House of Commons Amendments

House of Commons

Session 2006-07
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Tuesday 23rd 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].

Another Clause (NC6) (Utilities) — (Tom Brake) — brought up, and read the first time, as follows—
‘(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)”.’.

Question proposed, That the Clause be read a second time.

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”.’.

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 Mayor’s 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 Mayor’s 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.”.’.

Calculation of component and consolidated budget requirements

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC18

To move the following Clause:—

‘In section 85 of the GLA Act 1999 (calculation of the component and consolidated budget requirements), after subsection (4) add—

“(4A) For the purposes of subsection (4) above, the aggregates must be calculated to include amendments agreed to by a two-thirds majority of the Assembly members voting.”.’.

Assembly’s power to allocate its budget

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC19

To move the following Clause:—

‘(1) Schedule 6 to the GLA Act 1999 (procedure for determining the Authority’s consolidated budget requirement) is amended as follows.

(2) After paragraph 9 insert—

“Assembly’s power to allocate its budget

9A The Assembly may, following consultation with the head of the Authority’s paid service, the Authority’s monitoring officer and the Authority’s chief finance officer, allocate monies which it receives under the component budget for the Assembly in such a manner as it sees fit.”.’.

Abatement of salary for any councillor with executive responsibilities

Mr Andrew Pelling

NC20

To move the following Clause:—

‘After section 25(1)(c) of the GLA Act 1999 insert—

“(d) as a member of a local authority in receipt of an allowance for executive responsibilities.”.’.

Postponement of poll from 2012 to 2013

Mr Andrew Pelling

NC21

To move the following Clause:—

‘(1) Section 3 of the GLA Act 1999 is amended as follows.

(2) After subsection (2) insert—

“(2A) The poll due on 3rd May 2012 shall be held on 2nd May 2013 or such later date in 2013 as the Secretary of State may by order provide.”.’.

London Learning and Skills Council

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC22

To move the following Clause:—

‘The Secretary of State may by order bring the powers and assets of the London Learning and Skills Council under the direction of the Mayoral Skills and Training Board.’.

Greater London Authority to be police authority for London

Mr Andrew Pelling
Robert Neill

NC23

To move the following Clause:—

‘(1) The Police Act 1996 (c.16) is amended as follows.

(2) After section 5A insert—

“5AA Police Authority for London

(1) The Greater London Authority shall be the police authority for the metropolitan police district.

(2) All executive functions in respect of the role of the Greater London Authority as a police authority shall be carried out by the Mayor of London.

(3) The London Assembly shall have power to scrutinise the exercise of the Mayor’s functions under subsection (2) above and to carry out all scrutiny of the work of the police force as was previously carried out by the Metropolitan Police Authority.

(4) All references to the Metropolitan Police Authority in this and any other enactment shall be construed in accordance with this section.

5AB Budget

The Mayor shall set the component part of the GLA budget previously set by the Metropolitan Police Authority.

5AC Assembly Police Committee

(1) The London Assembly shall establish a committee to carry out its functions under section 5AA(3) above.

(2) Four Magistrates, appointed in the same manner as Magistrate members of the Metropolitan Police Authority were, shall be co-opted members of this committee.”

(3) Leave out sections 5B and 5C and Schedule 2A.’.

Appointment of Commissioner of Police for the Metropolis

Mr Andrew Pelling
Robert Neill

NC24

To move the following Clause:—

‘(1) The Police Act 1996 (c.16) is amended as follows.

(2) For section 9B(5) substitute—

“(5) Before recommending to Her Majesty that she appoint a person as the Commissioner of Police for the Metropolis, the Secretary of State shall have regard to—

(a) any recommendations made to him by the Mayor of London, and

(b) any representations made to him by the London Assembly.”.’.

Appointment of Deputy Commissioner of Police for the Metropolis

Mr Andrew Pelling
Robert Neill

NC25

To move the following Clause:—

‘(1) The Police Act 1996 (c.16) is amended as follows.

(2) For section 9D(5) substitute—

“(5) Before recommending to Her Majesty that she appoint a person as the Deputy Commissioner, the Secretary of State shall have regard to—

(a) any recommendations made to him by the Mayor of London, and

(b) any representations made to him by the Commissioner.”.’.

Provision of special services by Metropolitan Police

Mr Andrew Pelling
Robert Neill

NC26

To move the following Clause:—

‘After section 25(1) of the Police Act 1996 (provision of special services) insert—

“(1ZA) In providing special services under subsection (1) above for football matches at the grounds of football teams in the Premier League, payment to the police authority should cover full reimbursement of reasonable costs to include, but not be limited to, policing in and around the location.”.’.

Authority to be strategic health authority

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC27

To move the following Clause:—

‘The Secretary of State may by order bring NHS London under the management of the Mayor.’.

Consultation on the Mayor’s strategies

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC28

To move the following Clause:—

‘(1) Section 42 of the GLA Act 1999 is amended as follows.

(2) After subsection (1)(a) insert—

“and obtain a simple majority of the Assembly members voting.”.’.

Budget and performance office

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC29

To move the following Clause:—

‘There shall be a body to be known as the Budget and Performance Office (London Assembly) to report annually on the performance of the GLA and GLA functional bodies.’.

Call-in of decisions

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC30

To move the following Clause:—

‘After section 59 of the GLA Act 1999 insert—

“59A Call-in of decisions

(1) Decisions made by the Mayor (except for planning decisions) may be called in for scrutiny by the Assembly following written request of 13 members of the Assembly being received by the Chief Executive of the Greater London Authority for consideration and review within 14 days of the decision.

(2) The Assembly shall meet in plenary session within 14 days of the call-in to debate the decision.”.’.

Precepts

Michael Gove
Mr Andrew Pelling
Robert Neill
Michael Fabricant

NC31

To move the following Clause:—

‘(1) The Local Government Finance Act 1992 (c.14) is amended as follows.

(2) After section 40(9) insert—

“(9A) The Greater London Authority shall have printed an explanation and billing notice dedicated solely to the annual precept raised by the Greater London Authority.”.’.

Mayor to set the performance priorities for London Development Agency

Mr Andrew Pelling

NC32

To move the following Clause:—

‘The Mayor shall set the annual performance targets for the London Development Agency after consultation with the Secretary of State.’.

Pedicabs

Michael Gove

NC33

To move the following Clause:—

‘(1) In determining, for the purposes of enactments mentioned in subsection (2), who was the owner of a pedicab at any time, it shall be presumed, if the pedicab were licensed, that the owner was the person in whose name the pedicab was licensed at that time.

(2) Those enactments are—

(a) Part II of the Road Traffic Act 1991 (c.40) (traffic in London);

(b) Part II of and Schedule 1 to the London Authorities Act 1996 (c.ix) (bus lanes);

(c) regulations made under section 144 of the Transport Act 2000 (c.38) (civil penalties for bus lane contraventions);

(d) sections 4 to 7 of the London Local Authorities and Transport for London Act 2003 (c.iii) (road traffic and highways);

(e) Regulations under section 72 of the Traffic Management Act 2004 (c.18) (civil penalties for road traffic contraventions);

(f) any other enactment whether passed before or after this Act which provides for the service of penalty charge notices or notices to owner on the owner of a vehicle.

(3) For the purposes of the enactments mentioned in subsection (2) above, a pedicab business is not to be treated as a vehicle-hire firm.

(4) An authority responsible for the licensing of pedicabs shall, on request, make available to a traffic authority the name and address of the person in whose name a particular pedicab is licensed.

(5) In section 15(12) of the Greater London Council (General Powers Act 1974 (c.xxiv) (parking on footways, grass verges, etc.)), in the definition of “vehicles”, after “means” insert “a pedicab (withing the meaning given by section (Pedicabs) of the Greater London Authority Act 2007), or”.

(6) The London Local Authorities and Transport for London Act 2003 is amended as follows—

(a) in section 4(5) (penalty charges for road traffic contraventions), for the words “motor vehicle” there is substituted “vehicle”;

(b) in section 4(16), the definition of “motor vehicle” is omitted and the following definition is inserted at the end—

“ “vehicle” means a mechanically propelled vehicle intended or adapted for use on roads and a pedicab within the meaning given by section (Pedicabs) of the Greater London Authority Act 2007.”.

(7) In this section—

“licensed” means licensed under section 6 of the Metropolitan Public Carriage Act 1869 (c.115) or any other enactment specified in regulations;

“pedicab” means a cycle constructed or adapted—

(a) to seat one or more passengers; and

(b) for the purpose of being made available with a driver in the course of a business for the purpose of carrying passengers;

“pedicab business” means a business which consists, in whole or in part, of—

(c) the ownership of pedicabs;

(d) the letting out of pedicabs to riders for use as a pedicab; or

(e) taking bookings for the use of pedicabs by passengers.’.

© Parliamentary copyright 2007
Prepared: 23 January 2007