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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            

108

 

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            

109

 

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            

111

 

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—


 
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