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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:—


 
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