pbc0112301.47-53

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 23rd January 2007
47

Greater London Authority Bill, continued

‘(1)
There shall be an office to be known as the Budget and Performance Office

(London Assembly) to be headed by a Director who shall be appointed by the

Assembly on a simple majority vote upon the recommendation of an independent

Budget and Performance Office Advisory Board.

(2)
The Director shall be appointed without regard to political affiliation and solely

on the basis of fitness to perform the duties assigned by the Assembly. The terms

of office of Directors appointed shall expire upon each general election of the

Assembly. Any individual appointed to fill a vacancy prior to the expiration of a

term shall serve only for the unexpired portion of the term. An individual serving

as Director at the expiration of a term may continue to serve until a successor is

appointed.

(3)
The funds available to pay for the expenses of the Budget and Performance Office

(London Assembly) during each financial year shall not be less than the

equivalent of 10 per cent. of the annual expenditure of the Greater London

Authority Finance Department.

(4)
The Director shall appoint such personnel and procure the services of such

experts and consultants within the funds available as may be necessary for the

Director to carry out the duties and functions assigned herein. Such personnel and

experts shall perform such duties as may be assigned to them by the Director.

(5)
The Director shall be authorised to secure such information, data, estimates and

statistics from the functional bodies of the Greater London Authority as the

Director determines to be necessary for the performance of the functions and

duties of the office, and such bodies shall provide such information, to the extent

that it is available, in a timely fashion.

(6)
The Director shall not be entitled to obtain records which are protected by

commercial sensitivity or material prepared for litigation.

(7)
There shall be an independent Budget and Performance Office Advisory Board

consisting of 10 members appointed jointly by the chairs of each of the

Authority’s functional bodies and the Mayor.

(8)
The members of the Budget and Performance Office Advisory Board must have

extensive experience and knowledge in the fields of finance, economics,

accounting, public administration and public policy analysis, and must include at

least one former Finance Director of the Greater London Authority or of a

comparable office in another local authority.

(9)
It shall be the duty of the Budget and Performance Office (London Assembly) to

provide to Assembly Members information which will assist in the discharge of

their responsibilities which are related to the budgetary process, including—

(a)
information with respect to the budget, consultations, strategies and

policies with financial implications;

(b)
information with respect to estimated revenues and receipts and changing

revenue conditions; and

(c)
to the extent practicable, such other information or analyses as may be

requested.

(10)
The Director, upon the request of Assembly Members, shall complete a financial

impact statement of such proposed consultation, strategy and policy.

(11)
The Director shall from time to time publish such reports as may be appropriate

to enhance official and public understanding of the budgetary process and of the

budget documents published in accordance with current legislation. The Director

shall from time to time publish such reports as may be necessary or appropriate

to provide such information, data, and analysis as will enhance official and public

understanding of matters relating to expenditures, financial management

practices and related matters.

(12)
The Director shall publish an annual report on the performance of the Greater

London Authority and the functional bodies of the Greater London Authority.

Public Bill Committee Proceedings: 23rd January 2007
48

Greater London Authority Bill, continued

(13)
The Director shall make all information, data, estimates, and statistics obtained in

pursuance of subsection (5) and all studies and reports prepared by the office,

available for public inspection, both in person and online.’.

Advertisements

Mr Greg Hands

Not selected  nc47

To move the following Clause:—

‘(1)
Section 27 of the London Transport Act 1971 is amended as follows.

(2)
After subsection (2) insert—

“(2A)
Transport for London or any of its subsidiaries within the meaning of the

Greater London Authority Act 1999 shall not place, maintain or permit

to be placed or maintained an advertisement on or in any shelter or other

accomodation erected on a highway in pursuance of the said section 104

other than the advertisements authorised by the said section without the

consent of the local authority of the district in which such highway is

situated.

(2B)
A local authority may give consent pursuant to subsection (2A) subject

to such reasonable terms and conditions as it considers appropriate

including terms as to the payment to the local authority of a reasonable

proportion of any income received in respect of any such

advertisement.”.’.

NEW SCHEDULES

Ms Karen Buck

Not called  NS1

To move the following Schedule:—

‘London Waste Authority


This is the Schedule that is to be inserted as Schedule 29A to the GLA Act

1999—

Public Bill Committee Proceedings: 23rd January 2007
49

Greater London Authority Bill, continued

“Schedule 29A

London Waste Authority

Part 1

Establishment

Status and Capacity

1    (1)
The London Waste Authority shall not be regarded as the servant or

agent of the Crown or as enjoying any status, immunity or privilege

of the Crown.

      (2)
The members and staff of the London Waste Authority shall not be

regarded as civil servants and the property of the London Waste

Authority shall not be regarded as property of, or held on behalf of,

the Crown.

      (3)
It shall be within the capacity of the London Waste Authority to do

such things and enter into such transactions as are calculated to

facilitate, or are conducive or incidental to, the discharge of any of

its functions.

Membership of the London Waste Authority

2    (1)
The London Waste Authority shall consist of fifteen members

appointed by the Mayor of whom no fewer than six have been

nominated by, and (at the time of their appointment) are elected

members of—

(a)
a London borough council, or

(b)
the Common Council of the City of London.

      (2)
The Mayor may determine the process of nominating and

appointing members under sub-paragraph (1).

      (3)
The Mayor cannot appoint himself as a member of the London

Waste Authority.

      (4)
In appointing a person under sub-paragraph (1), the Mayor shall

have regard to the desirability of ensuring that the members of the

London Waste Authority between them have experience in—

(a)
running a business,

(b)
delivering large capital programmes,

(c)
regeneration,

(d)
waste management, and

(e)
recycling.

      (5)
The terms and conditions of appointment of a member of the

London Waste Authority (including conditions as to remuneration)

shall be such as the Mayor may determine.

      (6)
The Mayor may, by notice to a member of the London Waste

Authority, remove that member from office.

Public Bill Committee Proceedings: 23rd January 2007
50

Greater London Authority Bill, continued

Chairman and deputy chairmen

3
The Mayor shall designate—

(a)
one of the members of the London Waste Authority to be

chairman of the London Waste Authority, and

(b)
another of the members to be deputy chairman of the

London Waste Authority.

Staff

4    (1)
The London Waste Authority may appoint such staff as it considers

necessary for assisting in the exercise of any of its functions.

      (2)
The staff of the London Waste Authority shall be appointed on such

terms and conditions (including conditions as to remuneration) as

the London Waste Authority shall determine

Proceedings of the London Waste Authority

5    (1)
Subject to the provisions of this Schedule, the London Waste

Authority may regulate its own procedures and that of the

committees of the London Waste Authority and sub-committees of

such committees (and in particular may specify a quorum for

meetings).

      (2)
The validity of any proceedings of the London Waste Authority

shall not be affected—

(a)
by any vacancy among the members or in the office of

chairman or deputy chairman, or

(b)
by any defect in the appointment of any person as a

member, or as chairman or deputy chairman, of the London

Waste Authority.

Membership of committees and sub-committees

6    (1)
A committee of the London Waste Authority or a sub-committee of

such a committee may include persons who are not members of the

London Waste Authority.

      (2)
A person who is a member of a committee of the London Waste

Authority or a sub-committee of such a committee but is not a

member of the London Waste Authority shall be a non-voting

member of the committee or sub-committee.

General powers

7    (1)
The London Waste Authority may form, promote and assist, or join

with any other person in forming, promoting and assisting, a

company for the purpose of—

(a)
carrying on any activities which the London Waste

Authority has power to carry on, or

(b)
carrying on such activities together with activities which

the London Waste Authority does not have power to carry

on.

Public Bill Committee Proceedings: 23rd January 2007
51

Greater London Authority Bill, continued

      (2)
The London Waste Authority may enter into and carry out

agreements with any person for the carrying on by that person,

whether as agent for the London Waste Authority or otherwise, of

any activities which the London Waste Authority has power to

carry on (and, in particular, with respect to the disposal of waste).

      (3)
The London Waste Authority may also enter into and carry out an

agreement with any person for the carrying on by that person (“the

contractor”) of any activities which the London Waste Authority

does not have the power to carry on if the agreement includes

provision for one or more of the following, namely—

(a)
the carrying on by the contractor of such activities as are

mentioned in sub-paragraph (2);

(b)
the provision by the contractor to the London Waste

Authority of services ancillary to the disposal of waste; and

(c)
the use by the contractor of land or other property owned

by the London Waste Authority, or transferred to the

contractor by the London Waste Authority, for the

purposes of the agreement.

      (4)
Where an agreement has been entered into under sub-paragraph (2)

or (3), the powers conferred on the London Waste Authority by that

subsection include power to enter into and carry out other

agreements with other persons for the purpose of—

(a)
fulfilling any condition which must be fulfilled before the

agreement can have effect; or

(b)
satisfying any requirement imposed by or under the

agreement.

      (5)
Where—

(a)
a company has been formed in the exercise of the powers

conferred by sub-paragraph (1) (whether by the London

Waste Authority alone or by the London Waste Authority

jointly with some other person); or

(b)
the London Waste Authority has entered into an agreement

with any person in exercise of its powers under sub-

paragraph (2) or (3),


the London Waste Authority may enter into arrangements with that

company or person for the transfer from the London Waste

Authority to that company or person, in such manner and on such

terms (including payments by any of the parties to the arrangements

to any of the other parties) as may be provided for by the

arrangements, of any property, rights or liabilities of the London

Waste Authority relevant to the purpose for which the company was

formed or (as the case may be) to the performance by that person of

his obligations under the agreement.

      (6)
The London Waste Authority shall have power to enter into and

carry out agreements with—

(a)
any of its subsidiaries; or

(b)
any person with whom it has entered into an agreement by

virtue of sub-paragraph (2) or (3),


providing for the London Waste Authority to give assistance to the

other party to the agreement by making available to that party any

services, amenities or facilities provided by, or any works or land or

Public Bill Committee Proceedings: 23rd January 2007
52

Greater London Authority Bill, continued

other property belonging to, the London Waste Authority, on such

terms (including the reciprocal provision by that other party for

similar assistance for the London Waste Authority) as may be

agreed between them.

      (7)
The power of the London Waste Authority under sub-paragraph (2)

or (3) to enter into an agreement as there mentioned is exercisable

notwithstanding that the agreement involves the delegation of the

functions of the London Waste Authority under any enactment

relating to any part of its undertaking.

Delegation by the London Waste Authority

8    (1)
Subject to any express provision contained in this Act or any Act

passed after this Act, the London Waste Authority may arrange for

any of its functions to be discharged on its behalf by—

(a)
any committee of the London Waste Authority,

(b)
any sub-committee of such a committee,

(c)
any wholly owned subsidiary (within the meaning of

section 736(2) of the Companies Act 1985) of the London

Waste Authority,

(d)
any member of officer of the London Waste Authority, or

(e)
any body of members or officers, or members and officers,

of the London Waste Authority.

      (2)
Where the London Waste Authority makes arrangements under this

paragraph for the discharge of any function, the person or body by

whom the function is to be discharged shall exercise the function

subject to any conditions imposed by the London Waste Authority.

      (3)
Arrangements made by the London Waste Authority for the

discharge of functions under this paragraph shall not prevent the

London Waste Authority from exercising those functions.

Delegation by committees, sub-committees, etc

9    (1)
Where the London Waste Authority makes arrangements for the

discharge of any function by a committee under paragraph 7, the

committee may (subject to any conditions imposed by the London

Waste Authority) arrange for the discharge of the function on its

behalf by—

(a)
any sub committee of the committee,

(b)
any member or officer of the London Waste Authority, or

(c)
any body of members or officers, or members and officers,

of the London Waste Authority.

      (2)
Where—

(a)
the London Waste Authority makes arrangements for the

discharge of any function by a sub-committee under

paragraph 7, or

(b)
a committee of the London Waste Authority makes

arrangements for the discharge of any function by a sub-

committee under sub-paragraph (1),


the sub-committee may (subject to any conditions imposed by the

London Waste Authority or the committee) arrange for the

Public Bill Committee Proceedings: 23rd January 2007
53

Greater London Authority Bill, continued

discharge of the function on its behalf by any member or officer of

the London Waste Authority, or any body of members or officers,

or members and officers, of the London Waste Authority.

      (3)
Where a committee or sub-committee makes arrangements under

this paragraph for the discharge of any function, the person or body

by whom the function is to be discharged shall exercise the function

subject to any conditions imposed by the committee or sub-

committee.

      (4)
Arrangements made by a committee or sub-committee for the

discharge of functions under this paragraph shall not prevent the

committee or sub-committee from exercising those functions.

Joint committees with local authorities

10  (1)
The London Waste Authority shall be treated as a local authority for

the purposes of the following provisions of the Local Government

Act 1972 (c. 70) (arrangements for the discharge of functions of a

local authority by joint committees with other local authorities)—

(a)
section 101(5),

(b)
section 102, apart from subsection (1)(a) and subsection

(4), to the extent that it would permit the London Waste

Authority to appoint a committee that is not a joint

committee, and

(c)
section 103.

      (2)
Nothing in section 13 of the Local Government and Housing Act

1989 (c. 42) (voting rights of members of certain committees:

England and Wales) shall require a person to be treated as a non-

voting member of a committee appointed by the London Waste

Authority and one or more other local authorities by virtue of

section 101(5) of the Local Government Act 1972 if that person—

(a)
is appointed to the committee by the London Waste

Authority, and

(b)
is not a member of the London Waste Authority.

Minutes

11  (1)
Minutes shall be kept of proceedings of the London Waste

Authority, of its committees and sub-committees of such

committees.

      (2)
Minutes of any proceedings shall be evidence of those proceedings

if they are signed by a person purporting to have acted as chairman

of the proceedings to which the minutes relate or of any subsequent

proceedings in the course of which the minutes were approved as a

correct record.

      (3)
Where minutes of any such proceedings have been signed as

mentioned in sub-paragraph (2), those proceedings shall, unless the

contrary is shown, be deemed to have been validly convened and

constituted.