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| Tuesday 27th February 2007 |
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| Greater London Authority Bill
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| | The general power of the Authority: duty to have regard |
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| To move the following Clause:— |
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| | ‘(1) | Section 30 of the GLA Act 1999 (the general power of the Authority) is amended |
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| | (2) | In subsection (4) (exercise of powers: duty to have regard to effect on certain |
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| | matters) after paragraph (b) insert— |
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| | “(c) | climate change, and the consequences of climate change, so far |
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| | as relating to Greater London.”. |
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| | (3) | In subsection (5) (duty to exercise powers in ways best calculated to achieve |
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| | (a) | at the end of paragraph (b) insert “, and |
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| | (c) | to contribute towards the mitigation of, or adaptation to, |
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| | climate change, so far as relating to Greater London,”; |
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| | (b) | in the closing words (exception where action needed by virtue of |
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| | paragraph (a) or (b) is not reasonably practicable) for “or (b)” substitute |
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| | (4) | After subsection (10) insert— |
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| | (a) | “climate change” has the same meaning as in section 361A |
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| | (b) | in relation to climate change, “adaptation”, “consequences” and |
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| | “mitigation” have the same meaning as in that section.”.’. |
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| | Transitional provision relating to consultation |
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| To move the following Clause:— |
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| | ‘(1) | In the case of any strategy referred to in a provision mentioned in column A of |
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| | the Table in subsection (2), any consultation undertaken by the Mayor— |
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| | (a) | after the day on which this Act is passed, but |
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| | (b) | before the coming into force of that provision, |
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| | | is to be as effective for the purposes of the corresponding provision in column C |
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| | of that Table as if it had been undertaken after the provision in column A had |
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| | | Column B of the Table identifies the provision of this Act which inserts the |
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| | corresponding provision mentioned in column A. |
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| | | | | | | | | | | | | | | | | | | | | consultation is effective |
| | | | Section 41(1)(bb) (section 41 to |
| | | | | | apply to health inequalities strategy) |
| | | | | | Section 41(1)(bc) (section 41 to |
| | | | | | apply to London housing strategy) |
| | | | | | Section 41(1)(ee) (section 41 to |
| | | | | | apply to London climate change |
| | | | | | mitigation and energy strategy) |
| | | | | | Section 41(1)(ef) (section 41 to |
| | | | | | apply to adaptation to climate |
| | | | | | change stategy for London) |
| | | | | | Section 309G(4) (consultation with |
| | | | | | relevant bodies or persons for |
| | | | | | purposes of health inequalities |
| | | | | | | | | | | | Section 361B(7) (consultation with |
| | | | | | certain bodies for purposes of |
| | | | | | London climate change mitigation |
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| | (3) | Any consultation carried out by the Mayor with the Regional Director of Public |
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| | (a) | after the day on which this Act is passed, but |
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| | (b) | before the coming into force of sections 309A and 309B of the GLA Act |
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| | 1999 (Regional Director to be Health Adviser to GLA), |
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| | | is to be as effective for the purposes of section 309G(4) of the GLA Act 1999 as |
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| | if it had been carried out with the Health Adviser. |
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| | | Sections 309A and 309B of the GLA Act 1999 are inserted by section 21(1) of |
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| To move the following Clause:— |
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| | ‘(1) | After section 359 of the GLA Act 1999 (confidential information about waste |
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| | “359A | London Waste Authority |
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| | (1) | There shall be a body corporate to be known as the London Waste |
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| | (2) | The London Waste Authority shall have the functions conferred or |
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| | imposed on it by this Act, or made exercisable by it under this Act, and |
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| | any reference in this Act to the functions of the London Waste Authority |
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| | includes a reference to any functions made exercisable by it under this |
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| | (3) | The London Waste Authority shall have— |
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| | (a) | the functions of the waste disposal authority for Greater London |
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| | for the purposes of Part 2 of the Environmental Protection Act |
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| | (b) | any other such functions as are conferred or imposed on it by this |
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| | (4) | The London Waste Authority shall exercise its functions— |
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| | (a) | in accordance with such guidance or directions as may be issued |
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| | to it by the Mayor under section 359B(1), |
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| | (b) | for the purpose of facilitating the discharge by the Greater |
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| | London Authority of the duties under sections 353 to 361E, and |
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| | (c) | for the purpose of securing or facilitating the implementation of |
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| | the municipal waste management strategy. |
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| | (5) | Schedule 29A shall have effect with respect to the London Waste |
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| | (6) | The control of places provided for the deposit of household waste in |
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| | Greater London under section 1(1) of the Refuse Disposal (Amenity) Act |
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| | 1978 (c. 3) and 51(1)(b) of the Environmental Protection Act 1990 (c. 43) |
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| | shall transfer to the London Waste Authority. |
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| | (7) | The authorities established by Parts 2, 3, 4 and 5 of Schedule 1 to the |
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| | Waste Regulation and Disposal (Authorities) Order 1985 (S.I., 1985/ |
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| | 1884) are dissolved, whereupon any remaining property, rights or |
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| | liabilities are transferred to the London Waste Authority. |
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| | 359B | Directions etc by the Mayor |
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| | (1) | The Mayor may issue to the London Waste Authority— |
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| | (a) | guidance as to the manner in which it is to exercise its functions, |
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| | (b) | general directions as to the manner in which it is to exercise its |
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| | (c) | specific directions as to the exercise of its functions. |
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| | (2) | Directions issued by the Mayor under subsection (1)(c) may include a |
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| | direction not to exercise a power specified in the direction. |
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| | (3) | The guidance or directions which may be issued by the Mayor under |
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| | subsection (1) may include in particular guidance or directions as to the |
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| | manner in which the London Waste Authority— |
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| | (a) | is to perform any of its duties, or |
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| | (b) | is to conduct any legal proceedings. |
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| | (4) | Any guidance or directions issued under subsection (1) must be issued in |
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| | writing and notified to such officer of the London Waste Authority as it |
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| | may from time to time nominate to the Mayor for the purpose.”. |
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| | (2) | After Schedule 29 of the GLA Act 1999 insert Schedule 29A set out in Schedule |
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| | [London Waste Authority] to this Act. |
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| | (3) | Schedule [London Waste Authority - consequential amendments] shall have |
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| | Powers and duties of the London Waste Authority |
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| To move the following Clause:— |
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| | ‘(1) | After section 359B of the GLA Act 1999 (inserted by section [London Waste |
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| | Authority] (1) of this Act) insert— |
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| | “359C | Sustainable disposal of waste |
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| | When exercising its functions under section 51(1)(a) of the |
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| | Environmental Protection Act 1990 (c. 43) (functions of waste disposal |
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| | authorities), the London Waste Authority shall— |
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| | (a) | do so in a manner calculated to contribute towards the |
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| | achievement of sustainable development in the United Kingdom, |
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| | (b) | take into account any policies announced by Her Majesty’s |
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| | Government with respect to climate change or the consequences |
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| | (c) | comply with any guidance or directions issued to the London |
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| | Waste Authority by the Secretary of State or the Mayor with |
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| | respect to the means by which, or manner in which, the London |
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| | Waste Authority is to perform the duties imposed on it by |
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| | paragraph (a) or (b) above. |
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