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309C | The Deputy Health Advisers |
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(1) | There shall also be one or more officers to be known as Deputy Health |
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Advisers to the Greater London Authority (“Deputy Health Advisers”). |
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(2) | The Secretary of State is to appoint one of the Deputy Health Advisers |
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to exercise the functions of the Health Adviser at any time when— |
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(a) | there is a vacancy in the position of Health Adviser, or |
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(b) | the person who is the Health Adviser is incapable of |
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discharging the functions of Health Adviser. |
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(3) | Any of the Deputy Health Advisers may exercise functions of the |
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Health Adviser at any time when he is authorised to do so by virtue of |
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an authorisation given by the Health Adviser under subsection (5) of |
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(4) | Any exercise of a function by a Deputy Health Adviser by virtue only |
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of such an authorisation must be in accordance with the authorisation |
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and any conditions imposed by the Health Adviser under that |
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(5) | A Deputy Health Adviser shall also have such other functions as may |
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be conferred or imposed on him by or under this Act or any other Act |
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309D | Deputy Health Advisers: identity and appointment |
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(1) | The persons who are Deputy Health Advisers at any time are to be the |
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persons who at that time are in the employment of the Civil Service of |
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the State in any of the posts of Deputy Regional Director of Public |
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(2) | If there cease to be any posts in the Civil Service of the State known as |
| 25 |
Deputy Regional Director of Public Health for London, any reference in |
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this section to those posts is to be taken as a reference to the post or |
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posts in the Civil Service of the State which correspond, or most closely |
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correspond, to the posts of Deputy Regional Director of Public Health |
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(3) | If any question arises as to which of two or more persons are to be the |
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Deputy Health Advisers, the Secretary of State may designate one or |
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more of them to be the Deputy Health Advisers. |
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(4) | If there cease to be any posts in the Civil Service of the State which |
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correspond, or reasonably closely correspond, to that of Deputy |
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Regional Director of Public Health for London, subsection (5) below |
| |
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(5) | In any such case, the Deputy Health Advisers are to be such one or |
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more persons as the Secretary of State may appoint from among |
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persons who appear to him to meet the conditions in subsection (6) |
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(6) | The conditions are that the person is not the Health Adviser but— |
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(a) | is in the employment of the Civil Service of the State or is |
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employed in the National Health Service, and |
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(b) | in either case, holds a senior post in which he has strategic |
| 45 |
responsibilities for public health throughout Greater London. |
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|
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|
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(7) | If at any time a person appointed under subsection (5) above ceases to |
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hold the post mentioned in subsection (6)(b) above, then at that time he |
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also ceases to be a Deputy Health Adviser. |
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(8) | Nothing in this section implies that a person who ceases to be a Deputy |
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Health Adviser at any time may not again be a Deputy Health Adviser |
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(9) | The functions of a Deputy Health Adviser at any time are functions of |
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his in the course of his employment at that time in the Civil Service of |
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the State or, as the case may be, in the National Health Service.”. |
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(2) | In section 424 of the GLA Act 1999 (interpretation), in subsection (1), insert |
| 10 |
each of the following definitions at the appropriate place— |
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“ “Deputy Health Adviser” is to be read in accordance with sections 309C |
| |
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“ “Health Adviser” is to be read in accordance with sections 309A and |
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Reduction of health inequalities |
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22 | The health inequalities strategy |
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(1) | In Part 5A of the GLA Act 1999 (health) after section 309D (which is inserted by |
| |
section 21 of this Act) insert— |
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“The health inequalities strategy |
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309E | The Mayor’s health inequalities strategy |
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(1) | The Mayor shall prepare and publish a document to be known as the |
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“health inequalities strategy”. |
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(2) | The strategy shall contain the Mayor’s proposals and policies for |
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promoting the reduction of health inequalities between persons living |
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(3) | The proposals and policies are to be addressed to the mitigation of |
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differences in general health determinants (see section 309F(5)). |
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(a) | identify any issues that appear to the Mayor to be major health |
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issues where there are health inequalities between persons |
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living in Greater London, |
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(b) | identify those inequalities, |
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(c) | specify priorities for reducing those inequalities, |
| |
(d) | describe the role to be performed by any relevant body or |
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person for the purpose of implementing the strategy. |
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(5) | For the purposes of this section, each of the following are relevant |
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|
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|
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(d) | any Strategic Health Authority established for an area which |
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consists of or includes the whole or part of Greater London (see |
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section 13 of the National Health Service Act 2006), |
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(e) | any Primary Care Trust established for an area in Greater |
| |
London (see section 18 of the National Health Service Act 2006), |
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(f) | any National Health Service trust any or all of whose hospitals, |
| |
establishments or facilities are situated in Greater London (see |
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section 25 of the National Health Service Act 2006), |
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(g) | any NHS foundation trust any or all of whose hospitals, |
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establishments or facilities are situated in Greater London (see |
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Chapter 5 of Part 2 of the National Health Service Act 2006), |
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| and any body or person not falling within any of the preceding |
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paragraphs which appears to the Mayor to have responsibilities in |
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relation to Greater London, or any part of Greater London, with respect |
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to any of the matters that are general health determinants. |
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(6) | Section 309F makes provision as to the meaning of “health inequalities |
| |
between persons living in Greater London” for the purposes of this Act. |
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(7) | Section 309G contains supplementary provision with respect to the |
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preparation and revision of the strategy. |
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(8) | Section 309H makes provision for directions by the Secretary of State. |
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309F | “Health inequalities between persons living in Greater London” |
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(1) | Any reference in this Act to health inequalities between persons living |
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in Greater London is to be read in accordance with this section. |
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(a) | subsection (3) makes provision as to the meaning of “between |
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persons living in Greater London”, and |
| |
(b) | subsection (4), as read with subsection (5), makes provision as |
| |
to the meaning of “health inequalities”. |
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(3) | Any reference to health inequalities “between persons living in Greater |
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London” is a reference to health inequalities between persons, or |
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persons of different descriptions, living in, or in different parts of, |
| |
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(4) | “Health inequalities” means inequalities in respect of life expectancy or |
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general state of health which are wholly or partly a result of differences |
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in respect of general health determinants (see subsection (5)). |
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(5) | “General health determinants” are— |
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(a) | standards of housing, transport services or public safety, |
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(b) | employment prospects, earning capacity and any other matters |
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that affect levels of prosperity, |
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(c) | the degree of ease or difficulty with which persons have access |
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(d) | the use, or level of use, of tobacco, alcohol or other substances |
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that are or may be harmful to health, and any other matters of |
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personal behaviour or lifestyle, |
| |
| and any other matters that are determinants of life expectancy or the |
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state of health of persons generally, other than genetic or biological |
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|
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|
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309G | Preparation and revision of the strategy: procedural matters |
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(1) | In preparing or revising the health inequalities strategy the Mayor shall |
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have regard to any guidance given to him by the Secretary of State |
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about the matters which he is to take into account. |
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(2) | It shall be the duty of the Mayor and the Health Adviser to collaborate |
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and co-operate with each other— |
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(a) | generally, for the purposes of the preparation or any revision of |
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the health inequalities strategy, and |
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(b) | in particular, for the purpose of ascertaining the issues that are |
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to be identified in the strategy pursuant to section 309E(4)(a) |
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(3) | For the purpose of discharging the duty imposed on each of them by |
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subsection (2) above, the Mayor and the Health Adviser shall each |
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provide to the other such information as may reasonably be required by |
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(4) | In preparing or revising the strategy, the Mayor must consult such of |
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the relevant bodies or persons (within the meaning given by section |
| |
309E(5) above) as appear to him to be likely to be affected by the |
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(5) | The consultation required by subsection (4) above is consultation |
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(a) | the matters to be included, and |
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(b) | the issues to be taken into account. |
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(6) | The Mayor must not publish the strategy, or any revision of the |
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strategy, unless he has first published a final draft for the purposes of |
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the relevant consultation requirements. |
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(7) | In subsection (6) above the “relevant consultation requirements” |
| |
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(a) | consultation pursuant to section 42 above; |
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(b) | consultation pursuant to subsection (4) above. |
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(8) | Where the Mayor revises the health inequalities strategy, he shall |
| |
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(9) | References in this Act to the health inequalities strategy include a |
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reference to the health inequalities strategy as revised, except where the |
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context otherwise requires. |
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309H | Directions by the Secretary of State |
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(1) | Where the Secretary of State considers that— |
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(a) | the health inequalities strategy (or any part of it) is inconsistent |
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with any national policies of any description, and |
| |
(b) | the inconsistency would have a detrimental effect on achieving |
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any or all of the objectives of those policies, |
| |
| he may direct the Mayor to make such revisions of the strategy in order |
| |
to remove the inconsistency as may be specified in the direction. |
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(2) | Where the Secretary of State gives the Mayor a direction under |
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subsection (1) above, the Mayor shall revise the health inequalities |
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strategy in accordance with the direction. |
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|
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|
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|
(3) | The Secretary of State must consult the Mayor before giving him a |
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direction under this section. |
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(4) | Apart from subsection (1) (Mayor to have regard to guidance), nothing |
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in section 309G above applies in relation to a revision of the health |
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inequalities strategy in accordance with a direction under this section.”. |
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(2) | In section 424 of the GLA Act 1999 (interpretation) insert each of the following |
| |
definitions at the appropriate place in subsection (1)— |
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“ “general health determinants” has the meaning given in section 309F |
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“ “health inequalities between persons living in Greater London” is to be |
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read in accordance with section 309F above;”. |
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23 | The general power of the Authority: duty to have regard |
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(1) | Section 30 of the GLA Act 1999 (the general power of the Authority) is |
| |
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(2) | In subsection (4) (exercise of powers: duty to have regard to effect on health of |
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persons in Greater London etc)— |
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(a) | in the opening words, after “would have on” insert “each of the |
| |
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(b) | for the word “and” at the end of paragraph (a) substitute the following |
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“(aa) | health inequalities between persons living in Greater |
| |
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(3) | In subsection (5) (duty to exercise powers in ways best calculated to achieve |
| |
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(a) | for the word “and” at the end of paragraph (a) substitute the following |
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“(aa) | to promote the reduction of health inequalities between |
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persons living in Greater London, and”; |
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(b) | in the closing words (exception where action needed by virtue of |
| |
paragraph (a) or (b) is not reasonably practicable) after “paragraph (a)” |
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(4) | After subsection (6) insert— |
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“(6A) | In subsection (5)(aa) above, the reference to promoting the reduction of |
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health inequalities includes a reference to mitigating any increase in |
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health inequalities which would otherwise be occasioned by the |
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24 | General duties of the Mayor with respect to his strategies |
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(1) | Section 41 of the GLA Act 1999 (general duties of the Mayor with respect to his |
| |
strategies) is amended as follows. |
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(2) | In subsection (1) (the strategies to which the section applies) after paragraph |
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“(bb) | the health inequalities strategy prepared and published under |
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|
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(3) | In subsection (4) (duty to have regard to certain matters in preparing strategies) |
| |
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(a) | after “would have on” insert “each of the following”; |
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(b) | for the word “and” at the end of sub-paragraph (i) substitute the |
| |
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“(ia) | health inequalities between persons living in |
| |
| |
(4) | In subsection (7) (duty to include policies and proposals best calculated to |
| |
achieve certain objectives)— |
| |
(a) | for the word “and” at the end of paragraph (a) substitute the following |
| 10 |
| |
“(aa) | to promote the reduction of health inequalities between |
| |
persons living in Greater London, and”; |
| |
(b) | in the closing words (exception where action needed by virtue of |
| |
paragraph (a) or (b) is not reasonably practicable) after “paragraph (a)” |
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(5) | After subsection (8) insert— |
| |
“(8A) | In subsection (7)(aa) above, the reference to promoting the reduction of |
| |
health inequalities includes a reference to mitigating any increase in |
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health inequalities which would otherwise be occasioned by the |
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| |
| |
The London Fire and Emergency Planning Authority |
| |
| |
(1) | In Schedule 28 to the GLA Act 1999 (the London Fire and Emergency Planning |
| 25 |
Authority) paragraph 1 (membership) is amended as follows. |
| |
(2) | In sub-paragraph (1) (membership of seventeen, made up as there |
| |
| |
(a) | in paragraph (a) (the nine Assembly representatives) for “nine” |
| |
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(b) | for the words from “and” at the end of paragraph (a) to “the remainder” |
| |
in paragraph (b) (the eight borough representatives) substitute— |
| |
| |
(c) | after paragraph (b) insert “, |
| |
(c) | 2 (“the Mayoral representatives”) shall be persons |
| 35 |
appointed by the Mayor on his own nomination”, |
| |
(d) | in consequence, in the opening words of the sub-paragraph, |
| |
“seventeen” accordingly becomes “17”. |
| |
(3) | In sub-paragraph (2) (appointments under sub-paragraph (1)(a) to reflect |
| |
balance of parties in the Assembly)— |
| 40 |
(a) | for “sub-paragraph (1)(a)” substitute “paragraph (a) of sub-paragraph |
| |
| |
(b) | after “for whose appointment he is responsible” insert “under that |
| |
| |
(4) | In paragraph 8 of that Schedule (filling of vacancies) after sub-paragraph (3) |
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|
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|
| |
|
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“(4) | Where a Mayoral representative ceases to be a member of the Fire etc |
| |
Authority, the Mayor shall, as soon as reasonably practicable after |
| |
the occurrence of the vacancy, exercise his power under sub- |
| |
paragraph 1(1)(c) above to fill the vacancy.”. |
| 5 |
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(1) | In Schedule 28 to the GLA Act 1999 (the London Fire and Emergency Planning |
| |
Authority) paragraph 4 (allowances not to be paid to members who are also |
| |
Assembly members) is amended as follows. |
| |
(2) | After sub-paragraph (2) insert— |
| 10 |
“(3) | Sub-paragraph (1) above does not prevent the payment of an |
| |
allowance to a member of the Fire etc Authority if he is the chairman |
| |
or vice-chairman of the Fire etc Authority and the allowance is in |
| |
respect of that office.”. |
| |
27 | Directions etc by the Mayor |
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| After section 328 of the GLA Act 1999 (reconstitution of the Fire etc Authority) |
| |
| |
“328A | Directions etc by the Mayor |
| |
(1) | The Mayor may issue to the Fire etc Authority any of the following— |
| |
(a) | guidance as to the manner in which it is to exercise its functions, |
| 20 |
(b) | general directions as to the manner in which it is to exercise its |
| |
| |
(c) | specific directions as to the exercise of its functions. |
| |
(2) | Directions issued by the Mayor under subsection (1)(c) above may |
| |
include a direction not to exercise a power specified in the direction. |
| 25 |
(3) | The guidance or directions which may be issued by the Mayor under |
| |
subsection (1) above include guidance or directions as to the manner in |
| |
which the Fire etc Authority— |
| |
(a) | is to perform any of its duties, or |
| |
(b) | is to conduct any legal proceedings. |
| 30 |
(4) | The Mayor must send to the chief officer of the Fire etc Authority a copy |
| |
of any guidance or directions issued under subsection (1) above. |
| |
(5) | In exercising any power conferred by this section, the Mayor must have |
| |
regard to each of the following— |
| |
(a) | the Fire and Rescue National Framework (see subsection (6)), |
| 35 |
(b) | fire safety enforcement guidance (see subsection (6)). |
| |
| See also section 328B below (directions to the Mayor by the Secretary of |
| |
| |
| |
“the Fire and Rescue National Framework” means the Fire and |
| 40 |
Rescue National Framework, prepared under section 21 of the |
| |
Fire and Rescue Services Act 2004; |
| |
|
| |
|