House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 27th February 2007
119

Greater London Authority Bill, continued

      (2)
The validity of any proceedings of the London Waste Authority

shall not be affected—

(a)
by any vacancy among the members or in the office of

chairman or deputy chairman, or

(b)
by any defect in the appointment of any person as a

member, or as chairman or deputy chairman, of the London

Waste Authority.

Membership of committees and sub-committees

6    (1)
A committee of the London Waste Authority or a sub-committee of

such a committee may include persons who are not members of the

London Waste Authority.

      (2)
A person who is a member of a committee of the London Waste

Authority or a sub-committee of such a committee but is not a

member of the London Waste Authority shall be a non-voting

member of the committee or sub-committee.

General powers

7    (1)
The London Waste Authority may form, promote and assist, or join

with any other person in forming, promoting and assisting, a

company for the purpose of—

(a)
carrying on any activities which the London Waste

Authority has power to carry on, or

(b)
carrying on such activities together with activities which

the London Waste Authority does not have power to carry

on.

      (2)
The London Waste Authority may enter into and carry out

agreements with any person for the carrying on by that person,

whether as agent for the London Waste Authority or otherwise, of

any activities which the London Waste Authority has power to

carry on (and, in particular, with respect to the disposal of waste).

      (3)
The London Waste Authority may also enter into and carry out an

agreement with any person for the carrying on by that person (“the

contractor”) of any activities which the London Waste Authority

does not have the power to carry on if the agreement includes

provision for one or more of the following, namely—

(a)
the carrying on by the contractor of such activities as are

mentioned in sub-paragraph (2);

(b)
the provision by the contractor to the London Waste

Authority of services ancillary to the disposal of waste; and

(c)
the use by the contractor of land or other property owned

by the London Waste Authority, or transferred to the

contractor by the London Waste Authority, for the

purposes of the agreement.

      (4)
Where an agreement has been entered into under sub-paragraph (2)

or (3), the powers conferred on the London Waste Authority by that

subsection include power to enter into and carry out other

agreements with other persons for the purpose of—

(a)
fulfilling any condition which must be fulfilled before the

agreement can have effect; or

Report Stage Proceedings: 27th February 2007
120

Greater London Authority Bill, continued

(b)
satisfying any requirement imposed by or under the

agreement.

      (5)
Where—

(a)
a company has been formed in the exercise of the powers

conferred by sub-paragraph (1) (whether by the London

Waste Authority alone or by the London Waste Authority

jointly with some other person); or

(b)
the London Waste Authority has entered into an agreement

with any person in exercise of its powers under sub-

paragraph (2) or (3),


the London Waste Authority may enter into arrangements with that

company or person for the transfer from the London Waste

Authority to that company or person, in such manner and on such

terms (including payments by any of the parties to the arrangements

to any of the other parties) as may be provided for by the

arrangements, of any property, rights or liabilities of the London

Waste Authority relevant to the purpose for which the company was

formed or (as the case may be) to the performance by that person of

his obligations under the agreement.

      (6)
The London Waste Authority shall have power to enter into and

carry out agreements with—

(a)
any of its subsidiaries; or

(b)
any person with whom it has entered into an agreement by

virtue of sub-paragraph (2) or (3),


providing for the London Waste Authority to give assistance to the

other party to the agreement by making available to that party any

services, amenities or facilities provided by, or any works or land or

other property belonging to, the London Waste Authority, on such

terms (including the reciprocal provision by that other party for

similar assistance for the London Waste Authority) as may be

agreed between them.

      (7)
The power of the London Waste Authority under sub-paragraph (2)

or (3) to enter into an agreement as there mentioned is exercisable

notwithstanding that the agreement involves the delegation of the

functions of the London Waste Authority under any enactment

relating to any part of its undertaking.

Delegation by the London Waste Authority

8    (1)
Subject to any express provision contained in this Act or any Act

passed after this Act, the London Waste Authority may arrange for

any of its functions to be discharged on its behalf by—

(a)
any committee of the London Waste Authority,

(b)
any sub-committee of such a committee,

(c)
any wholly owned subsidiary (within the meaning of

section 736(2) of the Companies Act 1985) of the London

Waste Authority,

(d)
any member of officer of the London Waste Authority, or

(e)
any body of members or officers, or members and officers,

of the London Waste Authority.

Report Stage Proceedings: 27th February 2007
121

Greater London Authority Bill, continued

      (2)
Where the London Waste Authority makes arrangements under this

paragraph for the discharge of any function, the person or body by

whom the function is to be discharged shall exercise the function

subject to any conditions imposed by the London Waste Authority.

      (3)
Arrangements made by the London Waste Authority for the

discharge of functions under this paragraph shall not prevent the

London Waste Authority from exercising those functions.

Delegation by committees, sub-committees, etc

9    (1)
Where the London Waste Authority makes arrangements for the

discharge of any function by a committee under paragraph 7, the

committee may (subject to any conditions imposed by the London

Waste Authority) arrange for the discharge of the function on its

behalf by—

(a)
any sub committee of the committee,

(b)
any member or officer of the London Waste Authority, or

(c)
any body of members or officers, or members and officers,

of the London Waste Authority.

      (2)
Where—

(a)
the London Waste Authority makes arrangements for the

discharge of any function by a sub-committee under

paragraph 7, or

(b)
a committee of the London Waste Authority makes

arrangements for the discharge of any function by a sub-

committee under sub-paragraph (1),


the sub-committee may (subject to any conditions imposed by the

London Waste Authority or the committee) arrange for the

discharge of the function on its behalf by any member or officer of

the London Waste Authority, or any body of members or officers,

or members and officers, of the London Waste Authority.

      (3)
Where a committee or sub-committee makes arrangements under

this paragraph for the discharge of any function, the person or body

by whom the function is to be discharged shall exercise the function

subject to any conditions imposed by the committee or sub-

committee.

      (4)
Arrangements made by a committee or sub-committee for the

discharge of functions under this paragraph shall not prevent the

committee or sub-committee from exercising those functions.

Joint committees with local authorities

10  (1)
The London Waste Authority shall be treated as a local authority for

the purposes of the following provisions of the Local Government

Act 1972 (c. 70) (arrangements for the discharge of functions of a

local authority by joint committees with other local authorities)—

(a)
section 101(5),

(b)
section 102, apart from subsection (1)(a) and subsection

(4), to the extent that it would permit the London Waste

Authority to appoint a committee that is not a joint

committee, and

(c)
section 103.

Report Stage Proceedings: 27th February 2007
122

Greater London Authority Bill, continued

      (2)
Nothing in section 13 of the Local Government and Housing Act

1989 (c. 42) (voting rights of members of certain committees:

England and Wales) shall require a person to be treated as a non-

voting member of a committee appointed by the London Waste

Authority and one or more other local authorities by virtue of

section 101(5) of the Local Government Act 1972 if that person—

(a)
is appointed to the committee by the London Waste

Authority, and

(b)
is not a member of the London Waste Authority.

Minutes

11  (1)
Minutes shall be kept of proceedings of the London Waste

Authority, of its committees and sub-committees of such

committees.

      (2)
Minutes of any proceedings shall be evidence of those proceedings

if they are signed by a person purporting to have acted as chairman

of the proceedings to which the minutes relate or of any subsequent

proceedings in the course of which the minutes were approved as a

correct record.

      (3)
Where minutes of any such proceedings have been signed as

mentioned in sub-paragraph (2), those proceedings shall, unless the

contrary is shown, be deemed to have been validly convened and

constituted.

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.

Report Stage Proceedings: 27th February 2007
123

Greater London Authority Bill, continued

      (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

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

Report Stage Proceedings: 27th February 2007
124

Greater London Authority Bill, continued

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

(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.

Report Stage Proceedings: 27th February 2007
125

Greater London Authority Bill, continued

      (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

Mr Andrew Dismore

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.

      (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”.