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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

20

(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

45

responsibilities for public health throughout Greater London.

 
 

Greater London Authority Bill
Part 4 — Health

22

 

(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;”.

15

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

20

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,

40

(c)   

the Health Adviser,

 
 

Greater London Authority Bill
Part 4 — Health

23

 

(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.

15

(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.

20

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)).

35

(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.

 
 

Greater London Authority Bill
Part 4 — Health

24

 

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.

15

(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.

30

(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.

35

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

45

strategy in accordance with the direction.

 
 

Greater London Authority Bill
Part 4 — Health

25

 

(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—

20

“(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.”.

24      

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,”.

 
 

Greater London Authority Bill
Part 5 — The London Fire and Emergency Planning Authority

26

 

(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)

45

 
 

Greater London Authority Bill
Part 5 — The London Fire and Emergency Planning Authority

27

 

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

26      

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.

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

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;

 
 

 
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