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| | ‘(c) | sub-paragraph (5A) (exception allowing up to 2 members under sub- |
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| | paragraph (2A) to be members of principal councils).’. |
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| Page 24, line 18, [Clause 22], after ‘above)’ insert ‘, except the Authority and any |
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| Page 24, line 19, [Clause 22], at end insert—
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| | | ‘Section 42(1) above imposes further duties on the Mayor as to |
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| | consultation, including consultation with the Assembly and the |
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| Page 30, line 2 [Clause 28], at end insert ‘or on any area within Greater London |
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| which is the area of a special authority’. |
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| Page 30, line 17 [Clause 28], at end insert— |
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| | ‘ “special authority” has the same meaning as in section 144(6) of the Local |
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| | Government Finance Act 1988.’. |
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| Page 34, line 33 [Clause 31], at end insert— |
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| | ‘(1A) | The Mayor of London may not make a direction under this section more than 21 |
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| | days after being notified by the local planning authority of the making of the |
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| Page 34, line 40 [Clause 31], after ‘section’ insert ‘, or in the City of London’. |
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| Page 35, line 3 [Clause 31], at end insert— |
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| | ‘(4A) | An application is not an application of potential strategic importance unless— |
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| | (a) | the application raises issues which have substantial effects beyond the |
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| | area of the local planning authority to which the application has been |
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| | |
| | (b) | the grant of planning permission in respect of the application will have |
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| | substantial effects on the policies contained in the spatial development |
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| | strategy published under section 334 of the GLA Act 1999; and |
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| | (c) | there are sound planning reasons for so treating it. |
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| | (4B) | Without prejudice to the generality of subsection (4A), an application for |
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| | development in the City of London shall not be an application of potential |
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| | strategic importance unless it is for the erection of a building— |
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| | (a) | with a total floor space of more than 100,000 square metres in addition to |
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| | the total floor space of the development it replaces or, |
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| | (b) | which is more than 150 metres high. |
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| | (4C) | Subsection (4B)(b) does not apply to an application for the erection of a building |
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| | adjacent to the River Thames.’. |
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| |
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| Page 35, line 3 [Clause 31], at end insert— |
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| | ‘(4A) | An application is not an application of potential strategic importance by reason |
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| | only of its failure to accord with the provisions of the development plan in force |
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| | in the area to which the application relates. |
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| | (4B) | An application for development in the City of London shall not be an application |
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| | of potential strategic importance unless it is for the erection of a building— |
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| | (a) | with a total floor space of more than 100,000 square metres in addition to |
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| | the total floor space of the development it replaces, or |
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| | (b) | which is more than 150 metres high. |
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| | (4C) | Where an order under section 2A makes provision for any application which is to |
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| | be treated as being for the erection of a building adjacent to the River Thames, |
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| | subsection (4B)(b) does not apply to that application.’. |
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| Page 35, line 3 [Clause 31], at end insert— |
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| | ‘(4A) | An application is not an application of potential strategic importance unless— |
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| | (a) | the application raises issues which have substantial effects beyond the |
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| | area of the local planning authority to which the application has been |
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| | |
| | (b) | the grant of planning permission in respect of the application will have |
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| | substantial effects on the policies contained in the spatial development |
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| | strategy published under section 334 of the GLA Act 1999; and |
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| | (c) | there are sound planning reasons for so treating it.’. |
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| Page 35, line 16 [Clause 31], at end insert— |
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| | ‘(6A) | If an order under this section provides that, in deciding whether he should give a |
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| | direction under this section, the Mayor may or must take account of the extent to |
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| | which the council of a London Borough is achieving or has achieved the relevant |
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| | targets set out in the spatial development strategy, the order must also describe— |
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| | (a) | how the Mayor is to take those achievements into account and what |
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| | factors will be taken into consideration, |
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| | (b) | which targets are likely to be assessed in particular circumstances, |
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| | (c) | the conditions which would need to be fulfilled by a council if it is to be |
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| | considered as having achieved the targets, and |
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| | (d) | how the Mayor will take into account the progress of the council in |
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| Page 35, line 16 [Clause 31], at end insert— |
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| | ‘(6A) | An order under this section may not make provision requiring or enabling the |
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| | Mayor to give a direction under this section if or because the applicant has |
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| | requested him to do so.’. |
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| Page 35, line 16 [Clause 31], at end insert— |
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| | ‘(6A) | Subsection (6C) applies to any provision of an order under this section which |
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| | makes provision requiring or enabling the Mayor to give a direction under this |
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| | section because the applicant has requested him to do so for the reason described |
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| | |
| | (6B) | The reason mentioned in subsection (6A) is that the local planning authority has |
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| | failed, within a specified period, to provide a statement of the decision the |
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| | authority to propose to make in respect of the application. |
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| | (6C) | In any provision to which this subsection applies the “specified period” referred |
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| | to in subsection (6B) shall be such period as is reasonable to enable to the local |
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| | planning authority to provide the statement and in any event shall be no less than |
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| | 20 weeks commencing with the date on which the application was received by the |
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| | |
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| Page 35, line 16 [Clause 31], at end insert— |
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| | ‘(6A) | If an order under this section makes provision for the definition of “application of |
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| | potential strategic importance” and, in doing so, categorises applications as such |
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| | by reference to the floorspace or height of any building comprised in the |
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| | development in question, the order must provide that the floorspace or height so |
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| | mentioned is expressed in terms of a net increase above the floorspace or height |
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| | of any existing building on the site in question.’. |
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| Page 35, line 16 [Clause 31], at end insert— |
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| | ‘(6A) | If an order under this section makes provision for the definition of “application of |
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| | potential strategic importance” and, in doing so, categorises applications as such |
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| | by reference to a minimum height of buildings comprised in the development, the |
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| | order may not provide that the minimum height is less than 75 metres (except in |
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| | relation to buildings adjacent to the River Thames).’. |
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| Page 36, line 3 [Clause 31], at end insert— |
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| | ‘(7A) | The following persons shall be given an opportunity to be heard by the Mayor of |
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| | London before he determines an application by virtue of section 2A or this |
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| | |
| | |
| | (b) | the local planning authority who received the application; |
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| | (c) | the member of the Assembly whose constituency covers the land subject |
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| | |
| | (d) | no less than one councillor of a London borough or the Common Council |
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| | whose ward covers the land subject to the application; |
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| | (e) | no less than one representative of local, amenity or environmental |
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| | interests as the Mayor of London considers appropriate; |
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| | (f) | Transport for London; |
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| | (g) | any other person, including public bodies or statutory undertakers, as the |
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| | Mayor of London considers appropriate.’. |
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| Page 36, line 6 [Clause 31], at end insert ‘, including applications which are to be |
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| treated as being for the erection of buildings adjacent to the River Thames under section |
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| Page 36, line 6 [Clause 31], at end insert ‘, including applications which are to be |
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| treated as being for the erection of buildings adjacent to the River Thames under |
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| subsection (4C) of that section,’. |
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| Page 36, line 12 [Clause 31], at end insert ‘, including the reasons which are to be |
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| taken as sound planning reasons for the purposes of section 2A(4A).’. |
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| Page 36 [Clause 31], leave out lines 18 to 20 and insert— |
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| | ‘(3) | Such provision may not include functions in relation to enforcement of planning |
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| Page 36 [Clause 32], leave out lines 34 to 36. |
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| Page 36 [Clause 32], leave out lines 39 to 40. |
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| Page 38 [Clause 36], leave out lines 34 to 41 and insert— |
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| | |
| | (a) | an authority is required to comply with the public procurement |
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| | regulations in the awarding of a waste contract, |
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| | (b) | in compliance with those regulations the authority sends the second |
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| | information notice relating to the awarding of that contract to the Official |
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| | Journal of the European Union, and |
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| | (c) | after the authority sends that notice, the Mayor revises the municipal |
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| | waste management strategy, |
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| | | this section, and any guidance issued under it, are to have effect in relation to the |
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| | awarding of that contract as if the revision of the strategy had not been made.”.’. |
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| Page 38, line 41 [Clause 36], at end insert— |
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| | ‘(6) | An authority is not required by virtue of any of the amendments made by this |
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| | section to exercise a function in relation to the awarding of a waste contract if— |
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| | (a) | the authority is required to comply with the public procurement |
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| | regulations in awarding the contract, and |
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| |
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| | (b) | before subsection (3) comes into force, the authority in compliance with |
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| | those regulations has sent the second information notice relating to the |
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| | awarding of that contract to the Official Journal of the European Union.’. |
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| Page 41, line 45 [Clause 39], at end insert— |
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| | ‘(iv) | the London Waste Authority,’. |
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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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| | |
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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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| | |
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| |
| |
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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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| | |
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