pbc0112301.40-46

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 23rd January 2007
40

Greater London Authority Bill, continued

359D
Publicity and advice

(1)
The London Waste Authority may promote or undertake publicity in any

form.

(2)
The London Waste Authority shall promote—

(a)
the reduction and reuse of waste in Greater London, and

(b)
the sustainable management of waste in Greater London.

(3)
The London Waste Authority may advise companies operating in Greater

London on the items referred to in subsection (2).

359E
Waste management

The London Waste Authority may apply for a waste management licence

under section 36 (grant of licences) of the Environmental Protection Act

1990 (c. 43) for the purposes of treating, keeping or disposing of waste

that is delivered to it by a person other than a waste collection authority.

359F
Power of the London Waste Authority to promote or oppose Bills in

Parliament

(1)
The London Waste Authority—

(a)
may promote a local Bill in Parliament; and

(b)
may oppose any local Bill in Parliament.

(2)
Subsection (1)(a) applies only if the Greater London Authority—

(a)
gives its written consent to the Bill; and

(b)
confirms that consent in writing as soon as practicable after the

expiration of 14 days after Bill has been deposited in Parliament.

(3)
If the Greater London Authority does not confirm the consent as required

by subsection (2)(b), it shall give notice of that fact to the London Waste

Authority, which shall take all necessary steps for the withdrawal of the

Bill.

(4)
If the Authority, in giving notice under subsection (3), states that it

confirms its consent to the Bill if provisions specified in the notice are

omitted or are amended as so specified, the London Waste Authority

may, instead of withdrawing the Bill pursuant to subsection (3), take all

necessary steps for the omission or, as the case may be, the amendment

of the provisions in question in accordance with the notice.

(5)
Without prejudice to subsections (2) to (4), the functions conferred on the

London Waste Authority by subsection (1)(a) are exercisable subject to,

and in accordance with, the provisions of Schedule 29B.

(6)
Subsection (1)(b) applies only if the Greater London Authority gives its

written consent to the London Waste Authority to oppose the Bill.

(7)
If—

(a)
the London Waste Authority deposits a petition against a Bill in

Parliament, but

(b)
the consent required by subsection (6) has not been given before

the end of the period of 30 days following the day on which the

petition is deposited,


the London Waste Authority shall take all necessary steps for the

withdrawal of the petition.

Public Bill Committee Proceedings: 23rd January 2007
41

Greater London Authority Bill, continued

(8)
The functions conferred or imposed on the Greater London Authority by

this section shall be functions of the Greater London Authority which are

exercisable by the Mayor acting on behalf of the Greater London

Authority.

(9)
Before exercising the functions conferred on the Greater London

Authority by subsections (2)(a) or (b), (4) or (6), the Mayor shall consult

the Assembly.

359G
Joint exercise of functions

(1)
The London Waste Authority may discharge any of its functions jointly

with one or more local authorities and, where arrangements are in force

for them to do so,—

(a)
they may also arrange for the discharge of those functions by a

joint committee of theirs or by an officer of one of them and

section 101(2) of the Local Government Act 1972 (c. 70) shall

apply in relation to those functions as it applies in relation to the

functions of the individual authorities; and

(b)
any enactment relating to those functions or the authorities by

whom or the areas in respect of which they are to be discharged

shall have effect subject to all necessary modifications in its

application in relation to those functions and the authorities by

whom and the areas in respect of which (whether in pursuance of

the arrangements or otherwise) they are to be discharged.

(2)
Arrangements made under subsection (1) by the London Waste

Authority and one or more local authorities with respect to the discharge

of any of their functions shall cease to have effect with respect to that

function if, or to the extent that, the function becomes the responsibility

of an executive of any of the local authorities.

(3)
Subsection (2) does not affect arrangements made by virtue of section 20

of the Local Government Act 2000 (c. 22) (joint exercise of functions).”.

(2)
In section 360(1) of the GLA Act 1999 for “359” substitute “359G”.

(3)
In section 51(4A) of the Environmental Protection Act 1990 (c. 43) after “but”

insert “in the case of a waste disposal authority that is not the London Waste

Authority”.

(4)
After section 51(1) of the Environmental Protection Act 1990 (c. 43) insert—


“(1A) It shall be the duty of the London Waste Authority to arrange for places to

be provided at which persons resident in its area may deposit their household

waste to be reused or recycled and to make arrangements for the reuse and

recycling of such waste.”.

(5)
Section 48(2) (duties of waste collection authorities as respects disposal of waste

collected) of the Environmental Protection Act 1990 shall not apply to waste

collection authorities in Greater London.

(6)
After Schedule 29A of the GLA Act 1999 (inserted by section [London Waste

Authority] (2) of this Act) insert Schedule 29B set out in Schedule [Promotion of

Bills in Parliament by the London Waste Authority] to this Act.’.

Public Bill Committee Proceedings: 23rd January 2007
42

Greater London Authority Bill, continued

Mayor to prepare minerals and waste development scheme

Ms Karen Buck

Not called  NC37

To move the following Clause:—

‘(1)
PCPA 2004 shall be amended as follows—

(a)
in section 16(1) after “district council” insert “and the Mayor of

London”; and

(b)
in section 16(3)(a) after “county council” insert “and the Mayor of

London, as appropriate”.

(2)
The Town and Country Planning (Local Development) (England) Regulations

2004 (S.I. 2004/2204) shall be amended as follows—

(a)
in regulation 3(1)(b)(ii) after “county council” insert “and the Mayor of

London”;

(b)
in regulation 12(3) after “scheme” insert “prepared by a county council”;

and

(c)
after regulation 12(3) insert—

“(4)
Where paragraph (1) or (2) applies to a minerals and waste

development scheme prepared by the Mayor of London, within

2 weeks he must send a copy of—

(a)
the scheme, or

(b)
the scheme incorporating the revision,


to teach local planning authority in Greater London.”.’.

Municipal waste management strategy

Ms Karen Buck

Not called  NC38

To move the following Clause:—

‘(1)
The GLA Act 1999 shall be amended as follows—

(a)
omit “municipal” in—

(i)
section 353(2)(b) (the Mayor’s municipal waste management

strategy), and

(ii)
section 353(5)(e); and

(b)
in section 355 (duties of waste collection authorities etc.) for “Part II”

substitute “Part 2 or section 89 of Part 4”.

(2)
After section 357(4) of the GLA Act 1999 insert—

“(4A)
Where the Mayor has been notified by a waste authority under subsection

(1), (2) or (4) he shall consult the London Waste Authority.”.’.

Public Bill Committee Proceedings: 23rd January 2007
43

Greater London Authority Bill, continued

London waste charging scheme

Ms Karen Buck

Not called  NC39

To move the following Clause:—

‘After section 359G of the GLA Act 1999 (inserted by section [Powers and duties

of the London Waste Authority] (1) of this Act) insert—

“359H
  London waste charging scheme

(1)
The Mayor may by order make a scheme to charge waste collection

authorities in London for the delivery of waste to the London Waste

Authority, to be known as the London waste charging scheme.

(2)
An order under this section may—

(a)
specify charges for the delivery to the London Waste Authority

by a waste collection authority of waste;

(b)
impose a charge per tonne of delivered waste;

(c)
impose separate charges for different types of waste based on the

technology or processes used to manage or dispose of such

waste;

(d)
make different provisions for different cases, including different

provisions in relation to different waste collection authorities,

circumstances or localities;

(e)
provide for the times at which, and the manner in which, the

charges prescribed by the scheme are to be paid;

(f)
revoke or amend any previous charging scheme; or

(g)
contain supplemental, incidental, consequential or transitional

provisions for the purposes of the scheme.

(3)
The power of the Mayor to make an order under this section includes a

power exercisable by order to revoke, amend or re-enact any such order.

(4)
An order made by the Mayor under this section shall not have effect

unless and until it is confirmed by an order made by the Secretary of

State.”.’.

Transfer schemes

Ms Karen Buck

Not called  NC40

To move the following Clause:—

‘After section 359H of the GLA Act 1999 (inserted by section [London waste

charging scheme] of this Act) insert—

“359I
Transfer schemes

(1)
The power conferred by subsection (2) is exercisable in connection with

the establishment of the London Waste Authority.

Public Bill Committee Proceedings: 23rd January 2007
44

Greater London Authority Bill, continued

(2)
The London Waste Authority may make one or more schemes for the

transfer of property, rights or liabilities from any body falling within

subsection (3) to any other such body as specified in or determined in

accordance with the scheme.

(3)
Those bodies are—

(a)
the London Waste Authority,

(b)
any subsidiary of the London Waste Authority;

(c)
any local authority in Greater London; and

(d)
an authority established by Part 2, 3, 4 or 5 of Schedule 1 to the

Waste Regulation and Disposal (Authorities) Order 1985 (S.I.,

1985/1884).

(4)
On a date specified by a scheme as the date on which the scheme is to

have effect, the designated property, rights or liabilities are transferred

and vest in accordance with the scheme.

(5)
A scheme under this section shall not take effect unless and until it has

been approved by the Mayor.

(6)
Where a scheme under this section is submitted to the Mayor for his

approval, he may, after consultation with the London Waste Authority,

modify the scheme before approving it.

(7)
The transfers which may be made by virtue of a scheme under this section

include transfers taking effect before, on or after the dissolution of the

joint waste authorities under section 359A(7).

(8)
Schedule 12 (which makes further provision in relation to schemes under

this section) shall have effect.”.’.

Hospital reconfiguration proposals

Siobhain McDonagh

Not selected  NC41

To move the following Clause:—

‘In preparing hospital reconfiguration proposals the Secretary of State shall

consult the Mayor.’.

Litter

Ms Karen Buck

Not called  nc42

To move the following Clause:—

‘(1)
Section 360 of the GLA Act 1999 (interpretation) is amended as follows.

Public Bill Committee Proceedings: 23rd January 2007
45

Greater London Authority Bill, continued

(2)
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”.’.

Directions issued by the Mayor to the London Fire and Emergency Planning Authority

Mr Andrew Pelling

Not called  NC43

To move the following Clause:—

‘After section 404 of the GLA Act 1999 insert—

“404A
  Directions issued by the Mayor to the London Fire and Emergency

Planning Authority

(1)
Before issuing a direction to the London Fire and Emergency Planning

Authority under or by virtue of this Act, the Mayor shall act in

accordance with the following subsections.

(2)
The Mayor shall send a copy of any proposed direction to the London

Fire and Emergency Planning Authority to the London Assembly.

(3)
The Assembly may within 21 days of receiving a copy of any proposed

direction to the London Fire and Emergency Planning Authority

recommend that the proposed direction should not be issued or should be

issued with such modifications as the Assembly shall determine.

(4)
The Mayor shall have regard to any recommendation made by the

Assembly under subsection (3) above.

(5)
The Mayor shall within 21 days or receiving a recommendation made by

the Assembly under subsection (3) above prepare a statement which must

include an explanation setting out the reasons why any recommendations

made by the Assembly is not accepted.”.’.

General power for the Assembly to call in directions

Mr Andrew Pelling

Not called  NC44

To move the following Clause:—

‘(1)
After section 404 of the GLA Act 1999 insert—

“404A
  Directions issued by the Mayor

(1)
Before issuing a direction under or by virtue of this Act, the Mayor shall

act in accordance with the following subsections.

(2)
The Mayor shall send a copy of any proposed direction to the Assembly.

Public Bill Committee Proceedings: 23rd January 2007
46

Greater London Authority Bill, continued

(3)
The Assembly may within 21 days of receiving a copy of any proposed

direction recommend that the proposed direction should not be issued or

should be issued with such modifications as the Assembly shall

determine.

(4)
The Mayor shall have regard to any recommendations made by the

Assembly under subsection (3) above.

(5)
The Mayor shall within 21 days of receiving a recommendation made by

the Assembly under subsection (3) above prepare a statement which must

include an explanation setting out the reasons why any recommendation

made by the Assembly is not accepted.”

(2)
After section 421(2) of the GLA Act 1999 insert—

“(3)
In any direction given under this Act by the Mayor, the reference to a

‘direction’ shall include the following—

(a)
any guidance issued by the Mayor under this Act to any body as

to the manner in which that body is to exercise its functions;

(b)
any general directions issued by the Mayor under this Act to any

body as to the manner in which that body is to exercise its

functions;

(c)
any specific directions issued by the Mayor under this Act to any

body as to the exercise of that body’s functions.

(4)
In this section and in section 404A any reference to ‘this Act’ includes

any provisions which, by virtue of the Greater London Authority Act

1999 (as amended from time to time), have been or are inserted into any

other Act of Parliament or statutory instrument.”.’.

Removal of requirement that the Deputy Mayor be a member of the Metropolitan Police

Authority

Tom Brake

Norman Baker

Not called  NC45

To move the following Clause:—

‘Omit paragraph 2(2) of Schedule 2A to the Police Act 1996 (c. 16).’.

Budget and Performance Office (London Assembly)

Mr. Andrew Pelling

Michael Gove

Robert Neill

Michael Fabricant

Withdrawn  NC46

To move the following Clause:—