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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.

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)

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.

45

 
 

 
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Revised 28 November 2006