|
| |
|
(4) | This paragraph is without prejudice to section 49(2) of the Local |
| |
Government Finance Act 1992 (substitute amount not to exceed |
| |
previous amount (but see section 49(6) of that Act)). |
| |
(5) | Find the adjusted previous component budget requirement for the |
| |
| 5 |
(6) | Find NM and OM, where— |
| |
NM is the first draft component budget requirement for the |
| |
Mayor, before implementing any amendments under |
| |
| |
OM is the component budget requirement for the Mayor for the |
| 10 |
| |
(7) | If NM is greater than OM— |
| |
(a) | find the percentage by which NM is greater than OM, and |
| |
(b) | increase the amount of the component budget requirement |
| |
for the Assembly for the previous financial year by the same |
| 15 |
| |
| The result is the adjusted previous component budget requirement |
| |
| |
(8) | If NM is less than OM— |
| |
(a) | find the percentage by which NM is less than OM, and |
| 20 |
(b) | reduce the amount of the component budget requirement for |
| |
the Assembly for the previous financial year by the same |
| |
| |
| The result is the adjusted previous component budget requirement |
| |
| 25 |
(9) | If NM equals OM, then— |
| |
(a) | the adjusted previous component budget requirement for the |
| |
| |
| |
(b) | the amount of the component budget requirement for the |
| 30 |
Assembly for the previous financial year. |
| |
(10) | Subsections (9) to (11) of paragraph 5A of Schedule 6 to this Act |
| |
(power of chief finance officer to direct amounts to be left out of |
| |
account) also have effect for the purposes of this paragraph. |
| |
(11) | For the purposes of this Schedule— |
| 35 |
(a) | “component budget” has the same meaning as in Schedule 6 |
| |
| |
(b) | the “first draft component budget” for any constituent body |
| |
is the draft component budget for that body comprised in the |
| |
| 40 |
(c) | the “first draft component budget requirement” for any |
| |
constituent body is the component budget requirement for |
| |
the body as stated in the first draft component budget for the |
| |
| |
|
| |
|
| |
|
(3) | After paragraph 7 (approval of Mayor’s final draft by Assembly) insert— |
| |
“Limit on Assembly’s power to amend Mayor’s final draft budget for the Assembly |
| |
7A (1) | In exercising its powers of amendment under paragraph 7 above, the |
| |
Assembly must not make amendments affecting the amount of the |
| |
final draft component budget requirement for the Assembly if those |
| 5 |
amendments, taken together, contravene sub-paragraph (2) below. |
| |
(2) | Amendments contravene this sub-paragraph if— |
| |
(a) | the effect of implementing the amendments is to increase the |
| |
amount of the final draft component budget requirement for |
| |
| 10 |
(b) | the condition in sub-paragraph (3) below is met. |
| |
(3) | The condition is that— |
| |
(a) | the final draft component budget requirement for the |
| |
Assembly, after implementing the amendments,
|
| |
| 15 |
(b) | the adjusted previous component budget requirement for the |
| |
Assembly (see sub-paragraph (5)). |
| |
(4) | This paragraph is without prejudice to section 49(2) of the Local |
| |
Government Finance Act 1992 (substitute amount not to exceed |
| |
previous amount (but see section 49(6) of that Act)). |
| 20 |
(5) | Find the adjusted previous component budget requirement for the |
| |
| |
(6) | Find NM and OM, where— |
| |
NM is the final draft component budget requirement for the |
| |
Mayor, before implementing any amendments under |
| 25 |
| |
OM is the component budget requirement for the Mayor for the |
| |
| |
(7) | If NM is greater than OM— |
| |
(a) | find the percentage by which NM is greater than OM, and |
| 30 |
(b) | increase the amount of the component budget requirement |
| |
for the Assembly for the previous financial year by the same |
| |
| |
| The result is the adjusted previous component budget requirement |
| |
| 35 |
(8) | If NM is less than OM— |
| |
(a) | find the percentage by which NM is less than OM, and |
| |
(b) | reduce the amount of the component budget requirement for |
| |
the Assembly for the previous financial year by the same |
| |
| 40 |
| The result is the adjusted previous component budget requirement |
| |
| |
(9) | If NM equals OM, then— |
| |
(a) | the adjusted previous component budget requirement for the |
| |
| 45 |
| |
|
| |
|
| |
|
(b) | the amount of the component budget requirement for the |
| |
Assembly for the previous financial year. |
| |
(10) | Subsections (9) to (11) of paragraph 5A of Schedule 6 to this Act |
| |
(power of chief finance officer to direct amounts to be left out of |
| |
account) also have effect for the purposes of this paragraph. |
| 5 |
(11) | For the purposes of this Schedule the “final draft component budget |
| |
requirement” for any constituent body is the component budget |
| |
requirement for that body as stated in the final draft.”. |
| |
15 | Deemed component budget requirements for last old financial year |
| |
(1) | This section has effect for the purpose of implementing Schedules 6 and 7 to the |
| 10 |
GLA Act 1999 in the first new financial year. |
| |
(2) | The Authority’s chief finance officer must for that purpose designate for the |
| |
last old financial year amounts which are respectively to be regarded as— |
| |
(a) | the component budget requirement for the Mayor for that year, and |
| |
(b) | the component budget requirement for the Assembly for that year. |
| 15 |
(3) | The chief finance officer must consult the Mayor and the Assembly before |
| |
making any such designation. |
| |
(4) | The chief finance officer must make the designations required by this section |
| |
no later than 31st December in the last old financial year. |
| |
(5) | For the purposes of this section— |
| 20 |
“the first new financial year” is the first financial year in relation to which |
| |
paragraph 5A or 8A of Schedule 6 to the GLA Act 1999 (see section 13) |
| |
| |
“the last old financial year” is the financial year immediately preceding |
| |
the first new financial year. |
| 25 |
16 | Exercise of Mayor’s functions when temporarily unable to act |
| |
(1) | Part 3 of Schedule 4 to the GLA Act 1999 (exercise of functions when Mayor |
| |
temporarily unable to act etc) is amended as follows. |
| |
(2) | In paragraph 15(1) (exceptions to rule that Deputy Mayor is to exercise |
| |
Mayor’s functions) omit paragraph (a) (functions under Schedule 6 or 7). |
| 30 |
(3) | For paragraph 16 (setting the budget during the period) substitute— |
| |
“16 | If and so long as any functions of the Mayor under Schedule 6 or 7 to |
| |
this Act are exercisable by the Deputy Mayor pursuant to paragraph |
| |
14 above, the Deputy Mayor shall not act as an Assembly member in |
| |
relation to any functions of the Assembly under either of those |
| 35 |
| |
(4) | Paragraph 18 (exercise of Deputy Mayor’s functions by Chair) is amended as |
| |
| |
(5) | In sub-paragraph (2)(a) (which provides for paragraphs 14 and 15 to have |
| |
effect with the substitution of references to the Chair of the Assembly) after |
| 40 |
“Chair of the Assembly” insert “(but see sub-paragraph (2A) below)”. |
| |
|
| |
|
| |
|
(6) | After sub-paragraph (2) insert— |
| |
“(2A) | The Chair of the Assembly shall not by virtue of sub-paragraph (2)(a) |
| |
above exercise any functions of the Mayor under Schedule 6 or 7 to |
| |
| |
| 5 |
| |
17 | Restrictions on disposal of land: method of giving consent |
| |
(1) | In section 163 of the GLA Act 1999 (restrictions on disposal of land) for |
| |
subsection (6) (consent to be given by order made by statutory instrument) |
| |
| 10 |
“(6) | Any consent under this section must be given in writing.”. |
| |
(2) | The amendment made by this section does not affect the continuing validity of |
| |
any order made under section 163(6) of the GLA Act 1999 before the coming |
| |
into force of this section. |
| |
18 | Membership of Transport for London: eligibility of holders of political office |
| 15 |
(1) | Schedule 10 to the GLA Act 1999 (Transport for London) is amended as |
| |
| |
(2) | In paragraph 2 (membership) the following provisions shall cease to have |
| |
| |
(a) | sub-paragraph (4) (holders of certain political offices to be ineligible for |
| 20 |
| |
(b) | sub-paragraph (5) (cessation of membership on becoming the holder of |
| |
| |
19 | Remuneration and allowances |
| |
(1) | Schedule 10 to the GLA Act 1999 (Transport for London) is amended as |
| 25 |
| |
(2) | In paragraph 2 (membership) in sub-paragraph (6) (terms and conditions of |
| |
appointment, including remuneration)— |
| |
(a) | after “remuneration” insert “and allowances”; |
| |
(b) | at the end insert “(but this is subject to paragraph 3A below)”. |
| 30 |
(3) | After paragraph 3 (chairman and deputy chairman) insert— |
| |
“Remuneration etc not to be paid to members who are also Assembly members |
| |
3A (1) | Payments by way of remuneration or allowances, other than |
| |
allowances in respect of travel or subsistence, shall not be made to |
| |
members of Transport for London who are also Assembly members. |
| 35 |
(2) | Sub-paragraph (1) above does not prevent the payment of an |
| |
allowance under paragraph 2(6) above to the chairman or deputy |
| |
chairman of Transport for London in respect of that office.”. |
| |
|
| |
|
| |
|
| |
The London Development Agency |
| |
| |
(1) | In Schedule 2 to the Regional Development Agencies Act 1998 (c. 45) |
| |
(constitution of the regional development agencies) paragraph 3A |
| 5 |
(remuneration and allowances not to be paid to members of the London |
| |
Development Agency who are also Assembly members) is amended as |
| |
| |
(2) | After sub-paragraph (1) insert— |
| |
“(1A) | Sub-paragraph (1) above does not prevent the payment of an |
| 10 |
allowance under paragraph 3(1) above to the chairman or deputy |
| |
chairman of the London Development Agency in respect of that |
| |
| |
| |
| 15 |
The Health Adviser and the Deputy Health Advisers |
| |
21 | The Health Adviser and the Deputy Health Advisers |
| |
(1) | After section 309 of the GLA Act 1999 insert— |
| |
| |
| 20 |
The Health Adviser and the Deputy Health Advisers |
| |
| |
(1) | There shall be an officer to be known as the Health Adviser to the |
| |
Greater London Authority (“the Health Adviser”). |
| |
(2) | It shall be the function of the Health Adviser to provide any person |
| 25 |
falling within subsection (3) below with advice in relation to any of the |
| |
| |
(a) | anything that appears to the Health Adviser to be a major health |
| |
| |
(b) | the performance of any person’s functions under or by virtue of |
| 30 |
this Act, so far as relating to health, |
| |
(c) | the implementation of the provisions of this Act which impose |
| |
duties in relation to health inequalities between persons living |
| |
in Greater London (see, in particular, sections 30, 41 and 309E to |
| |
| 35 |
| |
| |
| |
|
| |
|
| |
|
| |
| |
(4) | The Health Adviser shall also have such other functions as may be |
| |
conferred or imposed on him by or under this Act or any other Act |
| |
| 5 |
(5) | Any function exercisable by the Health Adviser is also exercisable by a |
| |
Deputy Health Adviser (see section 309C) if or to the extent that the |
| |
Health Adviser so authorises, whether generally or specially, and |
| |
subject to any conditions imposed by the Health Adviser. |
| |
(6) | Any authorisation under subsection (5) above— |
| 10 |
(a) | must be in writing, and |
| |
(b) | may be varied or revoked, in writing, at any time by the Health |
| |
| |
309B | The Health Adviser: identity and appointment |
| |
(1) | The person who is the Health Adviser at any time is to be the person |
| 15 |
who at that time is in the employment of the Civil Service of the State |
| |
in the post of Regional Director of Public Health for London. |
| |
(2) | If there ceases to be a post in the Civil Service of the State known as |
| |
Regional Director of Public Health for London, any reference in this |
| |
section to that post is to be taken as a reference to that post in the Civil |
| 20 |
Service of the State which corresponds, or most closely corresponds, to |
| |
that of Regional Director of Public Health for London. |
| |
(3) | If any question arises as to which one of two or more persons is to be |
| |
the Health Adviser, the Secretary of State may designate one of them to |
| |
| 25 |
(4) | If there ceases to be any post in the Civil Service of the State which |
| |
corresponds, or reasonably closely corresponds, to that of Regional |
| |
Director of Public Health for London, subsection (5) below applies. |
| |
(5) | In any such case, the Health Adviser is to be such person as the |
| |
Secretary of State may appoint from among persons who appear to him |
| 30 |
to meet the conditions in subsection (6) below. |
| |
(6) | The conditions are that the person— |
| |
(a) | is in the employment of the Civil Service of the State or is |
| |
employed in the National Health Service, and |
| |
(b) | in either case, holds a senior post in which he has strategic |
| 35 |
responsibilities for public health throughout Greater London. |
| |
(7) | If at any time a person appointed under subsection (5) above ceases to |
| |
hold the post mentioned in subsection (6)(b) above, then at that time he |
| |
also ceases to be the Health Adviser. |
| |
(8) | Nothing in this section implies that a person who ceases to be the |
| 40 |
Health Adviser at any time may not again be the Health Adviser at any |
| |
| |
(9) | The functions of the Health Adviser at any time are functions of his in |
| |
the course of his employment at that time in the Civil Service of the |
| |
State or, as the case may be, in the National Health Service. |
| 45 |
|
| |
|