House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Report Stage Proceedings: 27th February 2007
105

Greater London Authority Bill, continued

“359I
Transfer schemes

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

the establishment of the London Waste Authority.

(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.”.’.

Litter

Ms Karen Buck

Mr Andrew Dismore

John Austin

Not called  nc7

To move the following Clause:—

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

(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”.’.

Report Stage Proceedings: 27th February 2007
106

Greater London Authority Bill, continued

Approval of Mayor’s final draft budget by Assembly

Tom Brake

Norman Baker

Negatived on division  nc8

To move the following Clause:—

‘In Schedule 6 to the GLA Act 1999 (procedure for determining the Authority’s

consolidated budget requirement), paragraph 8(4) is omitted.’.

Planning: access to information etc.

Mrs Caroline Spelman

Michael Gove

Mrs Jacqui Lait

Negatived on division  NC9

To move the following Clause:—

‘(1)
The Mayor of London shall only exercise his powers under the Town and Country

Planning Act 1990 and the Planning and Compulsory Purchase Act 2004 at

meetings (“planning meetings”).

(2)
A planning meeting shall be open to the public except to the extent that they are

excluded (whether during the whole or part of the proceedings) under subsection

(3) below or by decision under subsection (5) below.

(3)
The public shall be excluded from a planning meeting during an item of business

whenever it is likely, in view of the nature of the business to be transacted or the

nature of the proceedings, that, if members of the public were present during that

item, confidential information would be disclosed to them in breach of the

obligation of confidence; and nothing in this Part shall be taken to authorise or

require the disclosure of confidential information in breach of the obligation of

confidence.

(4)
For the purposes of subsection (3) above, “confidential information” means—

(a)
information furnished to the council by a Government department upon

terms (however expressed) which forbid the disclosure of the

information to the public; and

(b)
information the disclosure of which to the public is prohibited by or

under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed

accordingly.

(5)
The Mayor of London may exclude the public from a meeting during an item of

business whenever it is likely, in view of the nature of the business to be

transacted or the nature of the proceedings, that if members of the public were

present during that item there would be disclosure to them of exempt information,

as defined in section 100I of the Local Government Act 1972.

(6)
A decision under subsection (5) above shall—

(a)
identify the proceedings, or the part of the proceedings, to which it

applies, and

(b)
state the description, in terms of Schedule 12A to the Local Government

Act 1972, of the exempt information giving rise to the exclusion of the

public,

Report Stage Proceedings: 27th February 2007
107

Greater London Authority Bill, continued

and where a decision is made this section does not require the meeting to be open

to the public during proceedings to which the decision applies.

(7)
The following provisions shall apply in relation to a meeting of a principal

council—

(a)
public notice of the time and place of the meeting shall be given by

posting it at the offices of the Mayor of London five clear days at least

before the meeting or, if the meeting is convened at shorter notice, then

at the time it is convened;

(b)
while the meeting is open to the public, the Mayor of London shall not

have power to exclude members of the public from the meeting.

(8)
Nothing in this section shall require the Mayor of London to permit the taking of

photographs of any proceedings, or the use of any means to enable persons not

present to see or hear any proceedings (whether at the time or later), or the making

of any oral report on any proceedings as they take place.

(9)
This section is without prejudice to any power of exclusion to suppress or prevent

disorderly conduct or other misbehaviour at a meeting.’.

Planning: access to agenda and connected reports

Mrs Caroline Spelman

Michael Gove

Mrs Jacqui Lait

Not called  NC10

To move the following Clause:—

‘(1)
Copies of the agenda for a planning meeting and, subject to subsection (2) below,

copies of any report for the meeting shall be open to inspection by members of

the public at the offices of the Mayor of London in accordance with subsection

(3) below.

(2)
If the proper officer thinks fit, there may be excluded from the copies of reports

provided in pursuance of subsection (1) above the whole of any report which, or

any part which, relates only to items during which, in his opinion, the meeting is

likely not to be open to the public.

(3)
Any document which is required by subsection (1) above to be open to inspection

shall be so open at least five clear days before the meeting, except that—

(a)
where the meeting is convened at shorter notice, the copies of the agenda

and reports shall be open to inspection from the time the meeting is

convened, and

(b)
where an item is added to an agenda copies of which are open to

inspection by the public, copies of the item (or of the revised agenda), and

the copies of any report of the meeting relating to the item, shall be open

to inspection from the time the item is added to the agenda;

but nothing in this subsection requires copies of any agenda, item or report to be

open to inspection by the public until copies are available to the Mayor of

London.

(4)
An item of business may not be considered at a planning meeting unless either—

(a)
a copy of the agenda including the item (or a copy of the item) is open to

inspection by members of the public in pursuance of subsection (1) above

for at least five clear days before the meeting or, where the meeting is

convened at shorter notice, from the time the meeting is convened; or

Report Stage Proceedings: 27th February 2007
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Greater London Authority Bill, continued

(b)
by reason of special circumstances, which shall be specified in the

minutes, the Mayor of London is of the opinion that the item should be

considered at the meeting as a matter of urgency.

(5)
Where by virtue of subsection (2) above the whole or any part of a report for a

meeting is not open to inspection by the public under subsection (1) above—

(a)
every copy of the report or of the part shall be marked “Not for

publication”; and

(b)
there shall be stated on every copy of the whole or any part of the report

the description, in terms of Schedule 12A to the Local Government Act

1972, of the exempt information by virtue of which the council are likely

to exclude the public during the item to which the report relates.

(6)
Where a planning meeting is required by section [Planning: access to information

etc.] to be open to the public during the proceedings or any part of them, there

shall be made available for the use of members of the public present at the

meeting a reasonable number of copies of the agenda and, subject to subsection

(8) below, of the reports for the meeting.

(7)
There shall, on request and on payment of postage or other necessary charge for

transmission, be supplied for the benefit of any newspaper—

(a)
a copy of the agenda for a meeting of a principal council and, subject to

subsection (8) below, a copy of each of the reports for the meeting;

(b)
such further statements or particulars, if any, as are necessary to indicate

the nature of the items included in the agenda; and

(c)
if the proper officer thinks fit in the case of any item, copies of any other

documents supplied to members of the council in connection with the

item.

(8)
Subsection (2) above applies in relation to copies of reports provided in

pursuance of subsection (6) or (7) above as it applies in relation to copies of

reports provided in pursuance of subsection (1) above.’.

Planning: inspection of minutes and other documents after planning meetings

Mrs Caroline Spelman

Michael Gove

Mrs Jacqui Lait

Not called  NC11

To move the following Clause:—

‘(1)
After a planning meeting the following documents shall be open to inspection by

members of the public at the offices of the Mayor of London until the expiration

of the period of six years beginning with the date of the meeting—

(a)
the minutes, or a copy of the minutes, of the meeting, excluding so much

of the minutes of proceedings during which the meeting was not open to

the public as discloses exempt information;

(b)
where applicable, a summary under subsection (2) below;

(c)
a copy of the agenda for the meeting; and

(d)
a copy of so much of any report for the meeting as relates to any item

during which the meeting was open to the public.

(2)
Where, in consequence of the exclusion of parts of the minutes which disclose

exempt information, the document open to inspection under subsection (1)(a)

above does not provide members of the public with a reasonably fair and coherent

Report Stage Proceedings: 27th February 2007
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Greater London Authority Bill, continued

record of the whole or part of the proceedings, the proper officer shall make a

written summary of the proceedings or the part, as the case may be, which

provides such a record without disclosing the exempt information.’.

Planning: inspection of background papers

Mrs Caroline Spelman

Michael Gove

Mrs Jacqui Lait

Not called  NC12

To move the following Clause:—

‘(1)
Subject, in the case of section [Planning: inspection of minutes and other

documents after planning meetings] (1), to subsection (2) below, if and so long as

copies of the whole or part of a report for a planning meeting are required by

section [Planning: access to agenda and connected reports] (1) or [Planning:

inspection of minutes and other documents after planning meetings] (1) to be

open to inspection by members of the public—

(a)
those copies shall each include a copy of a list, compiled by the proper

officer, of the background papers for the report or the part of the report,

and

(b)
at least one copy of each of the documents included in that list shall also

be open to inspection at the offices of the Mayor of London.

(2)
Subsection (1) above does not require a copy of any document included in the list

to be open to inspection after the expiration of the period of four years beginning

with the date of the meeting.

(3)
Where a copy of any of the background papers for a report is required by

subsection (1) above to be open to inspection by members of the public, the copy

shall be taken for the purposes of this Part to be so open if arrangements exist for

its production to members of the public as soon as is reasonably practicable after

the making of a request to inspect the copy.

(4)
Nothing in this section—

(a)
requires any document which discloses exempt information to be

included in the list referred to in subsection (1) above; or

(b)
without prejudice to the generality of section [Planning: access to

information etc.], requires or authorises the inclusion in the list of any

document which, if open to inspection by the public, would disclose

confidential information in breach of the obligation of confidence, within

the meaning of that subsection.

(5)
For the purposes of this section the background papers for a report are those

documents relating to the subject matter of the report which—

(a)
disclose any facts or matters on which, in the opinion of the proper

officer, the report or an important part of the report is based, and

(b)
have, in his opinion, been relied on to a material extent in preparing the

report, but do not include any published works.’.

Report Stage Proceedings: 27th February 2007
110

Greater London Authority Bill, continued

Pedicabs

Mr Mark Field

Not selected  nc13

To move the following Clause:—

‘(1)
Subsections (2) to (5) shall have effect in Greater London.

(2)
In determining, for the purposes of enactments mentioned in subsection (3), who

was the owner of a pedicab at any time, it shall be presumed, if the pedicab were

licensed, that the owner was the person in whose name the pedicab was licensed

at that time.

(3)
Those enactments are—

(a)
Part II of the Road Traffic Act 1991 (c.40) (traffic in London);

(b)
Part II of and Schedule 1 to the London Authorities Act 1996 (c.ix) (bus

lanes);

(c)
regulations made under section 144 of the Transport Act 2000 (c.38)

(civil penalties for bus lane contraventions);

(d)
sections 4 to 7 of the London Local Authorities and Transport for London

Act 2003 (c.iii) (road traffic and highways);

(e)
regulations under section 72 of the Traffic Management Act 2004 (c.18)

(civil penalties for road traffic contraventions);

(f)
any other enactment whether passed before or after this Act which

provides for the service of penalty charge notices or notices to owner on

the owner of a vehicle.

(4)
For the purposes of the enactments mentioned in subsection (3) above, a pedicab

business is not to be treated as a vehicle-hire firm.

(5)
An authority responsible for the licensing of pedicabs shall, on request, make

available to a traffic authority the name and address of the person in whose name

a particular pedicab is licensed.

(6)
In section 15(12) of the Greater London Council (General Powers Act 1974

(c.xxiv) (parking on footways, grass verges, etc.)), in the definition of “vehicles”,

after “means” insert “a pedicab (withing the meaning given by section (Pedicabs)

of the Greater London Authority Act 2007), or”.

(7)
The London Local Authorities and Transport for London Act 2003 is amended as

follows—

(a)
in section 4(5) (penalty charges for road traffic contraventions), for the

words “motor vehicle” there is substituted “vehicle”;

(b)
in section 4(16), the definition of “motor vehicle” is omitted and the

following definition is inserted at the end—

“ “vehicle” means a mechanically propelled vehicle intended or

adapted for use on roads and a pedicab within the meaning given

by section (Pedicabs) of the Greater London Authority Act

2007.”.

(8)
In this section—

“licensed” means licensed under section 6 of the Metropolitan Public

Carriage Act 1869 (c.115) or any other enactment specified in

regulations;

“pedicab” means a cycle constructed or adapted—

(a)
to seat one or more passengers; and

(b)
for the purpose of being made available with a driver in the

course of a business for the purpose of carrying passengers;

“pedicab business” means a business which consists, in whole or in part,

of—

Report Stage Proceedings: 27th February 2007
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Greater London Authority Bill, continued

(c)
the ownership of pedicabs;

(d)
the letting out of pedicabs to riders for use as a pedicab; or

(e)
taking bookings for the use of pedicabs by passengers.’.

Determination of applications for planning permission

Mrs Caroline Spelman

Michael Gove

Mrs Jacqui Lait

Not called  NC16

To move the following Clause:—

‘(1)
Section 70 of TCPA 1990 (determination of applications: general considerations)

is amended as follows.

(2)
After subsection (2) insert—

“(2A)
In respect of applications which are to be determined by the Mayor of

London in accordance with a direction under section 2A of this Act, the

Secretary of State may by regulations made provision about—

(a)
how the Mayor should take into consideration those aspects of

the application which are not relevant to the spatial development

strategy but are relevant to other development plans;

(b)
how the Mayor should deal with cases which require him to have

regard to the spatial development strategy and another

development plan, but where there are conflicts between the

two.”.’.

Secretary Ruth Kelly

Agreed to  8

Page  3,  line  31,  [Clause  4],  at end insert—

‘(6)
The Secretary of State must consult—

(a)
the Mayor, and

(b)
the Assembly,


before making an order under subsection (5) above.”.’.

Secretary Ruth Kelly

Agreed to  9

Page  18,  line  21  [Clause  18],  leave out ‘and’.

Secretary Ruth Kelly

Agreed to  10

Page  18,  line  23  [Clause  18],  at end insert—