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
15

      (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
Assembly as follows.
5
      (6)
Find NM and OM, where—
NM is the first draft component budget requirement for the
Mayor, before implementing any amendments under
paragraph 4(3) above;
OM is the component budget requirement for the Mayor for the
10
previous financial year.
      (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
percentage.

The result is the adjusted previous component budget requirement
for the Assembly.
      (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
percentage.

The result is the adjusted previous component budget requirement
for the Assembly.
25
      (9)
If NM equals OM, then—
(a)
the adjusted previous component budget requirement for the
Assembly,
  equals
(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
to this Act;
(b)
the “first draft component budget” for any constituent body
is the draft component budget for that body comprised in the
first draft;
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
body.”.

Greater London Authority Bill
Part 1 — General functions of the Authority
16

(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
the Assembly, and
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,
  exceeds
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
Assembly as follows.
      (6)
Find NM and OM, where—
NM is the final draft component budget requirement for the
Mayor, before implementing any amendments under
25
paragraph 7(3) above;
OM is the component budget requirement for the Mayor for the
previous financial year.
      (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
percentage.

The result is the adjusted previous component budget requirement
for the Assembly.
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
percentage.
40

The result is the adjusted previous component budget requirement
for the Assembly.
      (9)
If NM equals OM, then—
(a)
the adjusted previous component budget requirement for the
Assembly,
45
  equals

Greater London Authority Bill
Part 1 — General functions of the Authority
17

(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.
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(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—
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“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)
has effect;
“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
Schedules.”.
(4)
Paragraph 18 (exercise of Deputy Mayor’s functions by Chair) is amended as
follows.
(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)”.

Greater London Authority Bill
Part 2 — Transport
18

(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
this Act.”.
Part 2
5
Transport
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)
substitute—
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
follows.
(2)
In paragraph 2 (membership) the following provisions shall cease to have
effect—
(a)
sub-paragraph (4) (holders of certain political offices to be ineligible for
20
membership), and
(b)
sub-paragraph (5) (cessation of membership on becoming the holder of
such an office).
19
Remuneration and allowances
(1)
Schedule 10 to the GLA Act 1999 (Transport for London) is amended as
25
follows.
(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.”.

Greater London Authority Bill
Part 4 — Health
19

Part 3
The London Development Agency
20
Allowances
(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
follows.
(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
office.”.
Part 4
Health
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—
“Part 5A
Health
20
The Health Adviser and the Deputy Health Advisers
309A
  The Health Adviser
(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
following—
(a)
anything that appears to the Health Adviser to be a major health
issue,
(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
309H).
35
(3)
The persons are—
(a)
the Authority,
(b)
the Mayor,

Greater London Authority Bill
Part 4 — Health
20

(c)
any Assembly member,
(d)
any functional body.
(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
(whenever passed).
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
Adviser.
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
be the Health Adviser.
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
subsequent time.
(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.
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