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37 | Information about waste contracts |
| |
(1) | Section 358 of the GLA Act 1999 (information about new waste contracts) is |
| |
| |
(2) | For subsection (1) substitute— |
| |
“(1) | If, in the awarding of a waste contract, a waste authority in compliance |
| 5 |
with the public procurement regulations is required— |
| |
(a) | to send to the European Commission a first information notice |
| |
relating to the awarding of the contract, or |
| |
(b) | to publish such a notice on the authority’s buyer profile, |
| |
| subsection (1A) below applies. |
| 10 |
(1A) | The authority shall not send or publish that notice unless— |
| |
(a) | it has notified the Mayor that it proposes to send or publish such |
| |
| |
(b) | a period of at least 56 days beginning with the day on which the |
| |
Mayor is so notified has elapsed.”. |
| 15 |
(3) | After subsection (1A) insert— |
| |
“(1B) | If, in the awarding of a waste contract, a waste authority in compliance |
| |
with the public procurement regulations— |
| |
(a) | is not required to send or publish a first information notice, but |
| |
(b) | is required to send to the Official Journal of the European Union |
| 20 |
a second information notice relating to the awarding of the |
| |
| |
| subsection (1C) below applies. |
| |
(1C) | The authority shall not send that notice unless— |
| |
(a) | it has notified the Mayor that it proposes to send such a notice, |
| 25 |
| |
(b) | a period of at least 108 days beginning with the day on which |
| |
the Mayor is so notified has elapsed.”. |
| |
(4) | In subsection (3) for “subsection (1)” substitute “subsection (1A), (1C)”. |
| |
(5) | In section 356(3) of that Act (directions by Mayor) for “Official Journal of the |
| 30 |
European Communities” substitute “Official Journal of the European Union”. |
| |
(6) | Section 360 of that Act (interpretation) is amended as follows. |
| |
(7) | In subsection (2) insert at the appropriate place— |
| |
““buyer profile” has the same meaning as in the public |
| |
procurement regulations,”. |
| 35 |
(8) | In subsection (3)(a) and (b) for “the Official Journal of the European Union” |
| |
substitute “the European Commission”. |
| |
Climate change and energy |
| |
38 | Duty of Mayor and Assembly to address climate change |
| |
In Part 9 of the GLA Act 1999 (environmental functions) after section 361 |
| 40 |
|
| |
|
| |
|
| |
“Climate change, energy etc |
| |
361A | Duties of Mayor and Assembly with respect to climate change |
| |
(1) | The Mayor and the Assembly are each under a duty to address climate |
| |
change, so far as relating to Greater London. |
| 5 |
(2) | In the case of the Mayor, the duty consists of each of the following— |
| |
(a) | to take action with a view to mitigation of, or adaptation to, |
| |
climate change (see subsections (5) and (6) below), |
| |
(b) | in exercising any of his functions under this Act or any other Act |
| |
(whenever passed), to take into account any policies announced |
| 10 |
by Her Majesty’s government with respect to climate change or |
| |
the consequences of climate change, |
| |
(c) | to comply with any guidance or directions issued to the |
| |
Authority by the Secretary of State with respect to the means by |
| |
which, or manner in which, the Mayor is to perform the duties |
| 15 |
imposed on him by paragraph (a) or (b) above. |
| |
(3) | In the case of the Assembly, the duty consists of each of the following— |
| |
(a) | in exercising any functions of the Assembly under this Act or |
| |
any other Act (whenever passed), to take into account any |
| |
policies announced by Her Majesty’s government with respect |
| 20 |
to climate change or the consequences of climate change, |
| |
(b) | to comply with any guidance or directions issued to the |
| |
Authority by the Secretary of State with respect to the means by |
| |
which, or manner in which, the Assembly is to perform the |
| |
duties imposed by paragraph (a) above. |
| 25 |
(4) | Any reference in this section to functions of the Mayor, or functions of |
| |
the Assembly, includes a reference to functions exercisable by the |
| |
Mayor and the Assembly acting jointly on behalf of the Authority. |
| |
(5) | For the purposes of this section— |
| |
(a) | “climate change” means changes in climate which are, or which |
| 30 |
might reasonably be thought to be, the result of human activity |
| |
altering the composition of the global atmosphere and which |
| |
are in addition to natural climate variability; and |
| |
(b) | “changes in climate” includes a reference to changes in climate |
| |
which are reasonably expected, or might reasonably be |
| 35 |
expected, to happen or which are reasonably thought to be |
| |
happening or to have recently happened. |
| |
| |
“adaptation”, in relation to climate change, means preparation for, |
| |
or adjustment in response to, any consequences of climate |
| 40 |
change appearing to the Mayor to affect Greater London; |
| |
“consequences”, in relation to climate change— |
| |
(a) | means consequences which have occurred, are |
| |
occurring or might reasonably be expected to occur, and |
| |
(b) | includes any phenomena reasonably thought to be |
| 45 |
consequences of climate change; |
| |
“mitigation”, in relation to climate change, includes prevention.”. |
| |
|
| |
|
| |
|
39 | The London climate change mitigation and energy strategy |
| |
(1) | In section 41 of the GLA Act 1999 (general duties of the Mayor in relation to his |
| |
strategies) in subsection (1) (which lists the strategies to which the section |
| |
applies) after paragraph (e) insert— |
| |
“(ee) | the London climate change mitigation and energy strategy |
| 5 |
prepared and published under section 361B below,”. |
| |
(2) | In Part 9 of the GLA Act 1999 (environmental functions) after section 361A |
| |
| |
“361B | The London climate change mitigation and energy strategy |
| |
(1) | The Mayor shall prepare and publish a document to be known as the |
| 10 |
“London climate change mitigation and energy strategy”. |
| |
(2) | The London climate change mitigation and energy strategy shall |
| |
contain the Mayor’s proposals and policies for assisting in each of the |
| |
| |
(a) | the implementation in Greater London of national policies |
| 15 |
relating to the mitigation of climate change, |
| |
(b) | the implementation in Greater London of national policies |
| |
| |
(c) | the achievement in Greater London of any standards or |
| |
objectives specified or described in any of the national policies |
| 20 |
mentioned in paragraph (a) or (b) above. |
| |
(3) | The strategy must include the Mayor’s proposals and policies relating |
| |
to each of the following— |
| |
(a) | minimising emissions of carbon dioxide from the use of energy |
| |
in Greater London for the purposes of surface transport, |
| 25 |
(b) | minimising emissions of carbon dioxide from the use of energy |
| |
in Greater London for purposes other than those of |
| |
| |
(c) | supporting innovation, and encouraging investment, in energy |
| |
technologies in Greater London, |
| 30 |
(d) | promoting the efficient production and use of energy in Greater |
| |
| |
(4) | The strategy shall also contain information about— |
| |
(a) | the pattern of energy use in Greater London, |
| |
(b) | the levels of emissions of carbon dioxide from the use of energy |
| 35 |
| |
(c) | the number of households in Greater London in which one or |
| |
more persons are living in fuel poverty, within the meaning of |
| |
the Warm Homes and Energy Conservation Act 2000 (see |
| |
| 40 |
(d) | the measures to be taken, for the purpose of implementing the |
| |
strategy, by each of the following— |
| |
| |
(ii) | Transport for London, |
| |
(iii) | the London Development Agency, |
| 45 |
(e) | the measures which other bodies or persons are to be |
| |
encouraged by the Mayor to take for the purpose of |
| |
implementing the strategy. |
| |
|
| |
|
| |
|
(5) | The Mayor must have regard to any guidance given to him by the |
| |
Secretary of State in relation to the preparation or revision of the |
| |
| |
(6) | In preparing or revising the strategy the Mayor must also have regard |
| |
to national policies relating to— |
| 5 |
(a) | mitigating climate change; |
| |
(b) | securing or maintaining reliable supplies of energy; |
| |
(c) | promoting competitive markets in energy; |
| |
(d) | reducing the number of households in which one or more |
| |
persons are living in fuel poverty, within the meaning of the |
| 10 |
Warm Homes and Energy Conservation Act 2000. |
| |
(7) | In preparing or revising the strategy the Mayor must consult each of the |
| |
| |
(a) | the Gas and Electricity Markets Authority, |
| |
(b) | the Gas and Electricity Consumer Council, |
| 15 |
(c) | prescribed holders of licences granted under— |
| |
(i) | section 7 or 7A of the Gas Act 1986, or |
| |
(ii) | section 6 of the Electricity Act 1989. |
| |
(8) | If at any time (whether before, on or after the day on which this Act is |
| |
passed) there ceases to be— |
| 20 |
(a) | a body known as the Gas and Electricity Markets Authority, or |
| |
(b) | a body known as the Gas and Electricity Consumer Council, |
| |
| the Secretary of State may by order amend subsection (7) above so as to |
| |
substitute for that body such other body as he may consider |
| |
| 25 |
(9) | An order under subsection (8) above may have effect in relation to |
| |
times before the day on which it is made. |
| |
| |
“climate change” has the same meaning as in section 361A above; |
| |
“energy technologies” means technologies for— |
| 30 |
(a) | the production of energy, or |
| |
(b) | the more efficient or effective use of energy; |
| |
“mitigation” has the same meaning as in section 361A above; |
| |
“prescribed” means specified or described in guidance under |
| |
| 35 |
“surface transport” means any form of transport other than |
| |
| |
361C | Directions by the Secretary of State to revise the strategy |
| |
(1) | Where the Secretary of State considers that— |
| |
(a) | the London climate change mitigation and energy strategy (or |
| 40 |
any part of it) is inconsistent with any policies announced by |
| |
Her Majesty’s government with respect to energy or to climate |
| |
change or the consequences of climate change, and |
| |
(b) | the inconsistency would have a detrimental effect on achieving |
| |
any or all of the objectives of those policies, |
| 45 |
| 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) | The Secretary of State must consult the Mayor before giving him a |
| |
direction under subsection (1) above. |
| |
(3) | Where the Secretary of State gives the Mayor a direction under |
| |
subsection (1) above, the Mayor must revise the strategy in accordance |
| |
| 5 |
| |
“climate change” has the same meaning as in section 361A above; |
| |
“consequences”, in relation to climate change, has the same |
| |
meaning as in section 361A above.”. |
| |
(3) | In section 420 of the GLA Act 1999 (regulations and orders) in the list of |
| 10 |
provisions in subsection (8) (orders subject to negative resolution |
| |
Parliamentary procedure) insert at the appropriate place— |
| |
| |
40 | The Mayor’s adaptation to climate change strategy for London |
| |
(1) | In section 41 of the GLA Act 1999 (general duties of the Mayor in relation to his |
| 15 |
strategies) in subsection (1) (which lists the strategies to which the section |
| |
applies) after paragraph (ee) insert— |
| |
“(ef) | the adaptation to climate change strategy for London prepared |
| |
and published under section 361D below,”. |
| |
(2) | In Part 9 of the GLA Act 1999 (environmental functions) after section 361C |
| 20 |
| |
“361D | The adaptation to climate change strategy for London |
| |
(1) | The Mayor shall prepare and publish a document to be known as the |
| |
“adaptation to climate change strategy for London”. |
| |
(2) | The adaptation to climate change strategy for London shall contain— |
| 25 |
(a) | the Mayor’s assessment of the consequences of climate change |
| |
| |
(b) | the Mayor’s proposals and policies for adaptation to climate |
| |
change, so far as relating to Greater London. |
| |
(3) | The Secretary of State may give to the Mayor guidance— |
| 30 |
(a) | about the content of the strategy; |
| |
(b) | in relation to the preparation or revision of the strategy. |
| |
(4) | The guidance that may be given under subsection (3)(b) above |
| |
| |
(a) | guidance specifying or describing the bodies, persons or |
| 35 |
organisations which the Mayor must consult; |
| |
(b) | guidance as to the evidence of climate change or its |
| |
consequences, or predictions of climate change or its |
| |
consequences, to which the Mayor must have regard. |
| |
(5) | In preparing or revising the strategy, the Mayor must have regard to |
| 40 |
any guidance given under subsection (3) above. |
| |
| |
“adaptation”, in relation to climate change, has the same meaning |
| |
as in section 361A above; |
| |
|
| |
|
| |
|
“consequences”, in relation to climate change, has the same |
| |
meaning as in section 361A above; |
| |
“climate change” has the same meaning as in section 361A above. |
| |
361E | Directions by the Secretary of State to revise the strategy |
| |
(1) | Where the Secretary of State considers that— |
| 5 |
(a) | the adaptation to climate change strategy for London (or any |
| |
part of it) is inconsistent with any policies announced by Her |
| |
Majesty’s government with respect to climate change or the |
| |
consequences of climate change, and |
| |
(b) | the inconsistency would have a detrimental effect on achieving |
| 10 |
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) | The Secretary of State must consult the Mayor before giving him a |
| |
direction under subsection (1) above. |
| 15 |
(3) | Where the Secretary of State gives the Mayor a direction under |
| |
subsection (1) above, the Mayor must revise the strategy in accordance |
| |
| |
| |
“climate change” has the same meaning as in section 361A above; |
| 20 |
“consequences”, in relation to climate change, has the same |
| |
meaning as in section 361A above.”. |
| |
| |
| |
| 25 |
41 | Transfer of power of appointment of members of Board of Governors |
| |
(1) | In section 1(2)(a) of the Museum of London Act 1965 (c. 17) (which provides for |
| |
the Prime Minister to appoint members of the Board of Governors of the |
| |
Museum of London) for “Prime Minister” substitute “Greater London |
| |
| 30 |
(2) | In paragraph 4(1) of the Schedule to that Act (which provides for the |
| |
resignation of a member of the Board) for “Prime Minister” substitute “Greater |
| |
| |
(3) | Nothing in this section affects appointments made by the Prime Minister under |
| |
section 1(2)(a) of that Act before this section comes into force. |
| 35 |
42 | Period of appointment of Governors to the Board |
| |
(1) | In paragraph 2(1) of the Schedule to the Museum of London Act 1965 (which |
| |
provides for the term of appointment of a member of the Board of Governors |
| |
of the Museum) for “the period of three years” substitute “a period of not more |
| |
| 40 |
|
| |
|
| |
|
(2) | Any appointment made under section 1(2) of that Act before the coming into |
| |
force of this section for a period of more than three years but not more than four |
| |
years has effect as if the amendment made by subsection (1) had been in force |
| |
at the time of the appointment. |
| |
43 | The Board’s expenditure: transfer of powers and other provisions |
| 5 |
(1) | In section 14 of the Museum of London Act 1965 (c. 17) (application of moneys |
| |
received by the Board of Governors of the Museum) in subsections (1) and (2), |
| |
for “Secretary of State” substitute “Greater London Authority”. |
| |
(2) | Section 15 of that Act (financing of expenditure of the Board of the Museum) is |
| |
| 10 |
(3) | In subsection (1), for “Secretary of State” substitute “Greater London |
| |
| |
| |
(a) | for “Secretary of State” substitute “Greater London Authority”, |
| |
(b) | after “Corporation” in the third place it appears insert “and the Greater |
| 15 |
| |
(c) | after “as the Corporation” insert “or (as the case may be) the Greater |
| |
| |
(5) | For subsection (3) substitute— |
| |
“(3) | Subject to subsection (4) the total of the payments made by the Greater |
| 20 |
London Authority under subsection (2) shall equal the total expended |
| |
by the Corporation under that subsection. |
| |
(4) | In the case of particular amounts paid in respect of particular expenses, |
| |
the Corporation and the Greater London Authority may agree that |
| |
subsection (3) has effect so that the proportion of expenditure paid for |
| 25 |
by the Greater London Authority is other than one-half.”. |
| |
44 | Transfer of other powers relating to the Museum |
| |
(1) | In section 3(4) of the Museum of London Act 1965 (which provides for the |
| |
Board of Governors of the Museum not to dispose of land etc without consent) |
| |
for “Secretary of State” in both places substitute “Greater London Authority”. |
| 30 |
(2) | In subsections (1), (3) and (4) of section 9 of that Act (which provides for |
| |
employment of staff of the Museum) for “Secretary of State” in each place |
| |
substitute “Greater London Authority”. |
| |
(3) | Subsection (2) does not affect any appointment made before this section comes |
| |
| 35 |
45 | Repeal of section 5 of the Museum of London Act 1986 |
| |
Section 5 of the Museum of London Act 1986 (c. 8) (which provides for reports |
| |
about the exercise of functions of the Board of Governors of the Museum of |
| |
London to be made to Parliament by the Secretary of State) shall cease to have |
| |
| 40 |
|
| |
|