pbc0112301.54-60

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 23rd January 2007
54

Greater London Authority Bill, continued

Application of seal and proof of instruments

12  (1)
The application of the seal of the London Waste Authority shall be

authenticated by the signature of any member, officer or member of

staff of the London Waste Authority who has been authorised for

the purpose, whether generally or specially, by the London Waste

Authority.

      (2)
In sub-paragraph (1) the reference to the signature of a person

includes a reference to a facsimile of a signature by whatever

process reproduced; and, in paragraph 13, the word “signed” shall

be construed accordingly.

Documents service etc. on the London Waste Authority

13  (1)
Any document which the London Waste Authority is authorised or

required by or under any enactment to serve, make or issue may be

signed on behalf of the London Waste Authority by any member,

officer or member of staff of the London Waste Authority who has

been authorised for the purpose, whether generally or specially, by

the London Waste Authority.

      (2)
Every document purporting to be an instrument made or issued by

or on behalf of the London Waste Authority and to be duly executed

under the seal of the London Waste Authority, or to be signed or

executed by a person authorised by the London Waste Authority for

the purpose, shall be received in evidence and be treated, without

further proof, as being made or so issued unless the contrary is

shown.

      (3)
Any notice which is required or authorised, by or under any

provision of any other Act, to be given, served or issued by, to or on

the London Waste Authority shall be in writing.

Members’ interests

14  (1)
If a member of the London Waste Authority has any interest,

whether direct or indirect, and whether pecuniary or not, in any

matter that is brought up for consideration at a meeting of the

London Waste Authority he shall disclose the nature of the interest

to the meeting; and, where such a disclosure is made—

(a)
the disclosure shall be recorded in the minutes of the

meeting; and

(b)
the member shall not take any part in any deliberation or

decision of the London Waste Authority, or any of its

committees or sub-committees, with respect to that matter.

      (2)
A member need not attend in person at a meeting of the London

Waste Authority in order to make a disclosure which he is required

to make under this paragraph if he takes reasonable steps to ensure

that the disclosure is made by a notice which is read and considered

at the meeting.

      (3)
The Mayor may, subject to such conditions as he considers

appropriate, remove any disability imposed by virtue of this

paragraph in any case where the number of members of the London

Waste Authority disabled by virtue of this paragraph at any one

Public Bill Committee Proceedings: 23rd January 2007
55

Greater London Authority Bill, continued

time would be so great a proportion of the whole as to impede the

transaction of business.

      (4)
The power of the Mayor under sub-paragraph (3) includes power to

remove, either indefinitely or for any period, a disability which

would otherwise attach to any member, or members of any

description, by reason of such interests, and in respect of such

matters, as may be specified or described by the Mayor.

      (5)
Where the Mayor exercises the power under sub-paragraph (3) to

remove a disability—

(a)
he shall notify the London Waste Authority that he has

done so, and of this reasons for doing so, and

(b)
the removal of the disability and the Mayor’s reasons shall

be recorded in the minutes of the London Waste Authority.

      (6)
If any person fails to comply with the provisions of sub-paragraph

(1), he shall for each offence be liable on summary conviction to a

fine not exceeding level 4 on the standard scale unless he proves

that he did not know that the contract, proposed contract or other

matter in which he had the interest was the subject of consideration

at the Meeting.

      (7)
A prosecution for an offence under this paragraph shall not be

instituted except by or on behalf of the Director of Public

Prosecutions.

      (8)
The London Waste Authority may provide for the exclusion of a

member from a meeting of the London Waste Authority while any

contract, proposed contract or other matter in which he has such an

interest as is mentioned in sub-paragraph (1) is under consideration.

      (9)
Section 95 of the Local Government Act 1972 (pecuniary interests

for the purposes of section 94) shall apply for the purposes of this

paragraph as it applies for the purposes of that section.

    (10)
Section 96 of that Act (general notices and recording of disclosures

for the purposes of section 94) shall apply for the purposes of this

paragraph, but taking—

(a)
any reference to a proper officer of the authority as a

reference to an officer appointed by the London Waste

Authority for the purpose;

(b)
any reference to a member of the authority as a reference to

a member of the London Waste Authority;

(c)
any reference to premises owned by the authority as a

reference to premises owned by the London Waste

Authority; and

(d)
any reference to section 94 of that Act as a reference to this

paragraph.

    (11)
Subsections (4) and (5) of section 97 of that Act (disregard of

certain interests for the purposes of section 94) shall apply in

relation to this paragraph as they apply in relation to section 94 of

that Act, but as if—

(a)
the members of the London Waste Authority were

members of a local authority; and

Public Bill Committee Proceedings: 23rd January 2007
56

Greater London Authority Bill, continued

(b)
in subsection (5), for “a pecuniary interest” there were

substituted “an interest (whether pecuniary or not)”.

    (12)
Section 19 of the Local Government and Housing Act 1989

(members’ interests) shall apply as if—

(a)
the London Waste Authority were a local authority;

(b)
the members of the London Waste Authority were the

members of that local authority;

(c)
an officer appointed by the London Waste Authority for the

purpose were the proper officer of that local authority;

(d)
any reference to a pecuniary interest were a reference to an

interest, whether pecuniary or not; and

(e)
any reference to section 94 of the Local Government Act

1972 were a reference to this paragraph.

15  (1)
Subject to the following provisions of this paragraph and paragraph

16, the Secretary of State may authorise the London Waste

Authority to purchase compulsorily any land which is required by

the London Waste Authority or a subsidiary of the London Waste

Authority for the purposes of the discharge of any function.

      (2)
The Acquisition of Land Act 1981 (c. 67) shall apply to any

compulsory purchase by virtue of sub-paragraph (1).

      (3)
The London Waste Authority shall not by virtue of sub-paragraph

(1) submit to the Secretary of State a compulsory purchase order

authorising the acquisition of any land in accordance with section

2(2) of the Acquisition of Land Act 1981 unless the Mayor has

given his consent.

      (4)
Subject to sub-paragraph (5), the power of purchasing land

compulsorily in this paragraph includes power to acquire an

easement or other right over land by the creation of a new right.

      (5)
Sub-paragraph (4) does not apply to an easement or other right over

land which forms part of a common, open space or fuel or field

garden allotment within the meaning of section 19 of the

Acquisition of Land Act 1981.

16
The London Waste Authority does not have power to acquire land

(or any interest in land) for purposes which are not related to any of

the activities, other than the development of land, of the London

Waste Authority or any subsidiary of the London Waste

Authority.”.’.

Ms Karen Buck

Not called  NS2

To move the following Schedule:—

‘London Waste Authority—consequential amendments

The Greater London Authority Act 1999

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

Public Bill Committee Proceedings: 23rd January 2007
57

Greater London Authority Bill, continued

      (2)
For section 353(5)(b) (the Mayor’s municipal waste management strategy)

substitute “(b)  the London Waste Authority”.

      (3)
In section 353(5)(d) for “waste disposal authorities in Greater London”

substitute “the London Waste Authority”.

      (4)
In section 355 (duties of waste collection authorities etc.) for “each of the

waste disposal authorities in Greater London” substitute “the London Waste

Authority”.

      (5)
In section 356(1) (directions by the Mayor) for “a waste disposal authority in

Greater London” substitute “the London Waste Authority”.

      (6)
In section 360(1) for “359” substitute “359B”.

      (7)
In section 360(2) (interpretation of sections 353 to 359)—

(a)
in the definition of “municipal waste” for paragraph (b) substitute “the

London Waste Authority”;

(b)
in the definition of “waste authority” for paragraph (b) substitute “the

London Waste Authority”; and

(c)
in the definition of “waste disposal authority in Greater London” omit

“in Greater London”.

      (8)
In section 424(1) (interpretation) in the definition of “functional body”, after

“(b) the London Development Agency” insert “(ba) the London Waste

Authority”.

The Environmental Protection Act 1990

2    (1)
The Environmental Protection Act 1990 (c. 43) shall be amended as follows.

      (2)
For section 30(2)(b) (authorities for the purposes of this part) substitute “in

Greater London, the London Waste Authority”.

      (3)
In section 44A(5)(a) (national waste strategy: England and Wales) after

“Agency” insert “and the London Waste Authority,”.

The Joint Waste Disposal Authorities (Recycling Payments) (Disapplication) (England)

Order 2006

3
In article 2 of the Joint Waste Disposal Authorities (Recycling Payments)

(Disapplication) (England) Order 2006 (S.I. 2006/651) for “an authority

established under regulation 2(1) of the Waste Regulation and Disposal

(Authorities) Order 1985 and named in Schedule 1 to that Order” substitute

“the London Waste Authority”.

The Refuse Disposal (Amenity) Act 1978

4    (1)
The Refuse Disposal (Amenity) Act 1978 (c. 3) shall be modified as follows.

      (2)
Section 3(6) shall have effect as if—

(a)
“whose area is included in the area of a London waste disposal

authority” were omitted, and

(b)
for “the authority in question” were substituted “the London Waste

Authority, the Greater Manchester Waste Disposal Authority or the

Merseyside Waste Disposal Authority, as the case may be”.

      (3)
Section 3(8) shall have effect as if for “a London waste disposal authority”

were substituted “the London Waste Authority”.

      (4)
Section 4(8) shall have effect as if—

(a)
for “in the area of a London waste disposal authority, that authority”

were substituted “in Greater London, the London Waste Authority”,

and

(b)
section 4(8)(b) were omitted.

Public Bill Committee Proceedings: 23rd January 2007
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Greater London Authority Bill, continued

      (5)
Section 5(4) shall have effect as if for “whose area is included in the area of a

London waste disposal authority, that authority” were substituted “, the

London Waste Authority”.

      (6)
Section 5(5)(a) shall have effect as if—

(a)
“whose area is included in the area of a London waste disposal

authority” were omitted, and

(b)
for “the authority in question” were substituted “the London Waste

Authority, the Greater Manchester Waste Disposal Authority or the

Merseyside Waste Disposal Authority, as the case may be”.’.

Ms Karen Buck

Not called  NS3

To move the following Schedule:—

‘Promotions of Bills in Parliament by the London Waste Authority

This is the Schedule that is to be inserted as Schedule 29B to the GLA Act 1999—

“SCHEDULE 29B

Promotions of Bills in Parliament by the London Waste Authority

Preliminary requirements

5
No Bill may be deposited in Parliament by virtue of section 359F(1)(a) until

the requirements of paragraph 2 have been complied with.

Consultation on draft Bill

6    (1)
The London Waste Authority shall—

(a)
prepare a draft of the proposed Bill (“the draft Bill”);

(b)
send copies of the draft Bill to the bodies and persons specified in sub-

paragraph (2); and

(c)
consult those bodies and persons about the draft Bill.

      (2)
Those bodies and persons are—

(a)
the Mayor;

(b)
the Assembly;

(c)
every London borough council; and

(d)
the Common Council.

      (3)
Where the London Waste Authority sends copies of the draft Bill to those

bodies and persons pursuant to sub-paragraph (1)(b), it shall also give those

bodies and persons notice of the time within which, and the place at which,

they may make representations about the draft Bill.

Publicity for, and exposure of, the draft Bill

7    (1)
Throughout the consultation period, the London Waste Authority shall take

such steps as in its opinion will give adequate publicity to the draft Bill.

      (2)
A copy of the draft Bill shall be kept available by the London Waste Authority

for inspection by any person on request free of charge—

(a)
at the principal offices of the London Waste Authority, and

Public Bill Committee Proceedings: 23rd January 2007
59

Greater London Authority Bill, continued

(b)
at such other places as the London Waste Authority considers

appropriate


at reasonable hours throughout the consultation period.

      (3)
A copy of the draft Bill, or of any part of the draft Bill, shall be supplied to any

person on request during the consultation period for such reasonable fee as the

London Waste Authority may determine.

      (4)
In this paragraph “the consultation period” means the period which—

(a)
begins with the first day after the requirements of paragraph 2(1)(b)

have been complied with; and

(b)
ends with the time notified pursuant to paragraph 2(3).

Deposit of the Bill in Parliament

8    (1)
If, after the requirements of paragraph 2 have been complied with, a Bill is

deposited in Parliament by virtue of section 359F(1)(a), that Bill must be in the

form of the draft Bill, either as originally prepared or as modified to take

account of—

(a)
representations made pursuant to paragraph 2;

(b)
other representations made within the consultation period; or

(c)
other material considerations.

      (2)
In this paragraph “the consultation period” has the same meaning as in

paragraph 3.

Bills affecting statutory functions of London local authorities

9    (1)
If a Bill proposed to be deposited in Parliament by virtue of section 359F(1)(a)

contains provisions affecting the exercise of statutory function by a London

local authority, the Bill shall not be deposited in Parliament unless—

(a)
in a case where the exercise of statutory functions of one London local

authority is affected, that authority has given its written consent to the

Bill in the form in which it is to be so deposited; or

(b)
in a case where the exercise of statutory functions of two or more

London local authorities is affected, at least 90 per cent. of all London

local authorities have given their written consent to the Bill in that

form.

      (2)
In this paragraph “London local authority” means—

(a)
a London borough council; or

(b)
the Common Council.

Publicity for the deposited Bill

10  (1)
This paragraph applies where a Bill (“the deposited Bill”) is deposited in

Parliament by virtue of section 359F(1)(a).

      (2)
During the period of 14 days following the day on which the deposited Bill is

deposited in Parliament, the London Waste Authority shall take such steps as

in its opinion will give adequate publicity to the Bill.

      (3)
A copy of the deposited Bill shall be kept available by the London Waste

Authority for inspection by any person on request free of charge—

(a)
at the principal offices of the London Waste Authority, and

(b)
at such other places as the London Waste Authority considers

appropriate,


at reasonable hours throughout the period the Bill is in Parliament.

Public Bill Committee Proceedings: 23rd January 2007
60

Greater London Authority Bill, continued

      (4)
A copy of the deposited Bill, or of any part of the deposited Bill, shall be

supplied to any person on request during that period for such reasonable fee as

the London Waste Authority may determine.”.’.

Yvette Cooper

Agreed to

That certain memoranda already reported to the House be appended to the proceedings of the

Committee.

Bill to be reported without Amendment.