House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

97

House of Commons

Tuesday 27th February 2007

Report Stage Proceedings

Greater London Authority Bill

new clauses

The general power of the Authority: duty to have regard

Secretary Ruth Kelly

Added  nc14

To move the following Clause:—

‘(1)
Section 30 of the GLA Act 1999 (the general power of the Authority) is amended

as follows.

(2)
In subsection (4) (exercise of powers: duty to have regard to effect on certain

matters) after paragraph (b) insert—

“(c)
climate change, and the consequences of climate change, so far

as relating to Greater London.”.

(3)
In subsection (5) (duty to exercise powers in ways best calculated to achieve

certain objectives)—

(a)
at the end of paragraph (b) insert “, and

(c)
to contribute towards the mitigation of, or adaptation to,

climate change, so far as relating to Greater London,”;

(b)
in the closing words (exception where action needed by virtue of

paragraph (a) or (b) is not reasonably practicable) for “or (b)” substitute

“, (b) or (c)”.

(4)
After subsection (10) insert—

“(11)
In this section—

(a)
“climate change” has the same meaning as in section 361A

below, and

(b)
in relation to climate change, “adaptation”, “consequences” and

“mitigation” have the same meaning as in that section.”.’.

Report Stage Proceedings: 27th February 2007
98

Greater London Authority Bill, continued

Transitional provision relating to consultation

Secretary Ruth Kelly

Added  nc15

To move the following Clause:—

‘(1)
In the case of any strategy referred to in a provision mentioned in column A of

the Table in subsection (2), any consultation undertaken by the Mayor—

(a)
after the day on which this Act is passed, but

(b)
before the coming into force of that provision,


is to be as effective for the purposes of the corresponding provision in column C

of that Table as if it had been undertaken after the provision in column A had

come into force.


Column B of the Table identifies the provision of this Act which inserts the

corresponding provision mentioned in column A.

(2)
The provisions are—

Column A:
Column B:
Column C:

Provision inserted
Provision of
Provision of GLA Act

into GLA Act 1999
this Act
1999 for which

consultation is effective

Section 41(1)(bb) (section 41 to
Section 24(2)
Section 42(1)

apply to health inequalities strategy)

Section 41(1)(bc) (section 41 to
Section 28(2)
Section 42(1)

apply to London housing strategy)

Section 41(1)(ee) (section 41 to
Section 39(1)
Section 42(1)

apply to London climate change

mitigation and energy strategy)

Section 41(1)(ef) (section 41 to
Section 40(1)
Section 42(1)

apply to adaptation to climate

change stategy for London)

Section 309G(4) (consultation with
Section 22(1)
Section 309G(4)

relevant bodies or persons for

purposes of health inequalities

strategy)

Section 361B(7) (consultation with
Section 39(2)
Section 361B(7)

certain bodies for purposes of

London climate change mitigation

and energy strategy)

(3)
Any consultation carried out by the Mayor with the Regional Director of Public

Health for London—

(a)
after the day on which this Act is passed, but

(b)
before the coming into force of sections 309A and 309B of the GLA Act

1999 (Regional Director to be Health Adviser to GLA),


is to be as effective for the purposes of section 309G(4) of the GLA Act 1999 as

if it had been carried out with the Health Adviser.

Report Stage Proceedings: 27th February 2007
99

Greater London Authority Bill, continued


Sections 309A and 309B of the GLA Act 1999 are inserted by section 21(1) of

this Act.’.

London Waste Authority

Ms Karen Buck

Mr Andrew Dismore

John Austin

Withdrawn  nc1

To move the following Clause:—

‘(1)
After section 359 of the GLA Act 1999 (confidential information about waste

contracts) insert—

“359A
  London Waste Authority

(1)
There shall be a body corporate to be known as the London Waste

Authority.

(2)
The London Waste Authority shall have the functions conferred or

imposed on it by this Act, or made exercisable by it under this Act, and

any reference in this Act to the functions of the London Waste Authority

includes a reference to any functions made exercisable by it under this

Act.

(3)
The London Waste Authority shall have—

(a)
the functions of the waste disposal authority for Greater London

for the purposes of Part 2 of the Environmental Protection Act

1990 (c. 43), and

(b)
any other such functions as are conferred or imposed on it by this

Act.

(4)
The London Waste Authority shall exercise its functions—

(a)
in accordance with such guidance or directions as may be issued

to it by the Mayor under section 359B(1),

(b)
for the purpose of facilitating the discharge by the Greater

London Authority of the duties under sections 353 to 361E, and

(c)
for the purpose of securing or facilitating the implementation of

the municipal waste management strategy.

(5)
Schedule 29A shall have effect with respect to the London Waste

Authority.

(6)
The control of places provided for the deposit of household waste in

Greater London under section 1(1) of the Refuse Disposal (Amenity) Act

1978 (c. 3) and 51(1)(b) of the Environmental Protection Act 1990 (c. 43)

shall transfer to the London Waste Authority.

(7)
The authorities established by Parts 2, 3, 4 and 5 of Schedule 1 to the

Waste Regulation and Disposal (Authorities) Order 1985 (S.I., 1985/

1884) are dissolved, whereupon any remaining property, rights or

liabilities are transferred to the London Waste Authority.

Report Stage Proceedings: 27th February 2007
100

Greater London Authority Bill, continued

359B
Directions etc by the Mayor

(1)
The Mayor may issue to the London Waste Authority—

(a)
guidance as to the manner in which it is to exercise its functions,

(b)
general directions as to the manner in which it is to exercise its

functions, or

(c)
specific directions as to the exercise of its functions.

(2)
Directions issued by the Mayor under subsection (1)(c) may include a

direction not to exercise a power specified in the direction.

(3)
The guidance or directions which may be issued by the Mayor under

subsection (1) may include in particular guidance or directions as to the

manner in which the London Waste Authority—

(a)
is to perform any of its duties, or

(b)
is to conduct any legal proceedings.

(4)
Any guidance or directions issued under subsection (1) must be issued in

writing and notified to such officer of the London Waste Authority as it

may from time to time nominate to the Mayor for the purpose.”.

(2)
After Schedule 29 of the GLA Act 1999 insert Schedule 29A set out in Schedule

[London Waste Authority] to this Act.

(3)
Schedule [London Waste Authority - consequential amendments] shall have

effect.’.

Powers and duties of the London Waste Authority

Ms Karen Buck

Mr Andrew Dismore

John Austin

Not called  NC2

To move the following Clause:—

‘(1)
After section 359B of the GLA Act 1999 (inserted by section [London Waste

Authority] (1) of this Act) insert—

“359C
  Sustainable disposal of waste

When exercising its functions under section 51(1)(a) of the

Environmental Protection Act 1990 (c. 43) (functions of waste disposal

authorities), the London Waste Authority shall—

(a)
do so in a manner calculated to contribute towards the

achievement of sustainable development in the United Kingdom,

(b)
take into account any policies announced by Her Majesty’s

Government with respect to climate change or the consequences

of climate change, and

(c)
comply with any guidance or directions issued to the London

Waste Authority by the Secretary of State or the Mayor with

respect to the means by which, or manner in which, the London

Waste Authority is to perform the duties imposed on it by

paragraph (a) or (b) above.