Amendments proposed to the Greater London Authority Bill, As Amended - continued	House of Commons
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Accommodation for Authority and functional bodies

   

Mr Secretary Prescott

NC36

To move the following Clause:—

    '.—(1) The Secretary of State shall be under a duty to provide accommodation for—

(a) the Authority, and

(b) each of the functional bodies,

    during the period of five years beginning with the day on which this Act is passed.

    (2) If the Secretary of State is satisfied that appropriate accommodation is available or has been provided for a body falling within paragraph (a) or (b) of subsection (1) above, he may by order make provision substituting for the period for the time being specified in that subsection as it has effect in relation to that body such shorter period as he may determine.

    (3) Where the Secretary of State—

(a) has made an order under subsection (2) above in the case of any body, but

(b) subsequently considers that it is necessary, expedient or desirable to extend the period for the time being specified in subsection (1) above as it has effect in relation to that body,

    he may by order make provision substituting for that period (whether or not it has expired) such longer period as he may determine, ending not later than the period of five years beginning with the day on which this Act is passed.

    (4) The Secretary of State need not provide accommodation for a body under subsection (1) above during any period as respects which that body has notified him that it does not require him to provide accommodation for it.

    (5) The provision of accommodation under subsection (1) above shall be on such financial and other terms as the Secretary of State may determine.'.

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NEW SCHEDULE RELATING TO PARTS XI AND XII

   

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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Mr Secretary Prescott

84

Page     76     [Clause     144],     leave out line 31.

   

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

35

Page     76,     line     31     [Clause 144],     at beginning insert 'On the date of the first meeting of the Assembly under section 44(1) above,'.

   

Mr Secretary Prescott

85

Page     76     [Clause     145],     leave out lines 32 to 39.

   

Mr Secretary Prescott

86

Page     76,     line     40     [Clause     146],     leave out from beginning to end of line 23 on page 77.

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Mr Secretary Prescott

87

Page     77     [Clause     147],     leave out lines 24 to 26.

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Mrs Gillian Shephard
Mr Richard Ottaway

79

Page     88,     line     1     [Clause     171],     leave out from beginning to end of line 16 on page 98.

   

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

22

Page     88,     line     24     [Clause     171],     leave out 'must not' and insert 'may'.

   

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

23

Page     88,     line     25     [Clause     171],     leave out 'must not' and insert 'may'.

   

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

24

Page     88     [Clause     171],     leave out lines 27 to 29.

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NEW CLAUSES RELATING TO CHAPTERS III AND VI OF PART IV

The PPP arbiter

   

Mr Secretary Prescott

NC37

To move the following Clause:—

    '.—(1) The Secretary of State may appoint a person to an office to be known as "the Public-Private Partnership Agreement Arbiter" (in this Act referred to as the "PPP arbiter").

    (2) The PPP arbiter shall have the functions conferred or imposed on him by or under this Act.

    (3) The PPP arbiter shall be a corporation sole by the name of "the Public-Private Partnership Agreement Arbiter".

    (4) If at any time no person holds the office of PPP arbiter, the Secretary of State shall appoint a person to that office if requested in writing to do so by a party to a PPP agreement.

    (5) A request under subsection (4) above must not include a request for a particular person to be appointed.

    (6) Before making an appointment under subsection (1) or (4) above, the Secretary of State shall consult such persons as he considers appropriate concerning—

(a) the person to be appointed; and

(b) the terms of the appointment.

    (7) The office of PPP arbiter may not be held by—

(a) the Mayor;

(b) an Assembly member;

(c) the Authority or a member of staff of the Authority;

(d) Transport for London or a subsidiary of Transport for London; or

(e) a member of Transport for London or a director of a subsidiary of Transport for London.

    (8) The offices of Rail Regulator and PPP arbiter may be held by the same person.'.

Prepared 4 May 1999