpose of facilitating the carrying out by the Authority of consultation pursuant to this section or any other provision of this Act.

(5) The functions conferred on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.'.