Greater London Authority Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Greater London Authority Bill

Greater London Authority Bill
Part 4 — Health
21

309C
  The Deputy Health Advisers
(1)
There shall also be one or more officers to be known as Deputy Health
Advisers to the Greater London Authority (“Deputy Health Advisers”).
(2)
The Secretary of State is to appoint one of the Deputy Health Advisers
to exercise the functions of the Health Adviser at any time when—
5
(a)
there is a vacancy in the position of Health Adviser, or
(b)
the person who is the Health Adviser is incapable of
discharging the functions of Health Adviser.
(3)
Any of the Deputy Health Advisers may exercise functions of the
Health Adviser at any time when he is authorised to do so by virtue of
10
an authorisation given by the Health Adviser under subsection (5) of
section 309A above.
(4)
Any exercise of a function by a Deputy Health Adviser by virtue only
of such an authorisation must be in accordance with the authorisation
and any conditions imposed by the Health Adviser under that
15
subsection.
(5)
A Deputy 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).
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
persons who at that time are in the employment of the Civil Service of
the State in any of the posts of Deputy Regional Director of Public
Health for London.
(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
this section to those posts is to be taken as a reference to the post or
posts in the Civil Service of the State which correspond, or most closely
correspond, to the posts of Deputy Regional Director of Public Health
for London.
30
(3)
If any question arises as to which of two or more persons are to be the
Deputy Health Advisers, the Secretary of State may designate one or
more of them to be the Deputy Health Advisers.
(4)
If there cease to be any posts in the Civil Service of the State which
correspond, or reasonably closely correspond, to that of Deputy
35
Regional Director of Public Health for London, subsection (5) below
applies.
(5)
In any such case, the Deputy Health Advisers are to be such one or
more persons as the Secretary of State may appoint from among
persons who appear to him to meet the conditions in subsection (6)
40
below.
(6)
The conditions are that the person is not the Health Adviser but—
(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
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responsibilities for public health throughout Greater London.

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(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 a Deputy Health Adviser.
(8)
Nothing in this section implies that a person who ceases to be a Deputy
Health Adviser at any time may not again be a Deputy Health Adviser
5
at any subsequent time.
(9)
The functions of a Deputy 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.”.
(2)
In section 424 of the GLA Act 1999 (interpretation), in subsection (1), insert
10
each of the following definitions at the appropriate place—
“ “Deputy Health Adviser” is to be read in accordance with sections 309C
and 309D above;”,
“ “Health Adviser” is to be read in accordance with sections 309A and
309B above;”.
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Reduction of health inequalities
22
The health inequalities strategy
(1)
In Part 5A of the GLA Act 1999 (health) after section 309D (which is inserted by
section 21 of this Act) insert—
“The health inequalities strategy
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309E
  The Mayor’s health inequalities strategy
(1)
The Mayor shall prepare and publish a document to be known as the
“health inequalities strategy”.
(2)
The strategy shall contain the Mayor’s proposals and policies for
promoting the reduction of health inequalities between persons living
25
in Greater London.
(3)
The proposals and policies are to be addressed to the mitigation of
differences in general health determinants (see section 309F(5)).
(4)
The strategy must—
(a)
identify any issues that appear to the Mayor to be major health
30
issues where there are health inequalities between persons
living in Greater London,
(b)
identify those inequalities,
(c)
specify priorities for reducing those inequalities,
(d)
describe the role to be performed by any relevant body or
35
person for the purpose of implementing the strategy.
(5)
For the purposes of this section, each of the following are relevant
bodies or persons—
(a)
the Authority,
(b)
any functional body,
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(c)
the Health Adviser,

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Part 4 — Health
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(d)
any Strategic Health Authority established for an area which
consists of or includes the whole or part of Greater London (see
section 13 of the National Health Service Act 2006),
(e)
any Primary Care Trust established for an area in Greater
London (see section 18 of the National Health Service Act 2006),
5
(f)
any National Health Service trust any or all of whose hospitals,
establishments or facilities are situated in Greater London (see
section 25 of the National Health Service Act 2006),
(g)
any NHS foundation trust any or all of whose hospitals,
establishments or facilities are situated in Greater London (see
10
Chapter 5 of Part 2 of the National Health Service Act 2006),

and any body or person not falling within any of the preceding
paragraphs which appears to the Mayor to have responsibilities in
relation to Greater London, or any part of Greater London, with respect
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.
(7)
Section 309G contains supplementary provision with respect to the
preparation and revision of the strategy.
(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”
(1)
Any reference in this Act to health inequalities between persons living
in Greater London is to be read in accordance with this section.
(2)
For that purpose—
(a)
subsection (3) makes provision as to the meaning of “between
25
persons living in Greater London”, and
(b)
subsection (4), as read with subsection (5), makes provision as
to the meaning of “health inequalities”.
(3)
Any reference to health inequalities “between persons living in Greater
London” is a reference to health inequalities between persons, or
30
persons of different descriptions, living in, or in different parts of,
Greater London.
(4)
“Health inequalities” means inequalities in respect of life expectancy or
general state of health which are wholly or partly a result of differences
in respect of general health determinants (see subsection (5)).
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(5)
“General health determinants” are—
(a)
standards of housing, transport services or public safety,
(b)
employment prospects, earning capacity and any other matters
that affect levels of prosperity,
(c)
the degree of ease or difficulty with which persons have access
40
to public services,
(d)
the use, or level of use, of tobacco, alcohol or other substances
that are or may be harmful to health, and any other matters of
personal behaviour or lifestyle,

and any other matters that are determinants of life expectancy or the
45
state of health of persons generally, other than genetic or biological
factors.

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Part 4 — Health
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309G
  Preparation and revision of the strategy: procedural matters
(1)
In preparing or revising the health inequalities strategy the Mayor shall
have regard to any guidance given to him by the Secretary of State
about the matters which he is to take into account.
(2)
It shall be the duty of the Mayor and the Health Adviser to collaborate
5
and co-operate with each other—
(a)
generally, for the purposes of the preparation or any revision of
the health inequalities strategy, and
(b)
in particular, for the purpose of ascertaining the issues that are
to be identified in the strategy pursuant to section 309E(4)(a)
10
above.
(3)
For the purpose of discharging the duty imposed on each of them by
subsection (2) above, the Mayor and the Health Adviser shall each
provide to the other such information as may reasonably be required by
the other.
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(4)
In preparing or revising the strategy, the Mayor must consult such of
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
strategy.
(5)
The consultation required by subsection (4) above is consultation
20
about—
(a)
the matters to be included, and
(b)
the issues to be taken into account.
(6)
The Mayor must not publish the strategy, or any revision of the
strategy, unless he has first published a final draft for the purposes of
25
the relevant consultation requirements.
(7)
In subsection (6) above the “relevant consultation requirements”
means—
(a)
consultation pursuant to section 42 above;
(b)
consultation pursuant to subsection (4) above.
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(8)
Where the Mayor revises the health inequalities strategy, he shall
publish it as revised.
(9)
References in this Act to the health inequalities strategy include a
reference to the health inequalities strategy as revised, except where the
context otherwise requires.
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309H
  Directions by the Secretary of State
(1)
Where the Secretary of State considers that—
(a)
the health inequalities strategy (or any part of it) is inconsistent
with any national policies of any description, and
(b)
the inconsistency would have a detrimental effect on achieving
40
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.
(2)
Where the Secretary of State gives the Mayor a direction under
subsection (1) above, the Mayor shall revise the health inequalities
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strategy in accordance with the direction.

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(3)
The Secretary of State must consult the Mayor before giving him a
direction under this section.
(4)
Apart from subsection (1) (Mayor to have regard to guidance), nothing
in section 309G above applies in relation to a revision of the health
inequalities strategy in accordance with a direction under this section.”.
5
(2)
In section 424 of the GLA Act 1999 (interpretation) insert each of the following
definitions at the appropriate place in subsection (1)—
“ “general health determinants” has the meaning given in section 309F
above;”;
“ “health inequalities between persons living in Greater London” is to be
10
read in accordance with section 309F above;”.
23
The general power of the Authority: duty to have regard
(1)
Section 30 of the GLA Act 1999 (the general power of the Authority) is
amended as follows.
(2)
In subsection (4) (exercise of powers: duty to have regard to effect on health of
15
persons in Greater London etc)—
(a)
in the opening words, after “would have on” insert “each of the
following”;
(b)
for the word “and” at the end of paragraph (a) substitute the following
paragraph—
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“(aa)
health inequalities between persons living in Greater
London;”.
(3)
In subsection (5) (duty to exercise powers in ways best calculated to achieve
certain objectives)—
(a)
for the word “and” at the end of paragraph (a) substitute the following
25
paragraph—
“(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)”
30
insert “, (aa)”.
(4)
After subsection (6) insert—
“(6A)
In subsection (5)(aa) above, the reference to promoting the reduction of
health inequalities includes a reference to mitigating any increase in
health inequalities which would otherwise be occasioned by the
35
exercise of the power.”.
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General duties of the Mayor with respect to his strategies
(1)
Section 41 of the GLA Act 1999 (general duties of the Mayor with respect to his
strategies) is amended as follows.
(2)
In subsection (1) (the strategies to which the section applies) after paragraph
40
(b) insert—
“(bb)
the health inequalities strategy prepared and published under
section 309E below,”.

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Part 5 — The London Fire and Emergency Planning Authority
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(3)
In subsection (4) (duty to have regard to certain matters in preparing strategies)
in paragraph (b)—
(a)
after “would have on” insert “each of the following”;
(b)
for the word “and” at the end of sub-paragraph (i) substitute the
following sub-paragraph—
5
“(ia)
health inequalities between persons living in
Greater London;”.
(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
paragraph—
“(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)”
15
insert “, (aa)”.
(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
health inequalities which would otherwise be occasioned by the
20
strategy or revision.”.
Part 5
The London Fire and Emergency Planning Authority
25
Membership
(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
described)—
(a)
in paragraph (a) (the nine Assembly representatives) for “nine”
substitute “8”,
30
(b)
for the words from “and” at the end of paragraph (a) to “the remainder”
in paragraph (b) (the eight borough representatives) substitute—
“(b)
7”,
(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
(1)”,
(b)
after “for whose appointment he is responsible” insert “under that
paragraph”.
(4)
In paragraph 8 of that Schedule (filling of vacancies) after sub-paragraph (3)
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Greater London Authority Bill
Part 5 — The London Fire and Emergency Planning Authority
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insert—
    “(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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Allowances
(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
15

After section 328 of the GLA Act 1999 (reconstitution of the Fire etc Authority)
insert—
“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
functions,
(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.
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(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.
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(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
State).
(6)
In this section—
“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;