Greater London Authority Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Greater London Authority Bill

Greater London Authority Bill
Part 1 — General functions of the Authority
1

A
Bill
To
Make further provision with respect to the Greater London Authority; to
amend the Greater London Authority Act 1999; to make further provision
with respect to the functional bodies, within the meaning of that Act, and the
Museum of London; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
General functions of the Authority
Payments on loss of office
1
Payments on ceasing to hold office as Mayor or Assembly member
(1)
After section 26 of the GLA Act 1999 (pensions) insert—
5
“26A
Payments on ceasing to hold office
(1)
The Authority may establish and administer such schemes as it may
from time to time determine for the making of payments to or in respect
of persons on their ceasing to hold office as the Mayor or as an
Assembly member.
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(2)
The power conferred by subsection (1) above includes power to make
different provision for different cases.
(3)
The Authority’s functions under subsection (1) above are exercisable
by the Mayor and the Assembly acting jointly on behalf of the
Authority.
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(4)
The standing orders of the Assembly must include provision for the
publication of every determination under this section.

Bill 11 54/2

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(5)
A determination under this section does not affect benefits in payment
under this section before the making of the determination.”.
(2)
In section 27 of the GLA Act 1999 (publication of information relating to sums
paid under sections 24 and 26) for “and 26” substitute “, 26 and 26A”.
(3)
In consequence of the amendments made by this section, the italic heading
5
preceding section 24 of the GLA Act 1999 becomes “Salaries, expenses,
pensions and other payments”.
The Mayor’s strategies
2
Consultation
(1)
In section 42 of the GLA Act 1999 (consultation) for subsection (5) (duty to
10
consult Assembly and functional bodies first) substitute—
“(5)
Section 42A below supplements subsection (1) above (but see
subsection (6) below).”.
(2)
After section 42 of the GLA Act 1999 insert—
“42A
Consultation: supplementary provision
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(1)
This section supplements section 42(1) above.
(2)
The Mayor must consult the Assembly and the functional bodies under
section 42(1)(a) and (b) above before consulting other bodies or persons
under section 42(1)(c) to (e) above.
(3)
The Mayor must have regard to any comments submitted to him in
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response by the Assembly or any of the functional bodies.
(4)
Before consulting under section 42(1)(c) to (e) above, the Mayor must—
(a)
prepare a statement in accordance with the following
provisions of this section, and
(b)
submit that statement to the Chair of the Assembly.
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(5)
The statement must—
(a)
identify which of the comments submitted by the Assembly are
accepted by the Mayor for implementation in the strategy, and
(b)
set out the reasons why any comments so submitted are not so
accepted.
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(6)
The statement must be in writing.”.
(3)
In section 376 of the GLA Act 1999 (the Mayor’s culture strategy) in subsection
(8)(b) (which refers to section 42(5)) for “reference in subsection (5) of that
section” substitute “references in subsections (2) and (3) of section 42A above”.
The Assembly
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3
The Mayor’s periodic report to the Assembly
(1)
Section 45 of the GLA Act 1999 (the Mayor’s periodic report to the Assembly)
is amended as follows.

Greater London Authority Bill
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(2)
In subsection (1) (which requires the Mayor to submit a report at least three
days before the first, and each monthly, meeting of the Assembly) for “three”,
in both places, substitute “5”.
4
Confirmation hearings etc for certain appointments by the Mayor
(1)
After section 60 of the GLA Act 1999 (general functions of the Assembly:
5
proposals to the Mayor) insert—
“60A
Confirmation hearings etc for certain appointments by the Mayor
(1)
Schedule 4A to this Act (confirmation hearings etc) has effect in any
case where this section applies.
(2)
This section applies in any case where the Mayor proposes to make an
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appointment to any of the offices specified in subsection (3) below.
(3)
The offices are—
chairman, or deputy chairman, of Transport for London (see
section 154 and paragraph 3 of Schedule 10);
chairman, or deputy chairman, of the London Development
15
Agency (see section 2 of the Regional Development Agencies
Act 1998, as amended by section 304 below);
chairman, or vice chairman, of the Metropolitan Police Authority
(but see subsection (4) below);
chairman of the London Fire and Emergency Planning Authority
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(see section 328 and paragraph 3 of Schedule 28);
chair of the Cultural Strategy Group (see section 375 and
paragraph 3 of Schedule 30);
chairman, or deputy chairman, of the London Pensions Fund
Authority (see section 403).
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(4)
Any reference in subsection (3) above to the chairman, or vice
chairman, of the Metropolitan Police Authority has effect only in
relation to appointments falling to be made after the function of making
the appointment has become a function of the Mayor.
(5)
The Secretary of State may by order amend this section for the purpose
30
of specifying further offices in subsection (3) above.”.
(2)
After Schedule 4 to the GLA Act 1999 insert the Schedule 4A set out in Schedule
1 to this Act.
(3)
In section 420 of the GLA Act 1999 (regulations and orders) in the list of
provisions in subsection (8) (orders subject to negative resolution
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Parliamentary procedure) insert each of the following at the appropriate
place—
“section 60A(5);”;
“paragraph 8(2) of Schedule 4A;”.
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Power to require attendance at Assembly meetings: time limits
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(1)
Section 61 of the GLA Act 1999 (power to require attendance at Assembly
meetings) is amended as follows.

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(2)
In each of the provisions specified in subsection (3) below (which describe
persons who may be required to attend, and which mention a period of three
years prior to the date of the requirement) for “three years” substitute “8 years”.
(3)
The provisions are—
(a)
subsection (2)(c) (chairman or member of functional body within that
5
period);
(b)
subsection (3)(a) and (b) (persons, or members or staff of bodies, that
had contractual relationships with the Authority within that period);
(c)
subsection (4)(a) and (b) (persons, or members or staff of bodies, that
received grants from the Authority within that period);
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(d)
subsection (5)(b) and (c) (persons who have been Assembly members or
Mayor within that period).
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Annual report by the Assembly

After section 65 of the GLA Act 1999 insert—
“Annual report
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65A
Annual report by the Assembly
(1)
As soon as reasonably practicable after the end of each financial year
the Assembly shall prepare a report on the exercise of its functions
during the year (an “annual report”).
(2)
An annual report shall include a statement of what the Assembly
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considers that it has achieved during the year.
(3)
As soon as reasonably practicable after preparing an annual report, the
Assembly —
(a)
shall send a copy of the report to the Mayor, and
(b)
when it has done that, shall publish the report.
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(4)
A copy of the annual report sent to the Mayor shall be kept available for
the appropriate period by the Assembly for inspection by any person
on request free of charge at the principal offices of the Authority at
reasonable hours.
(5)
A copy of the annual report sent to the Mayor, or any part of that report,
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shall be supplied to any person on request during the appropriate
period for such reasonable fee as the Assembly may determine.
(6)
In this section “the appropriate period” in the case of an annual report
is the period of six years beginning with the date of publication of that
report pursuant to this section.”.
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Officers and staff
7
Staff appointed under section 67(2) of the GLA Act 1999
(1)
In section 67 of the GLA Act 1999 (appointment of staff) for subsection (2)
substitute—
“(2)
The head of the Authority’s paid service, after consultation with the
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Mayor and the Assembly, and having regard, in particular, to—

Greater London Authority Bill
Part 1 — General functions of the Authority
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(a)
the resources available, and
(b)
the priorities of the Authority,

may appoint such staff as he considers necessary for the proper
discharge of the functions of the Authority.”.
(2)
In section 70(2) of the GLA Act 1999 (terms and conditions of employment of
5
persons appointed under section 67(2)) for “as the Assembly, after consultation
with the Mayor, thinks fit” substitute “as the head of the Authority’s paid
service, after consultation with the Mayor and the Assembly, thinks fit”.
(3)
In section 72(5)(a) of the GLA Act 1999 (head of paid service: discharge of duty
as to provision of staff) for “shall be discharged by the Assembly” substitute
10
“shall be discharged by the head of the Authority’s paid service after
consultation with the Mayor and the Assembly”.
(4)
In section 73(5)(a) of the GLA Act 1999 (monitoring officer: discharge of duty
as to provision of staff) for “shall be discharged by the Assembly” substitute
“shall be discharged by the head of the Authority’s paid service after
15
consultation with the Mayor and the Assembly”.
(5)
Where this section amends any provision relating to the appointment of a
person as a member of the staff of the Authority, appointments made under
that provision before the commencement day and in force on that day have
effect on and after that day as if made under the provision as amended.
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(6)
Where this section amends any provision relating to the terms and conditions
of employment of any such person, the terms and conditions of employment of
the person that are in force on the commencement day have effect on and after
that day as if imposed under the provision as amended.
(7)
In this section “the commencement day” means the day on which the
25
amendment in question comes into force.
8
Head of paid service
(1)
Section 72 of the GLA Act 1999 (head of paid service) is amended as follows.
(2)
For subsection (1) substitute—
“(1)
The Mayor and the Assembly, acting jointly, shall appoint a person to
30
be head of the Authority’s paid service.
(1A)
Section 4 of the Local Government and Housing Act 1989 (designation
and reports of head of paid service) shall apply in relation to the
Authority as if—
(a)
the person appointed under subsection (1) above were a person
35
designated under subsection (1)(a) of that section;
(b)
the Authority were a relevant authority for the purposes of that
section; and
(c)
the Mayor and Assembly members were members of that
authority.
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(1B)
Any appointment under subsection (1) above is an appointment as an
employee of the Authority and—
(a)
section 7 of the Local Government and Housing Act 1989 (staff
to be appointed on merit) shall apply in relation to any such
appointment as if the Authority were a local authority;
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Greater London Authority Bill
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(b)
section 8 of that Act (duty to adopt standing orders with respect
to staff) shall apply in relation to a person appointed under
subsection (1) above as if the Authority were a relevant
authority.
(1C)
The terms and conditions of employment of the person appointed
5
under subsection (1) above (including conditions as to remuneration)
are to be such as the Mayor and the Assembly acting jointly think fit.”.
(3)
For subsection (2) substitute—
“(2)
A person must not at the same time be both—
(a)
the head of the Authority’s paid service appointed under
10
subsection (1) above, and
(b)
a member of staff appointed under section 67(1) above.”.
(4)
In subsection (3) for “subsection (1)” substitute “subsection (1A)”.
(5)
Omit subsection (4) (appointment).
(6)
After subsection (10) insert—
15
“(11)
The head of the Authority’s paid service may arrange for a member of
staff of the Authority, other than a member of staff appointed under
section 67(1) above, to exercise on his behalf any function exercisable by
the head of paid service under section 67(2) or 70(2) above.”.
(7)
Where this section amends any provision relating to the appointment of a
20
person as head of the Authority’s paid service, any appointment made under
the provision before the commencement day and in force on that day has effect
on and after that day as if made under the provision as amended.
(8)
Where this section amends any provision relating to the terms and conditions
of employment of any such person, the terms and conditions of employment of
25
the person that are in force on the commencement day have effect on and after
that day as if imposed under the provision as amended.
(9)
In this section “the commencement day” means the day on which the
amendment in question comes into force.
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Monitoring officer
30
(1)
Section 73 of the GLA Act 1999 (monitoring officer) is amended as follows.
(2)
For subsection (1) substitute—
“(1)
The Mayor and the Assembly, acting jointly, shall appoint a person to
be the Authority’s monitoring officer.
(1A)
Section 5 of the Local Government and Housing Act 1989 (designation
35
and reports of monitoring officer) shall apply in relation to the
Authority as if—
(a)
the person appointed under subsection (1) above were a person
designated under subsection (1)(a) of that section;
(b)
the Authority were a relevant authority for the purposes of that
40
section; and
(c)
the Mayor and Assembly members were members of that
authority.

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(1B)
Any appointment under subsection (1) above is an appointment as an
employee of the Authority and—
(a)
section 7 of the Local Government and Housing Act 1989 (staff
to be appointed on merit) shall apply in relation to any such
appointment as if the Authority were a local authority;
5
(b)
section 8 of that Act (duty to adopt standing orders with respect
to staff) shall apply in relation to a person appointed under
subsection (1) above as if the Authority were a relevant
authority.
(1C)
The terms and conditions of employment of the person appointed
10
under subsection (1) above (including conditions as to remuneration)
are to be such as the Mayor and the Assembly acting jointly think fit.”.
(3)
For subsection (2) substitute—
“(2)
A person must not at the same time be both—
(a)
the Authority’s monitoring officer appointed under subsection
15
(1) above, and
(b)
a member of staff appointed under section 67(1) above.”.
(4)
In subsection (3) for “subsection (1)” substitute “subsection (1A)”.
(5)
Omit subsection (4) (appointment).
(6)
Where this section amends any provision relating to the appointment of a
20
person as the Authority’s monitoring officer, any appointment made under the
provision before the commencement day and in force on that day has effect on
and after that day as if made under the provision as amended.
(7)
Where this section amends any provision relating to the terms and conditions
of employment of any such person, the terms and conditions of employment of
25
the person that are in force on the commencement day have effect on and after
that day as if imposed under the provision as amended.
(8)
In this section “the commencement day” means the day on which the
amendment in question comes into force.
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Chief finance officer
30
(1)
In section 127 of the GLA Act 1999 (proper financial administration and chief
finance officer) for subsections (5) and (6) substitute—
“(5)
Section 127A below makes further provision with respect to the
Authority’s chief finance officer for the purposes of subsection (2)(b)
above.”.
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(2)
After section 127 insert—
“127A
  Chief finance officer of the Authority
(1)
The Mayor and the Assembly, acting jointly, shall appoint a person to
be the chief finance officer of the Authority.
(2)
Any appointment under subsection (1) above is an appointment as an
40
employee of the Authority and—