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| | ‘(1) | There shall be an office to be known as the Budget and Performance Office |
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| | (London Assembly) to be headed by a Director who shall be appointed by the |
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| | Assembly on a simple majority vote upon the recommendation of an independent |
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| | Budget and Performance Office Advisory Board. |
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| | (2) | The Director shall be appointed without regard to political affiliation and solely |
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| | on the basis of fitness to perform the duties assigned by the Assembly. The terms |
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| | of office of Directors appointed shall expire upon each general election of the |
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| | Assembly. Any individual appointed to fill a vacancy prior to the expiration of a |
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| | term shall serve only for the unexpired portion of the term. An individual serving |
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| | as Director at the expiration of a term may continue to serve until a successor is |
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| | (3) | The funds available to pay for the expenses of the Budget and Performance Office |
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| | (London Assembly) during each financial year shall not be less than the |
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| | equivalent of 10 per cent. of the annual expenditure of the Greater London |
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| | Authority Finance Department. |
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| | (4) | The Director shall appoint such personnel and procure the services of such |
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| | experts and consultants within the funds available as may be necessary for the |
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| | Director to carry out the duties and functions assigned herein. Such personnel and |
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| | experts shall perform such duties as may be assigned to them by the Director. |
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| | (5) | The Director shall be authorised to secure such information, data, estimates and |
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| | statistics from the functional bodies of the Greater London Authority as the |
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| | Director determines to be necessary for the performance of the functions and |
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| | duties of the office, and such bodies shall provide such information, to the extent |
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| | that it is available, in a timely fashion. |
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| | (6) | The Director shall not be entitled to obtain records which are protected by |
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| | commercial sensitivity or material prepared for litigation. |
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| | (7) | There shall be an independent Budget and Performance Office Advisory Board |
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| | consisting of 10 members appointed jointly by the chairs of each of the |
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| | Authority’s functional bodies and the Mayor. |
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| | (8) | The members of the Budget and Performance Office Advisory Board must have |
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| | extensive experience and knowledge in the fields of finance, economics, |
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| | accounting, public administration and public policy analysis, and must include at |
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| | least one former Finance Director of the Greater London Authority or of a |
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| | comparable office in another local authority. |
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| | (9) | It shall be the duty of the Budget and Performance Office (London Assembly) to |
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| | provide to Assembly Members information which will assist in the discharge of |
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| | their responsibilities which are related to the budgetary process, including— |
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| | (a) | information with respect to the budget, consultations, strategies and |
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| | policies with financial implications; |
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| | (b) | information with respect to estimated revenues and receipts and changing |
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| | (c) | to the extent practicable, such other information or analyses as may be |
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| | (10) | The Director, upon the request of Assembly Members, shall complete a financial |
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| | impact statement of such proposed consultation, strategy and policy. |
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| | (11) | The Director shall from time to time publish such reports as may be appropriate |
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| | to enhance official and public understanding of the budgetary process and of the |
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| | budget documents published in accordance with current legislation. The Director |
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| | shall from time to time publish such reports as may be necessary or appropriate |
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| | to provide such information, data, and analysis as will enhance official and public |
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| | understanding of matters relating to expenditures, financial management |
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| | practices and related matters. |
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| | (12) | The Director shall publish an annual report on the performance of the Greater |
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| | London Authority and the functional bodies of the Greater London Authority. |
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| | (13) | The Director shall make all information, data, estimates, and statistics obtained in |
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| | pursuance of subsection (5) and all studies and reports prepared by the office, |
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| | available for public inspection, both in person and online.’. |
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| To move the following Clause:— |
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| | ‘(1) | Section 27 of the London Transport Act 1971 is amended as follows. |
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| | (2) | After subsection (2) insert— |
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| | “(2A) | Transport for London or any of its subsidiaries within the meaning of the |
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| | Greater London Authority Act 1999 shall not place, maintain or permit |
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| | to be placed or maintained an advertisement on or in any shelter or other |
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| | accomodation erected on a highway in pursuance of the said section 104 |
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| | other than the advertisements authorised by the said section without the |
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| | consent of the local authority of the district in which such highway is |
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| | (2B) | A local authority may give consent pursuant to subsection (2A) subject |
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| | to such reasonable terms and conditions as it considers appropriate |
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| | including terms as to the payment to the local authority of a reasonable |
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| | proportion of any income received in respect of any such |
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| To move the following Schedule:— |
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| | | This is the Schedule that is to be inserted as Schedule 29A to the GLA Act |
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| | 1 (1) | The London Waste Authority shall not be regarded as the servant or |
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| | agent of the Crown or as enjoying any status, immunity or privilege |
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| | (2) | The members and staff of the London Waste Authority shall not be |
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| | regarded as civil servants and the property of the London Waste |
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| | Authority shall not be regarded as property of, or held on behalf of, |
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| | (3) | It shall be within the capacity of the London Waste Authority to do |
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| | such things and enter into such transactions as are calculated to |
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| | facilitate, or are conducive or incidental to, the discharge of any of |
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| | Membership of the London Waste Authority |
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| | 2 (1) | The London Waste Authority shall consist of fifteen members |
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| | appointed by the Mayor of whom no fewer than six have been |
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| | nominated by, and (at the time of their appointment) are elected |
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| | (a) | a London borough council, or |
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| | (b) | the Common Council of the City of London. |
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| | (2) | The Mayor may determine the process of nominating and |
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| | appointing members under sub-paragraph (1). |
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| | (3) | The Mayor cannot appoint himself as a member of the London |
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| | (4) | In appointing a person under sub-paragraph (1), the Mayor shall |
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| | have regard to the desirability of ensuring that the members of the |
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| | London Waste Authority between them have experience in— |
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| | (b) | delivering large capital programmes, |
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| | (d) | waste management, and |
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| | (5) | The terms and conditions of appointment of a member of the |
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| | London Waste Authority (including conditions as to remuneration) |
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| | shall be such as the Mayor may determine. |
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| | (6) | The Mayor may, by notice to a member of the London Waste |
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| | Authority, remove that member from office. |
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| | Chairman and deputy chairmen |
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| | 3 | The Mayor shall designate— |
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| | (a) | one of the members of the London Waste Authority to be |
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| | chairman of the London Waste Authority, and |
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| | (b) | another of the members to be deputy chairman of the |
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| | 4 (1) | The London Waste Authority may appoint such staff as it considers |
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| | necessary for assisting in the exercise of any of its functions. |
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| | (2) | The staff of the London Waste Authority shall be appointed on such |
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| | terms and conditions (including conditions as to remuneration) as |
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| | the London Waste Authority shall determine |
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| | Proceedings of the London Waste Authority |
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| | 5 (1) | Subject to the provisions of this Schedule, the London Waste |
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| | Authority may regulate its own procedures and that of the |
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| | committees of the London Waste Authority and sub-committees of |
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| | such committees (and in particular may specify a quorum for |
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| | (2) | The validity of any proceedings of the London Waste Authority |
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| | (a) | by any vacancy among the members or in the office of |
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| | chairman or deputy chairman, or |
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| | (b) | by any defect in the appointment of any person as a |
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| | member, or as chairman or deputy chairman, of the London |
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| | Membership of committees and sub-committees |
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| | 6 (1) | A committee of the London Waste Authority or a sub-committee of |
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| | such a committee may include persons who are not members of the |
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| | (2) | A person who is a member of a committee of the London Waste |
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| | Authority or a sub-committee of such a committee but is not a |
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| | member of the London Waste Authority shall be a non-voting |
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| | member of the committee or sub-committee. |
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| | 7 (1) | The London Waste Authority may form, promote and assist, or join |
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| | with any other person in forming, promoting and assisting, a |
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| | company for the purpose of— |
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| | (a) | carrying on any activities which the London Waste |
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| | Authority has power to carry on, or |
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| | (b) | carrying on such activities together with activities which |
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| | the London Waste Authority does not have power to carry |
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| | (2) | The London Waste Authority may enter into and carry out |
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| | agreements with any person for the carrying on by that person, |
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| | whether as agent for the London Waste Authority or otherwise, of |
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| | any activities which the London Waste Authority has power to |
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| | carry on (and, in particular, with respect to the disposal of waste). |
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| | (3) | The London Waste Authority may also enter into and carry out an |
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| | agreement with any person for the carrying on by that person (“the |
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| | contractor”) of any activities which the London Waste Authority |
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| | does not have the power to carry on if the agreement includes |
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| | provision for one or more of the following, namely— |
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| | (a) | the carrying on by the contractor of such activities as are |
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| | mentioned in sub-paragraph (2); |
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| | (b) | the provision by the contractor to the London Waste |
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| | Authority of services ancillary to the disposal of waste; and |
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| | (c) | the use by the contractor of land or other property owned |
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| | by the London Waste Authority, or transferred to the |
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| | contractor by the London Waste Authority, for the |
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| | purposes of the agreement. |
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| | (4) | Where an agreement has been entered into under sub-paragraph (2) |
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| | or (3), the powers conferred on the London Waste Authority by that |
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| | subsection include power to enter into and carry out other |
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| | agreements with other persons for the purpose of— |
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| | (a) | fulfilling any condition which must be fulfilled before the |
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| | agreement can have effect; or |
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| | (b) | satisfying any requirement imposed by or under the |
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| | (a) | a company has been formed in the exercise of the powers |
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| | conferred by sub-paragraph (1) (whether by the London |
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| | Waste Authority alone or by the London Waste Authority |
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| | jointly with some other person); or |
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| | (b) | the London Waste Authority has entered into an agreement |
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| | with any person in exercise of its powers under sub- |
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| | | the London Waste Authority may enter into arrangements with that |
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| | company or person for the transfer from the London Waste |
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| | Authority to that company or person, in such manner and on such |
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| | terms (including payments by any of the parties to the arrangements |
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| | to any of the other parties) as may be provided for by the |
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| | arrangements, of any property, rights or liabilities of the London |
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| | Waste Authority relevant to the purpose for which the company was |
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| | formed or (as the case may be) to the performance by that person of |
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| | his obligations under the agreement. |
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| | (6) | The London Waste Authority shall have power to enter into and |
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| | carry out agreements with— |
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| | (a) | any of its subsidiaries; or |
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| | (b) | any person with whom it has entered into an agreement by |
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| | virtue of sub-paragraph (2) or (3), |
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| | | providing for the London Waste Authority to give assistance to the |
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| | other party to the agreement by making available to that party any |
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| | services, amenities or facilities provided by, or any works or land or |
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| | other property belonging to, the London Waste Authority, on such |
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| | terms (including the reciprocal provision by that other party for |
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| | similar assistance for the London Waste Authority) as may be |
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| | (7) | The power of the London Waste Authority under sub-paragraph (2) |
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| | or (3) to enter into an agreement as there mentioned is exercisable |
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| | notwithstanding that the agreement involves the delegation of the |
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| | functions of the London Waste Authority under any enactment |
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| | relating to any part of its undertaking. |
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| | Delegation by the London Waste Authority |
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| | 8 (1) | Subject to any express provision contained in this Act or any Act |
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| | passed after this Act, the London Waste Authority may arrange for |
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| | any of its functions to be discharged on its behalf by— |
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| | (a) | any committee of the London Waste Authority, |
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| | (b) | any sub-committee of such a committee, |
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| | (c) | any wholly owned subsidiary (within the meaning of |
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| | section 736(2) of the Companies Act 1985) of the London |
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| | (d) | any member of officer of the London Waste Authority, or |
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| | (e) | any body of members or officers, or members and officers, |
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| | of the London Waste Authority. |
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| | (2) | Where the London Waste Authority makes arrangements under this |
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| | paragraph for the discharge of any function, the person or body by |
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| | whom the function is to be discharged shall exercise the function |
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| | subject to any conditions imposed by the London Waste Authority. |
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| | (3) | Arrangements made by the London Waste Authority for the |
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| | discharge of functions under this paragraph shall not prevent the |
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| | London Waste Authority from exercising those functions. |
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| | Delegation by committees, sub-committees, etc |
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| | 9 (1) | Where the London Waste Authority makes arrangements for the |
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| | discharge of any function by a committee under paragraph 7, the |
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| | committee may (subject to any conditions imposed by the London |
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| | Waste Authority) arrange for the discharge of the function on its |
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| | (a) | any sub committee of the committee, |
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| | (b) | any member or officer of the London Waste Authority, or |
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| | (c) | any body of members or officers, or members and officers, |
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| | of the London Waste Authority. |
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| | (a) | the London Waste Authority makes arrangements for the |
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| | discharge of any function by a sub-committee under |
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| | (b) | a committee of the London Waste Authority makes |
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| | arrangements for the discharge of any function by a sub- |
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| | committee under sub-paragraph (1), |
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| | | the sub-committee may (subject to any conditions imposed by the |
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| | London Waste Authority or the committee) arrange for the |
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| | discharge of the function on its behalf by any member or officer of |
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| | the London Waste Authority, or any body of members or officers, |
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| | or members and officers, of the London Waste Authority. |
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| | (3) | Where a committee or sub-committee makes arrangements under |
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| | this paragraph for the discharge of any function, the person or body |
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| | by whom the function is to be discharged shall exercise the function |
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| | subject to any conditions imposed by the committee or sub- |
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| | (4) | Arrangements made by a committee or sub-committee for the |
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| | discharge of functions under this paragraph shall not prevent the |
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| | committee or sub-committee from exercising those functions. |
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| | Joint committees with local authorities |
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| | 10 (1) | The London Waste Authority shall be treated as a local authority for |
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| | the purposes of the following provisions of the Local Government |
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| | Act 1972 (c. 70) (arrangements for the discharge of functions of a |
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| | local authority by joint committees with other local authorities)— |
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| | (b) | section 102, apart from subsection (1)(a) and subsection |
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| | (4), to the extent that it would permit the London Waste |
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| | Authority to appoint a committee that is not a joint |
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| | (2) | Nothing in section 13 of the Local Government and Housing Act |
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| | 1989 (c. 42) (voting rights of members of certain committees: |
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| | England and Wales) shall require a person to be treated as a non- |
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| | voting member of a committee appointed by the London Waste |
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| | Authority and one or more other local authorities by virtue of |
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| | section 101(5) of the Local Government Act 1972 if that person— |
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| | (a) | is appointed to the committee by the London Waste |
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| | (b) | is not a member of the London Waste Authority. |
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| | 11 (1) | Minutes shall be kept of proceedings of the London Waste |
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| | Authority, of its committees and sub-committees of such |
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| | (2) | Minutes of any proceedings shall be evidence of those proceedings |
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| | if they are signed by a person purporting to have acted as chairman |
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| | of the proceedings to which the minutes relate or of any subsequent |
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| | proceedings in the course of which the minutes were approved as a |
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| | (3) | Where minutes of any such proceedings have been signed as |
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| | mentioned in sub-paragraph (2), those proceedings shall, unless the |
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| | contrary is shown, be deemed to have been validly convened and |
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