London Olympics Bill

House of Commons

Session 2005 - 06
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London Olympics Bill

London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 1 — Constitution
29

Schedules
Schedule 1
Section 3

The Olympic Delivery Authority
Part 1
Constitution
5
Membership
1     (1)
The Secretary of State shall, having consulted the Mayor of London—
(a)
appoint the members of the Olympic Delivery Authority, and
(b)
appoint one of the members as Chairman.
      (2)
The Secretary of State shall aim to ensure that the Authority has neither less
10
than 7 nor more than 11 members at any time.
      (3)
In appointing members of the Authority the Secretary of State shall have
regard to the desirability of their having experience relevant to—
(a)
the nature of the Authority’s functions, and
(b)
the places in relation to which they are likely to be exercised.
15
Tenure
2
A person shall hold and vacate office as Chairman or other member of the
Authority in accordance with the terms of his appointment (subject to this
Schedule).
3
The Chairman or another member of the Authority may resign by notice in
20
writing to the Secretary of State.
4
The Chairman or another member of the Authority may be removed from
office by the Secretary of State on the grounds that—
(a)
a bankruptcy order has been made against him, his estate has been
sequestrated or he has made a composition or arrangement with, or
25
granted a trust deed for, his creditors, or
(b)
the Secretary of State, having consulted the Mayor of London, thinks
that the Chairman or other member is unable, unfit or unwilling to
discharge the functions of his office.
5
A person who ceases, otherwise than by virtue of paragraph 4, to be
30
Chairman or another member of the Authority may be re-appointed.
Staff
6     (1)
The Authority shall appoint a chief executive.

London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 1 — Constitution
30

      (2)
But the first chief executive shall be appointed by the Secretary of State; and
before making an appointment under this sub-paragraph the Secretary of
State shall consult—
(a)
either—
(i)
the Chairman, or
5
(ii)
a person whom the Secretary of State intends to appoint as
Chairman, and
(b)
the Mayor of London.
      (3)
The Authority—
(a)
may not appoint a person as chief executive without the Secretary of
10
State’s approval, and
(b)
may (subject to paragraph (a)) appoint the Chairman as chief
executive.
      (4)
The Secretary of State shall consult the Mayor of London before giving
approval for the purpose of sub-paragraph (3)(a).
15
7     (1)
The Authority shall appoint a finance director.
      (2)
The Authority may not appoint a person as finance director without the
Secretary of State’s approval.
8     (1)
The Authority shall appoint a director of transport.
      (2)
The Authority may not appoint a person as director of transport without the
20
Secretary of State’s approval.
9
The Authority may appoint other staff.
Committees
10    (1)
The Authority may establish a committee.
      (2)
A committee—
25
(a)
must include a member of the Authority,
(b)
may, with the approval of the Secretary of State, include one or more
persons who are not members of the Authority, and
(c)
may not include staff of the Authority.
11    (1)
A committee of the Authority may establish a sub-committee.
30
      (2)
A sub-committee—
(a)
must include a member of the Authority,
(b)
must include a member of the committee that established the sub-
committee,
(c)
may include one or more members of other committees,
35
(d)
may, with the approval of the Secretary of State, include one or more
persons who are members neither of a committee of the Authority
nor of the Authority, and
(e)
may not include staff of the Authority.
Status
40
12
The Authority shall not be regarded as the servant or agent of the Crown or
as enjoying any status, immunity or privilege of the Crown.

London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 2 — Proceedings
31

Supervision
13
In Schedule 2 to the Parliamentary Commissioner Act 1967 (c. 13)
(departments, &c. subject to investigation) insert at the appropriate place—

“Olympic Delivery Authority.”
Disqualification
5
14
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (other disqualifying offices) insert at the appropriate place—

“Chairman, or member in receipt of remuneration, of the
Olympic Delivery Authority.”
15
In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification
10
Act 1975 (c. 25) (other disqualifying offices) insert at the appropriate place—

“Chairman, or member in receipt of remuneration, of the
Olympic Delivery Authority.”
Part 2
Proceedings
15
Delegation
16
The Authority may delegate a function to—
(a)
a member,
(b)
an employee,
(c)
a committee, or
20
(d)
any other person.
17
Where a function is delegated to a committee, the committee may delegate
it to—
(a)
a member of the Authority,
(b)
an employee of the Authority,
25
(c)
a member of the committee,
(d)
a sub-committee, or
(e)
any other person.
Secretary of State: guidance and directions
18    (1)
In exercising its functions the Authority shall—
30
(a)
have regard to any guidance given by the Secretary of State, and
(b)
comply with any direction given by the Secretary of State.
      (2)
A direction may, in particular—
(a)
require the Authority to accept or assume specified duties, rights or
liabilities under contracts,
35
(b)
require the Authority to obtain the Secretary of State’s consent before
taking action of a specified kind,
(c)
require the Authority to provide information,
(d)
relate to the employment of staff, or
(e)
with the consent of the Treasury, relate to—
40
(i)
the form of accounts, or

London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 2 — Proceedings
32

(ii)
methods and principles for the preparation of accounts.
      (3)
Before giving a direction, other than one of a kind described in sub-
paragraph (2)(e), the Secretary of State shall, unless he thinks it
impracticable because of urgency, consult—
(a)
the Authority, and
5
(b)
the Mayor of London.
      (4)
Before giving guidance or a direction which the Secretary of State thinks
may affect Scotland otherwise than in respect of a reserved matter (within
the meaning of the Scotland Act 1998 (c. 46)) the Secretary of State shall
consult the Scottish Ministers.
10
Self-regulation
19
The Authority may, subject to this Schedule—
(a)
regulate its own procedure and that of its own committees and sub-
committees (and in particular may specify a quorum for meetings),
and
15
(b)
enable committees and sub-committees to regulate their own
procedure (including, in particular, the specification of a quorum for
meetings) subject to any provision made by the Authority.
Conflict of interests
20
A member or employee of the Authority who is involved in the exercise of
20
the Authority’s functions in relation to land may not participate in
deliberations or decisions of the Authority acting as a local planning
authority in relation to that land.
Non-discrimination
21
In Part II of Schedule 1A to the Race Relations Act 1976 (c. 74) (bodies subject
25
to general non-discrimination duty) insert, at the appropriate place in the list
headed “Other bodies, &c.”—

“The Olympic Delivery Authority.”
Records
22
In Schedule 1 to the Public Records Act 1958 (c. 51) (definition of public
30
records) the following entry shall be inserted at the appropriate place in Part
II of the Table at the end of paragraph 3—

“Olympic Delivery Authority.”
23
In Part VI of Schedule 1 to the Freedom of Information Act 2000 (c. 36)
(public authorities: miscellaneous) at the appropriate place insert—
35

“The Olympic Delivery Authority.”
Annual report
24    (1)
As soon as is reasonably practicable after the end of each financial year the
Authority shall send to the Secretary of State a report on the exercise of the
Authority’s functions during the year.
40

London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 3 — Money
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      (2)
A report must, in particular, specify any direction given to the Authority
under paragraph 18 that had effect during the year to which the report
relates.
      (3)
The Secretary of State shall lay before Parliament a copy of each report
received by him under this paragraph.
5
Saving
25
The validity of proceedings of the Authority, a committee or a sub-
committee shall not be affected by—
(a)
a vacancy among its members, or
(b)
a defect in the appointment of a person as Chairman or member.
10
Part 3
Money
Income
26    (1)
The Secretary of State may give financial assistance to the Authority if he
thinks that other sources of financial assistance will or may be insufficient
15
for a purpose.
      (2)
Financial assistance under sub-paragraph (1)—
(a)
may take the form of grants, loans, guarantees or indemnities, and
(b)
may be given on conditions (which may include conditions about
repayment with or without interest).
20
27
The Authority may accept gifts.
Remuneration, &c.
28    (1)
The Authority may pay to the Chairman, another member or a member of a
committee or sub-committee—
(a)
such remuneration as the Secretary of State may determine, and
25
(b)
such travelling and other allowances as the Secretary of State may
determine.
      (2)
The Authority may pay to or in respect of the Chairman or another member
such sums as the Secretary of State may determine by way of, or in respect
of, pensions, allowances or gratuities.
30
      (3)
If the Secretary of State thinks that there are special circumstances that make
it right for a person ceasing to hold office as Chairman or member of the
Authority to receive compensation, the Authority may pay to him such
compensation as the Secretary of State may determine.
29    (1)
The Authority may pay sums to or in respect of a member or former member
35
of staff by way of or in respect of—
(a)
remuneration,
(b)
allowances,
(c)
pensions,
(d)
gratuities, or
40
(e)
compensation for loss of employment.

London Olympics Bill
Schedule 1 — The Olympic Delivery Authority
Part 3 — Money
34

      (2)
In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which
superannuation schemes may extend) in the list of other bodies insert at the
appropriate place—

“The Olympic Delivery Authority.”
Other payments
5
30
The Authority may make payments in respect of expenditure (which may
include expenditure of a capital nature) by—
(a)
the Authority, or
(b)
a person to whom it delegates functions under paragraph 16 or 17.
Investment
10
31
The Authority may deposit money in an interest-bearing account (but may
not otherwise invest).
Accounts
32    (1)
The Authority shall—
(a)
keep proper accounting records, and
15
(b)
prepare a statement of accounts in respect of each financial year.
      (2)
The Authority shall send a copy of a statement under sub-paragraph (1)(b)—
(a)
to the Secretary of State, and
(b)
to the Comptroller and Auditor General.
      (3)
A copy of a statement must be sent under sub-paragraph (2) within such
20
period, beginning with the end of the financial year to which the statement
relates, as the Secretary of State may, with the consent of the Treasury, direct.
      (4)
The Comptroller and Auditor General shall—
(a)
examine, certify and report on a statement received under this
paragraph, and
25
(b)
send a copy of the statement and his report to the Secretary of State,
who shall lay them before Parliament.
Financial year
33    (1)
The financial year of the Authority shall be the period of 12 months ending
with the 31st March.
30
      (2)
But the first financial year of the Authority shall be the period—
(a)
beginning with the coming into force of section 3, and
(b)
ending with the following 31st March.