Greater London Authority Bill

House of Commons

Session 2006 - 07
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Greater London Authority Bill

Greater London Authority Bill
Part 8 — Environmental functions
39

37
Information about waste contracts
(1)
Section 358 of the GLA Act 1999 (information about new waste contracts) is
amended as follows.
(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.
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(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
a notice, and
(b)
a period of at least 56 days beginning with the day on which the
Mayor is so notified has elapsed.”.
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(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
contract,

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
and
(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
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Greater London Authority Bill
Part 8 — Environmental functions
40

insert—
“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
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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.
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(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
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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.
(6)
In this section—
“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
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consequences of climate change;
“mitigation”, in relation to climate change, includes prevention.”.

Greater London Authority Bill
Part 8 — Environmental functions
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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
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prepared and published under section 361B below,”.
(2)
In Part 9 of the GLA Act 1999 (environmental functions) after section 361A
insert—
“361B
  The London climate change mitigation and energy strategy
(1)
The Mayor shall prepare and publish a document to be known as the
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“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
following—
(a)
the implementation in Greater London of national policies
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relating to the mitigation of climate change,
(b)
the implementation in Greater London of national policies
relating to energy,
(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,
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(b)
minimising emissions of carbon dioxide from the use of energy
in Greater London for purposes other than those of
transportation,
(c)
supporting innovation, and encouraging investment, in energy
technologies in Greater London,
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(d)
promoting the efficient production and use of energy in Greater
London.
(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
in Greater London,
(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
section 1 of that Act),
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(d)
the measures to be taken, for the purpose of implementing the
strategy, by each of the following—
(i)
the Authority,
(ii)
Transport for London,
(iii)
the London Development Agency,
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(e)
the measures which other bodies or persons are to be
encouraged by the Mayor to take for the purpose of
implementing the strategy.

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(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
strategy.
(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
following—
(a)
the Gas and Electricity Markets Authority,
(b)
the Gas and Electricity Consumer Council,
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(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
appropriate.
25
(9)
An order under subsection (8) above may have effect in relation to
times before the day on which it is made.
(10)
In this section—
“climate change” has the same meaning as in section 361A above;
“energy technologies” means technologies for—
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(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
subsection (5) above;
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“surface transport” means any form of transport other than
transport by air.
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,
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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)
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
with the direction.
5
(4)
In this section—
“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—
“section 361B(8);”.
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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
insert—
“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
for Greater London;
(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
includes—
(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.
(6)
In this section—
“adaptation”, in relation to climate change, has the same meaning
as in section 361A above;

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“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
with the direction.
(4)
In this section—
“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.”.
Part 9
Culture, media and sport
Museum of London
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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
Authority”.
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
London Authority”.
(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.
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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
than four years”.
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(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.
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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
amended as follows.
10
(3)
In subsection (1), for “Secretary of State” substitute “Greater London
Authority”.
(4)
In subsection (2)—
(a)
for “Secretary of State” substitute “Greater London Authority”,
(b)
after “Corporation” in the third place it appears insert “and the Greater
15
London Authority”,
(c)
after “as the Corporation” insert “or (as the case may be) the Greater
London Authority”.
(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”.
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(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
into force.
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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
effect.
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