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| | (1) | The power conferred by subsection (2) is exercisable in connection with |
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| | the establishment of the London Waste Authority. |
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| | (2) | The London Waste Authority may make one or more schemes for the |
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| | transfer of property, rights or liabilities from any body falling within |
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| | subsection (3) to any other such body as specified in or determined in |
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| | accordance with the scheme. |
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| | (a) | the London Waste Authority, |
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| | (b) | any subsidiary of the London Waste Authority; |
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| | (c) | any local authority in Greater London; and |
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| | (d) | an authority established by Part 2, 3, 4 or 5 of Schedule 1 to the |
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| | Waste Regulation and Disposal (Authorities) Order 1985 (S.I., |
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| | (4) | On a date specified by a scheme as the date on which the scheme is to |
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| | have effect, the designated property, rights or liabilities are transferred |
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| | and vest in accordance with the scheme. |
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| | (5) | A scheme under this section shall not take effect unless and until it has |
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| | been approved by the Mayor. |
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| | (6) | Where a scheme under this section is submitted to the Mayor for his |
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| | approval, he may, after consultation with the London Waste Authority, |
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| | modify the scheme before approving it. |
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| | (7) | The transfers which may be made by virtue of a scheme under this section |
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| | include transfers taking effect before, on or after the dissolution of the |
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| | joint waste authorities under section 359A(7). |
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| | (8) | Schedule 12 (which makes further provision in relation to schemes under |
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| | this section) shall have effect.”.’. |
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| To move the following Clause:— |
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| | ‘(1) | Section 360 of the GLA Act 1999 (interpretation) is amended as follows. |
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| | (2) | In the definition of “waste contract” in subsection (2) for “Part 2 of that Act |
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| | (waste on land)” substitute “Part 2 (waste on land) or section 89 of Part 4 (Litter |
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| | Approval of Mayor’s final draft budget by Assembly |
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| | Negatived on division nc8 |
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| To move the following Clause:— |
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| | ‘In Schedule 6 to the GLA Act 1999 (procedure for determining the Authority’s |
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| | consolidated budget requirement), paragraph 8(4) is omitted.’. |
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| | Planning: access to information etc. |
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| | Negatived on division NC9 |
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| To move the following Clause:— |
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| | ‘(1) | The Mayor of London shall only exercise his powers under the Town and Country |
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| | Planning Act 1990 and the Planning and Compulsory Purchase Act 2004 at |
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| | meetings (“planning meetings”). |
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| | (2) | A planning meeting shall be open to the public except to the extent that they are |
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| | excluded (whether during the whole or part of the proceedings) under subsection |
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| | (3) below or by decision under subsection (5) below. |
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| | (3) | The public shall be excluded from a planning meeting during an item of business |
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| | whenever it is likely, in view of the nature of the business to be transacted or the |
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| | nature of the proceedings, that, if members of the public were present during that |
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| | item, confidential information would be disclosed to them in breach of the |
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| | obligation of confidence; and nothing in this Part shall be taken to authorise or |
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| | require the disclosure of confidential information in breach of the obligation of |
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| | |
| | (4) | For the purposes of subsection (3) above, “confidential information” means— |
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| | (a) | information furnished to the council by a Government department upon |
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| | terms (however expressed) which forbid the disclosure of the |
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| | information to the public; and |
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| | (b) | information the disclosure of which to the public is prohibited by or |
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| | under any enactment or by the order of a court; |
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| | and, in either case, the reference to the obligation of confidence is to be construed |
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| | (5) | The Mayor of London may exclude the public from a meeting during an item of |
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| | business whenever it is likely, in view of the nature of the business to be |
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| | transacted or the nature of the proceedings, that if members of the public were |
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| | present during that item there would be disclosure to them of exempt information, |
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| | as defined in section 100I of the Local Government Act 1972. |
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| | (6) | A decision under subsection (5) above shall— |
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| | (a) | identify the proceedings, or the part of the proceedings, to which it |
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| | (b) | state the description, in terms of Schedule 12A to the Local Government |
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| | Act 1972, of the exempt information giving rise to the exclusion of the |
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| | and where a decision is made this section does not require the meeting to be open |
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| | to the public during proceedings to which the decision applies. |
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| | (7) | The following provisions shall apply in relation to a meeting of a principal |
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| | (a) | public notice of the time and place of the meeting shall be given by |
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| | posting it at the offices of the Mayor of London five clear days at least |
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| | before the meeting or, if the meeting is convened at shorter notice, then |
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| | at the time it is convened; |
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| | (b) | while the meeting is open to the public, the Mayor of London shall not |
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| | have power to exclude members of the public from the meeting. |
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| | (8) | Nothing in this section shall require the Mayor of London to permit the taking of |
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| | photographs of any proceedings, or the use of any means to enable persons not |
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| | present to see or hear any proceedings (whether at the time or later), or the making |
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| | of any oral report on any proceedings as they take place. |
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| | (9) | This section is without prejudice to any power of exclusion to suppress or prevent |
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| | disorderly conduct or other misbehaviour at a meeting.’. |
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| | Planning: access to agenda and connected reports |
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| To move the following Clause:— |
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| | ‘(1) | Copies of the agenda for a planning meeting and, subject to subsection (2) below, |
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| | copies of any report for the meeting shall be open to inspection by members of |
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| | the public at the offices of the Mayor of London in accordance with subsection |
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| | (2) | If the proper officer thinks fit, there may be excluded from the copies of reports |
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| | provided in pursuance of subsection (1) above the whole of any report which, or |
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| | any part which, relates only to items during which, in his opinion, the meeting is |
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| | likely not to be open to the public. |
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| | (3) | Any document which is required by subsection (1) above to be open to inspection |
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| | shall be so open at least five clear days before the meeting, except that— |
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| | (a) | where the meeting is convened at shorter notice, the copies of the agenda |
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| | and reports shall be open to inspection from the time the meeting is |
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| | (b) | where an item is added to an agenda copies of which are open to |
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| | inspection by the public, copies of the item (or of the revised agenda), and |
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| | the copies of any report of the meeting relating to the item, shall be open |
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| | to inspection from the time the item is added to the agenda; |
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| | but nothing in this subsection requires copies of any agenda, item or report to be |
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| | open to inspection by the public until copies are available to the Mayor of |
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| | (4) | An item of business may not be considered at a planning meeting unless either— |
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| | (a) | a copy of the agenda including the item (or a copy of the item) is open to |
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| | inspection by members of the public in pursuance of subsection (1) above |
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| | for at least five clear days before the meeting or, where the meeting is |
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| | convened at shorter notice, from the time the meeting is convened; or |
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| | (b) | by reason of special circumstances, which shall be specified in the |
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| | minutes, the Mayor of London is of the opinion that the item should be |
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| | considered at the meeting as a matter of urgency. |
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| | (5) | Where by virtue of subsection (2) above the whole or any part of a report for a |
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| | meeting is not open to inspection by the public under subsection (1) above— |
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| | (a) | every copy of the report or of the part shall be marked “Not for |
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| | (b) | there shall be stated on every copy of the whole or any part of the report |
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| | the description, in terms of Schedule 12A to the Local Government Act |
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| | 1972, of the exempt information by virtue of which the council are likely |
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| | to exclude the public during the item to which the report relates. |
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| | (6) | Where a planning meeting is required by section [Planning: access to information |
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| | etc.] to be open to the public during the proceedings or any part of them, there |
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| | shall be made available for the use of members of the public present at the |
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| | meeting a reasonable number of copies of the agenda and, subject to subsection |
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| | (8) below, of the reports for the meeting. |
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| | (7) | There shall, on request and on payment of postage or other necessary charge for |
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| | transmission, be supplied for the benefit of any newspaper— |
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| | (a) | a copy of the agenda for a meeting of a principal council and, subject to |
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| | subsection (8) below, a copy of each of the reports for the meeting; |
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| | (b) | such further statements or particulars, if any, as are necessary to indicate |
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| | the nature of the items included in the agenda; and |
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| | (c) | if the proper officer thinks fit in the case of any item, copies of any other |
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| | documents supplied to members of the council in connection with the |
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| | (8) | Subsection (2) above applies in relation to copies of reports provided in |
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| | pursuance of subsection (6) or (7) above as it applies in relation to copies of |
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| | reports provided in pursuance of subsection (1) above.’. |
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| | Planning: inspection of minutes and other documents after planning meetings |
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| To move the following Clause:— |
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| | ‘(1) | After a planning meeting the following documents shall be open to inspection by |
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| | members of the public at the offices of the Mayor of London until the expiration |
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| | of the period of six years beginning with the date of the meeting— |
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| | (a) | the minutes, or a copy of the minutes, of the meeting, excluding so much |
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| | of the minutes of proceedings during which the meeting was not open to |
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| | the public as discloses exempt information; |
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| | (b) | where applicable, a summary under subsection (2) below; |
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| | (c) | a copy of the agenda for the meeting; and |
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| | (d) | a copy of so much of any report for the meeting as relates to any item |
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| | during which the meeting was open to the public. |
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| | (2) | Where, in consequence of the exclusion of parts of the minutes which disclose |
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| | exempt information, the document open to inspection under subsection (1)(a) |
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| | above does not provide members of the public with a reasonably fair and coherent |
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| | record of the whole or part of the proceedings, the proper officer shall make a |
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| | written summary of the proceedings or the part, as the case may be, which |
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| | provides such a record without disclosing the exempt information.’. |
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| | Planning: inspection of background papers |
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| To move the following Clause:— |
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| | ‘(1) | Subject, in the case of section [Planning: inspection of minutes and other |
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| | documents after planning meetings] (1), to subsection (2) below, if and so long as |
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| | copies of the whole or part of a report for a planning meeting are required by |
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| | section [Planning: access to agenda and connected reports] (1) or [Planning: |
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| | inspection of minutes and other documents after planning meetings] (1) to be |
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| | open to inspection by members of the public— |
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| | (a) | those copies shall each include a copy of a list, compiled by the proper |
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| | officer, of the background papers for the report or the part of the report, |
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| | (b) | at least one copy of each of the documents included in that list shall also |
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| | be open to inspection at the offices of the Mayor of London. |
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| | (2) | Subsection (1) above does not require a copy of any document included in the list |
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| | to be open to inspection after the expiration of the period of four years beginning |
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| | with the date of the meeting. |
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| | (3) | Where a copy of any of the background papers for a report is required by |
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| | subsection (1) above to be open to inspection by members of the public, the copy |
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| | shall be taken for the purposes of this Part to be so open if arrangements exist for |
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| | its production to members of the public as soon as is reasonably practicable after |
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| | the making of a request to inspect the copy. |
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| | (4) | Nothing in this section— |
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| | (a) | requires any document which discloses exempt information to be |
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| | included in the list referred to in subsection (1) above; or |
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| | (b) | without prejudice to the generality of section [Planning: access to |
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| | information etc.], requires or authorises the inclusion in the list of any |
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| | document which, if open to inspection by the public, would disclose |
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| | confidential information in breach of the obligation of confidence, within |
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| | the meaning of that subsection. |
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| | (5) | For the purposes of this section the background papers for a report are those |
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| | documents relating to the subject matter of the report which— |
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| | (a) | disclose any facts or matters on which, in the opinion of the proper |
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| | officer, the report or an important part of the report is based, and |
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| | (b) | have, in his opinion, been relied on to a material extent in preparing the |
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| | report, but do not include any published works.’. |
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| To move the following Clause:— |
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| | ‘(1) | Subsections (2) to (5) shall have effect in Greater London. |
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| | (2) | In determining, for the purposes of enactments mentioned in subsection (3), who |
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| | was the owner of a pedicab at any time, it shall be presumed, if the pedicab were |
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| | licensed, that the owner was the person in whose name the pedicab was licensed |
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| | (3) | Those enactments are— |
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| | (a) | Part II of the Road Traffic Act 1991 (c.40) (traffic in London); |
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| | (b) | Part II of and Schedule 1 to the London Authorities Act 1996 (c.ix) (bus |
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| | (c) | regulations made under section 144 of the Transport Act 2000 (c.38) |
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| | (civil penalties for bus lane contraventions); |
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| | (d) | sections 4 to 7 of the London Local Authorities and Transport for London |
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| | Act 2003 (c.iii) (road traffic and highways); |
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| | (e) | regulations under section 72 of the Traffic Management Act 2004 (c.18) |
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| | (civil penalties for road traffic contraventions); |
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| | (f) | any other enactment whether passed before or after this Act which |
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| | provides for the service of penalty charge notices or notices to owner on |
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| | (4) | For the purposes of the enactments mentioned in subsection (3) above, a pedicab |
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| | business is not to be treated as a vehicle-hire firm. |
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| | (5) | An authority responsible for the licensing of pedicabs shall, on request, make |
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| | available to a traffic authority the name and address of the person in whose name |
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| | a particular pedicab is licensed. |
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| | (6) | In section 15(12) of the Greater London Council (General Powers Act 1974 |
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| | (c.xxiv) (parking on footways, grass verges, etc.)), in the definition of “vehicles”, |
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| | after “means” insert “a pedicab (withing the meaning given by section (Pedicabs) |
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| | of the Greater London Authority Act 2007), or”. |
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| | (7) | The London Local Authorities and Transport for London Act 2003 is amended as |
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| | (a) | in section 4(5) (penalty charges for road traffic contraventions), for the |
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| | words “motor vehicle” there is substituted “vehicle”; |
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| | (b) | in section 4(16), the definition of “motor vehicle” is omitted and the |
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| | following definition is inserted at the end— |
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| | “ “vehicle” means a mechanically propelled vehicle intended or |
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| | adapted for use on roads and a pedicab within the meaning given |
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| | by section (Pedicabs) of the Greater London Authority Act |
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| | “licensed” means licensed under section 6 of the Metropolitan Public |
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| | Carriage Act 1869 (c.115) or any other enactment specified in |
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| | “pedicab” means a cycle constructed or adapted— |
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| | (a) | to seat one or more passengers; and |
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| | (b) | for the purpose of being made available with a driver in the |
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| | course of a business for the purpose of carrying passengers; |
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| | “pedicab business” means a business which consists, in whole or in part, |
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| | (c) | the ownership of pedicabs; |
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| | (d) | the letting out of pedicabs to riders for use as a pedicab; or |
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| | (e) | taking bookings for the use of pedicabs by passengers.’. |
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| | Determination of applications for planning permission |
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| To move the following Clause:— |
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| | ‘(1) | Section 70 of TCPA 1990 (determination of applications: general considerations) |
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| | (2) | After subsection (2) insert— |
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| | “(2A) | In respect of applications which are to be determined by the Mayor of |
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| | London in accordance with a direction under section 2A of this Act, the |
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| | Secretary of State may by regulations made provision about— |
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| | (a) | how the Mayor should take into consideration those aspects of |
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| | the application which are not relevant to the spatial development |
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| | strategy but are relevant to other development plans; |
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| | (b) | how the Mayor should deal with cases which require him to have |
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| | regard to the spatial development strategy and another |
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| | development plan, but where there are conflicts between the |
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| Page 3, line 31, [Clause 4], at end insert— |
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| | ‘(6) | The Secretary of State must consult— |
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| | | before making an order under subsection (5) above.”.’. |
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| Page 18, line 21 [Clause 18], leave out ‘and’. |
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| Page 18, line 23 [Clause 18], at end insert— |
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