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Session 2006-07
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Tuesday 16th January 2007

Public Bill Committee


      New Amendments handed in are marked thus *

      Other Amendments not tabled within the required notice period are marked thus 8

Greater London Authority Bill


Note

The Amendments have been arranged in accordance with the Order of the Committee [9th January 2007].


Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

23

Page 32, line 22, leave out Clause 30.


Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

52

Clause 31, page 36, line 20, at end insert—

‘ “2D Application to be heard in public

Mayoral decisions on planning applications shall be made in public after public oral representations by interested parties.”.’.

Tom Brake
Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant
Norman Baker

1

Page 34, line 18, leave out Clause 31.


Tom Brake
Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant
Norman Baker

2

Page 36, line 29, leave out Clause 32.


Tom Brake
Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant
Norman Baker

3

Page 37, line 1, leave out Clause 33.


Tom Brake
Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant
Norman Baker

4

Page 37, line 15, leave out Clause 34.


Tom Brake
Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant
Norman Baker

5

Page 37, line 37, leave out Clause 35.


Ms Karen Buck

63

Clause 37, page 39, line 35, at end insert—

      ‘(7A) In the definition of “waste contract” in subsection (2) for “Part 2 of that Act (waste on land)” substitute “Part 2 (waste on land) or section 89 of Part 4 (Litter etc.) of that Act”.’.


Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

53

Clause 39, page 41, line 12, leave out from beginning to end of line 37 on page 42 and insert—

      ‘(2) The London climate change mitigation and energy strategy shall be in general conformity with national policies and strategies.’.

Tom Brake
Norman Baker

6

Clause 39, page 41, line 12, leave out from beginning to end of line 37 on page 42.

Ms Karen Buck

62

Clause 39, page 41, line 45, at end insert—

          ‘(iv) the London Waste Authority,’.


Michael Gove
Mr Andrew Pelling
Robert Neill
Mr Greg Hands
Michael Fabricant

67

Clause 42, page 45, line 4, at end add—

      ‘(3) Nothing in this Part of this Act shall affect the exercise or performance of the general functions of the Board of Governors of the Museum assigned to them by section 3 of the Museum of London Act 1965.’.


Mr Andrew Pelling

68

Clause 48, page 48, line 16, at end insert—

      ‘(8) Any constituent body proposing to enter into any arrangements under subsection (2) shall have regard to the needs and requirements of any constituent body with which it proposes to enter into such an agreement.

      (9) In making any arrangements under subsection (2) above the Mayor shall ensure that the Authority secures adequate resources from the constituent body proposing to enter into any agreements under subsection (2) to fulfil its functions.

      (10) For the purposes of subsections (8) and (9) the Mayor and the Assembly shall be treated as if they were constituent bodies separate and distinct within the Authority.’.


Mr Andrew Pelling
Robert Neill

48

Schedule 2, page 53, line 33, at end insert—

‘Police Act 1996 (c.16) Schedule 2A (as inserted by the Police and Justice Act 2006).’.

Ms Karen Buck

64

Schedule 2, page 53, line 36, at end insert—

  ‘Section 356(3).’.

Mr Andrew Pelling
Robert Neill

47

Schedule 2, page 54, line 3, at end add—

  ‘Schedule 26.’.

NEW CLAUSES

Congestion charging

Tom Brake
Norman Baker

NC1

    To move the following Clause:—

      ‘In Schedule 23 to the GLA Act 1999 (road user charging) after paragraph 4 insert—

      “(4A) In the event that no inquiry is held by virtue of paragraph 4(3)(b) above, the Authority shall publish—

        (a) the responses to any consultation carried out under paragraph 4(3)(a),

        (b) an analysis of the responses, and

        (c) in the case of responses which it proposes to disregard in whole or in part its reason for so doing.”.’.


Consultation

Tom Brake
Norman Baker

NC2

    To move the following Clause:—

      ‘(1) Section 32 (consultation) of the GLA Act 1999 is amended as follows.

      (2) After subsection (1) insert—

      “(1A) The Mayor shall notify the Chair of the Assembly of every consultation to be undertaken under subsection (1) before its commencement.”

      (3) After subsection (4) insert—

      “(4A) The Authority shall, after undertaking any consultation under section 32(1) and before implementing any proposal, publish a statement identifying which of the responses to its consultation are accepted in whole or in part for implementation, indicating the reasons why any responses so submitted are not accepted or not accepted in full.”.’.


Term of office (Mayor)

Tom Brake
Norman Baker

NC3

    To move the following Clause:—

      ‘In section 21 of the GLA Act 1999 (disqualification from being the Mayor or an Assembly member) after subsection (1) insert—

      “(1A) A person is disqualified from being elected or being the Mayor if he has previously twice been elected to that office”.’.


Approval of Mayors final draft budget by Assembly

Tom Brake
Norman Baker

NC4

    To move the following Clause:—

      ‘In Schedule 6 to the GLA Act 1999 (procedure for determining the Authority’s consolidated budget requirement), paragraph 8(4) is omitted.’.


Government Office for London

Tom Brake
Norman Baker

NC5

    To move the following Clause:—

      ‘The Secretary of State shall by order designate those functions of the Government Office for London which shall be transferred to the Authority’.


Utilities

Tom Brake
Norman Baker

NC6

    To move the following Clause:—

      ‘(1) The GLA Act 1999 is amended as follows.

      (2) In section 351(3), after paragraph (k) insert—

        “(l) the efficiency of the suppliers of water and energy,”.

      (3) In section 351(4), after paragraph (c) insert—

        “(cc) the suppliers of water and energy to Greater London or any part of Greater London,”.

      (4) In section 61, after subsection (5) insert—

      “(5A) This subsection applies to persons holding the office of regulator of any supplier of water or energy to Greater London or any part of Greater London.”

      (5) In section 61(1) for “or (5)” substitute “, (5) or (5A)”.’.


Water and sewerage strategy

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC7

    To move the following Clause:—

      ‘(1) In section 41 of the GLA Act 1999 in subsection (1) after paragraph (ef) insert—

        “(eg) the water and sewerage strategy prepared and published under section 361F below.”

      (2) In Part 9 of the GLA Act 1999 (environmental functions) after section 361E insert—

    361F The water and sewerage strategy

      (1) The Mayor shall prepare and publish a document to be known as “the water and sewerage strategy for London”.

      (2) The water and sewerage strategy for London shall contain—

        (a) the Mayor’s assessment as to the consequences of actual and planned development of whatever nature upon the water and sewerage infrastructre within Greater London; and

        (b) the Mayor’s proposals and policies for ensuring the water and sewerage infrastructure is adequate for the development referred to in subsection (a) above.

      (3) The Secretary of State may give to the Mayor guidance—

        (a) about the content of the strategy; and

        (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 organisations which the Mayor must consult; and

        (b) guidance as to the consequences of development to which the Mayor must have regard.

      (5) In preparing or revising the strategy the Mayor must have regard to any guidance given under subsection (3) above.”.’.


Duties of the Mayor

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC8

    To move the following Clause:—

      ‘After section 38(2) of the GLA Act 1999 insert—

      “(2A) The Mayor before exercising or making any decisions in respect of any of his functions including in particular, without prejudice to the generality of the foregoing, decisions relating to his development powers, strategies or any powers of direction has a duty to observe the provisions of section 100A of the Local Government Act 1972”.’.


Metropolitan Police Authority

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC9

    To move the following Clause:—

      ‘(1) Schedule 2A to the Police Act 1996 (inserted by Schedule 26 to the GLA Act 1999) is amended as follows.

      (2) Replace paragraphs 1 to 5 with—

“1 Where the Metropolitan Police Authority is to consist of twenty-three members—

      (a) twelve of those members shall be members of the London Assembly appointed under paragraph 2;

      (b) seven shall be borough representatives appointed under paragraph 3; and

      (c) four shall be magistrates appointed under paragraph 4.

    Appointment of members by the Mayor

    2 (1) The members of the Metropolitan Police Authority referred to in paragraph 1(a) shall be appointed by the Mayor of London in accordance with this paragraph.

    (2) One of those members must be the Deputy Mayor, except as provided by paragraphs 9(2)(b) and 17(b) of Schedule 4 to the Greater London Authority Act 1999 or unless the Deputy Mayor is disqualified from being appointed as or being a member of the Metropolitan Police Authority under paragraph 7 below.

    (3) The Mayor (or, where paragraph 9(2)(b) or 17(b) of Schedule 4 to the Act applies, the Chair of the London Assembly) shall ensure that, so far as practicable, the members for whose appointment he is responsible reflect the balance of parties for the time being prevailing among the members of the London Assembly.

    Appointment of borough representatives

    3 (1) The members of the Metropolitan Police Authority referred to in paragraph 1(b) shall be appointed in accordance with this paragraph.

    (2) They shall be members of London borough councils appointed by the Mayor on the nomination of the London borough councils acting jointly.

    (3) The London borough councils shall exercise their power to nominate the members under paragraph 1(b) above so as to ensure that, so far as practicable, the members for whose nomination they are responsible reflect the balance of parties for the time being prevailing among the members of those councisl taken as a whole.

    Appointment of magistrates

    4 (4) The members of the Metropolitan Police Authority referred to in paragraph 1(c)—

      (a) must be magistrates for commission areas which are wholly or partly within the metropolitan police district, and

      (b) shall be appointed by the person or body responsible for the appointment of members of the Greater London Magistrates’ Courts Authority under regulations made under section 30B of the Justices of the Peace Act 1997.”.’.


Membership of Transport for London

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC10

    To move the following Clause:—

      ‘(1) Schedule 10 to the GLA Act 1999 (Transport for London) is amended as follows.

      (2) Leave out paragraph 2 and insert—

    “2 (1) Transport for London shall consist of 15 members of whom—

      (a) eight (“the Assembly representatives”) shall be the Assembly members appointed by the Mayor; and

      (b) the remainder (“the borough representatives”) shall be members of the London borough councils appointed by the Mayor on the nomination of the London borough councils acting jointly.

    (2) The Mayor shall exercise his power to appoint members under sub-paragraph (1)(a) above so as to ensure that, so far as practicable, the members for whose appointment he is responsible reflect the balance of parties for the time being prevailing among the members of the Assembly.

    (3) The London borough councils shall exercise their power to nominate members under sub-paragraph (1)(b) above so as to ensure that, so far as practicable, the members for whose nomination they are responsible reflect the balance of parties for the time being prevailing among the members of those councils taken as a whole.

    (4) It shall be the duty of the London borough councils to nominate the first members under sub-paragraph (1)(b) above in sufficient time before the reconstitution day so that the appointment of those members takes effect on that day.

    (5) The Secretary of State may by order vary any of the numbers for the time being specified in sub-paragraph (1) above, but the number of the Assembly representatives must exceed by one the number of the borough representatives.

    (6) Before making an order under sub-paragraph (5) above, the Secretary of State shall consult—

      (a) the Mayor;

      (b) the Assembly;

      (c) Transport for London; and

      (d) every London borough council.”.’.


Amendment of TCPA

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC12

    To move the following Clause:—

      ‘(1) TCPA 1990 is amended as follows.

      (2) In section 12(3C) leave out “be in general conformity with” and insert “have regard to”.

      (3) In section 13(1A) leave out “is in general conformity with” and insert “has regard to”.

      (4) In section 13(5A) leave out “is not in general conformity with” and insert “does not have regard to”.

      (5) In section 15(2A) leave out “are in general conformity with” and insert “have regard to”.

      (6) Leave out section 21A.

      (7) In section 26 leave out subsection (2)(bb).

      (8) In section 74 leave out subsections (1B) and (1C).

      (9) Leave out section 322B.’.


Vacation of office by Mayor following petition and recall ballot

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC14

    To move the following Clause:—

      ‘After section 16 of the GLA Act 1999 insert—

    16A Vacation of office following petition and recall ballot

      (1) The Secretary of State may by regulations make provision for, or in connection with, requiring the Mayor on receipt of a petition which complies with the provisions of the regulations and a recall ballot of eligible voters in London to vacate office, in such circumstances as may be prescribed in the regulations.

      (2) The provision which may be made by regulations under subsection (1) includes provision—

        (a) as to the form and content of petitions (including provisions for petitions in electronic form),

        (b) as to the minimum number of electors entitled to vote for the Mayor under this Act who must support any petition presented to the Mayor during any period specified in the regulations,

        (c) for or in connection with requiring an office of the GLA to publish the number of electors who must support any petition presented to the authority,

        (d) as to the way in which electors are to support a petition (including provision enabling electors to support petitions by telephone or by electronic means),

        (e) as to the action which may, may not or must be taken by the Authority in connection with any petition,

        (f) as to the manner in which a petition is to be presented,

        (g) as to the verification of any petition,

        (h) as to the minimum and maximum number of days in which a ballot should be held,

        (i) as to the format and wording of the recall ballot,

        (j) as to the date on which, or the time by which, the Mayor must vacate office,

        (k) for or in connection with enabling the Secretary of State, in the event of any failure by the Authority to take any action permitted or required by virtue of the regulations, to take that action.

      (3) The number of electors mentioned in subsection (2)(b) is to be calculated at such times as may be provided by regulations under this section and (unless such regulations otherwise provide) is to be 10 per cent. of the total number of electors participating in the Mayoral election preceding the date of any petition.

      (4) Nothing in subsection (2) or (3) affects the generality of the power under subsection (1).”.’.


Limits of the general power (No.2)

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC15

    To move the following Clause:—

      ‘After section 31(6) of the GLA Act 1999 insert—

      “(6A) The Authority shall not by virtue of section 30(1) above incur expenditure in promoting activities or relationships which are primarily the responsibility of the Foreign and Commonwealth Office or the Department for International Development, although this does not prevent the Authority incurring expenditure in co-operating with or facilitating good relations with other major world cities and regional authorities.”.’.


Assembly consideration of Mayors draft budget

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC16

    To move the following Clause:—

      ‘In Schedule 6 to the GLA Act 1999 (Procedure for determining the Authority’s consolidated budget requirement), leave out paragraph 5(4) and insert—

      “(4) For the purposes of sub-paragraph (3) above, amendments which are to be made must be agreed to by a simple majority of the Assembly members voting.”.’.


Assembly consideration of Mayors draft budget (No.2)

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC17

    To move the following Clause:—

      ‘In Schedule 6 to the GLA Act 1999 (Procedure for determining the Authority’s consolidated budget requirement), leave out paragraph 5(4) and insert—

      “(4) For the purposes of sub-paragraph (3) above, amendments including those which amend the aggregates calculated in subsections (4) to (7) of section 85 are to be agreed by a two-thirds majority of the Assembly members voting.”.’.


 
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Prepared: 16 January 2007