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Session 1998-99
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Greater London Authority Bill

This is the text of the Greater London Authority Bill, as passed by the House of Commons and introduced in the House of Lords on 7th May 1999.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Department of the Environment, Transport and the Regions, are published separately as HL Bill 54- EN.


EUROPEAN CONVENTION ON HUMAN RIGHTS

The Lord Whitty has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Greater London Authority Bill are compatible with the Convention rights.


 
  
Greater London Authority Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
THE GREATER LONDON AUTHORITY
The Authority
Clause 
1.The Authority.

Membership
2.Membership of the Authority and the Assembly.

Ordinary elections
3.Time of ordinary elections.
4.Voting at ordinary elections.

Vacancies in the Assembly
5.Resignation.
6.Failure to attend meetings.
7.Declaration of vacancy in certain cases.
8.Election of member as Mayor.
9.Date of casual vacancies.
10.Filling a vacancy in an Assembly constituency.
11.Filling a vacancy among the London members.

Vacancy in the office of Mayor
12.Resignation.
13.Failure to attend meetings.
14.Declaration of vacancy in certain cases.
15.Date of casual vacancy.
16.Filling a vacancy.

Franchise, conduct of elections etc
17.Franchise, conduct of elections etc.
18.Cost of holding the first ordinary elections.

Qualifications and disqualifications
19.Qualification to be the Mayor or an Assembly member.
20.Disqualification from being the Mayor or an Assembly member.
21.Validity of acts done by unqualified persons.
22.Proceedings for disqualification.

Supplementary provisions
23.Declaration of acceptance of office.
24.Interpretation of this Part.

PART II
GENERAL FUNCTIONS AND PROCEDURE
The general and subsidiary powers of the Authority
25.The general power of the Authority.
26.Limits of the general power.
27.Consultation.
28.Subsidiary powers of the Authority.

Exercise of functions: general principles
29.Authority functions to be exercisable by Mayor, Assembly or both.
30.Discharge during vacancy or temporary incapacity of Mayor.

Functions exercisable by the Mayor
31.Delegation.
32.Contracting out.

The Mayor's strategies
33.General duties of the Mayor in relation to his strategies.
34.Consultation.
35.Publicity and availability of strategies.
36.Directions by the Secretary of State.

Public accountability
37.The Mayor's monthly report to the Assembly.
38.Annual report by the Mayor.
39.The annual State of London debate.
40.People's Question Time.

Deputy Mayor
41.The Deputy Mayor.

Chair and Deputy Chair of the Assembly
42.Functions.
43.Appointment.

Meetings and procedure of the Assembly
44.Meetings of the whole Assembly.
45.Assembly procedure.
46.Discharge of functions by committees or single members.
47.Political composition of Assembly committees.
48.Openness.

General functions of the Assembly
49.Review and investigation by the Assembly.
50.Proposals by the Assembly to the Mayor.

Attendance of witnesses and production of documents
51.Power to require attendance at Assembly meetings.
52.Procedure for requiring attendance.
53.Restriction of information.
54.Failure to attend proceedings etc.

Ethical standards
55.The Secretary of State's guidance on ethical standards.

Staff
56.Appointment.
57.Disqualification and political restriction.
58.Disqualification for membership of certain London borough councils.
59.Terms and conditions of employment.
60.Disclosure by employees of interests in contracts.
61.Chief Administrative Officer (head of paid service).
62.Monitoring officer.

General local authority provisions
63.Investigation of Authority by Commission for Local Administration.
64.Provisions of 1972 Act relating to documents, notices etc.
65.Byelaws.

Contracts
66.Public supply or works contracts.

PART III
FINANCIAL PROVISIONS
CHAPTER I
COUNCIL TAX: THE AUTHORITY AS AMaJOR PrECEPTING AUTHORITY
Precepts
67.Authority to be a major precepting authority.
68.Issue of precepts.
69.Substituted precepts.

Budget requirements
70.Calculation of component and consolidated budget requirements.
71.Provisions supplemental to section 70.
72.Procedure for determining the budget requirements.

Calculation of tax payable
73.Calculation of basic amount of tax.
74.Additional calculations: special item for part of Greater London.
75.The special item for the purposes of section 74.
76.Special items: amendments of section 46 of the 1992 Act.
77.Calculation of tax for different valuation bands.
78.Calculation of amount payable by each billing authority.

Substitute calculations etc.
79.Substitute calculations under section 49 of the 1992 Act.
80.Minimum budget for Metropolitan Police Authority.
81.Provisions supplemental to section 80.
82.Emergencies and disasters.
83.Procedure for making substitute calculations.

Supplementary
84.Interpretation of this Chapter.

CHAPTER II
GRANTS AND REDISTRIBUTED NON-DOMESTIC RATES
Grants
85.General GLA grant.
86.GLA transport grant.

Distribution of grants etc.
87.Mayor to distribute grants etc between Authority and functional bodies.
88.Authority's duty to account to functional bodies for their grants.

CHAPTER III
EMERGENCY FINANCIAL ASSISTANCE, FUNDS AND MISCELLANEOUS MATTERS
89.Emergency financial assistance.
90.Component budgets: anticipation of certain levies.
91.The Authority's general fund.
92.Judicial review.
93.Functions to be discharged only by certain authorities.
94.Information.
95.Provision of information by functional bodies to Mayor or Assembly.

CHAPTER IV
REVENUE ACCOUNTS AND CAPITAL FINANCE
Application of Part IV of Local Government and Housing Act 1989
96.Part IV of 1989 Act to apply to Authority and functional bodies.

Credit approvals
97.Provisions to be in place of sections 53 to 55 of 1989 Act.
98.Aggregate credit approval for Authority and functional bodies.
99.Additional credit approval.
100.Notification of category C or D allocations.
101.Amortisation.
102.Criteria for issuing credit approvals.
103.Part IV of 1989 Act and credit approvals under this Chapter.

Capital receipts and mutual grants
104.Power to redistribute capital receipts of functional bodies.
105.Capital grants between Authority and functional bodies.
106.Revenue grants between Authority and functional bodies.

The Mayor's capital spending plan
107.Form and contents of capital spending plan.
108.Preparation of the plan: consultation and completion.

Supplementary provisions
109.Admissible factors in preparing capital spending plan etc.
110.Information.
111.Interpretation of this Chapter.

CHAPTER V
FINANCIAL ADMINISTRATION, ACCOUNTS AND AUDIT
Financial administration
112.Proper financial administration and chief finance officer.
113.Application of Part VIII of Local Government Finance Act 1988.
114.Qualifications of chief finance officer.
115.Functions of chief finance officer as regards reports.
116.Duties of Authority or functional body as regards reports.
117.Monitoring officer not to be chief finance officer etc.

Accounts and audit
118.Application of the Audit Commission Act 1998.
119.Summary statement of accounts of Authority and functional bodies.
120.Information for purposes of section 119.

CHAPTER VI
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
121.Council tax: no Crown exemption for Authority or functional bodies.
122.Functions of Mayor or Assembly under or by virtue of this Part.

PART IV
TRANSPORT
CHAPTER I
TRANSPORT FUNCTIONS OF THE AUTHORITY
The general transport duty
123.General transport duty.

The transport strategy
124.The Mayor's transport strategy.
125.Directions by the Secretary of State.
126.Duties of London borough councils etc.

Local implementation plans
127.Preparation of the plan.
128.Approval of plans by the Mayor.
129.Power of the Mayor to prepare a plan.
130.Implementation by a London borough council.
131.Implementation by the Mayor.
132.Directions by the Mayor.

CHAPTER II
TRANSPORT FOR LONDON
Establishment
133.Transport for London.

Control by the Mayor
134.Directions etc by the Mayor.
135.Structure of fares and services.

Public passenger transport etc.
136.General powers.
137.Co-operation with the Franchising Director.
138.Co-operation with other persons.

Miscellaneous
139.Annual report.
140.Distribution of property.
141.Restrictions on the disposal of land.
142.Control of subsidiaries.

CHAPTER III
LONDON REGIONAL TRANSPORT
143.Powers of disposal.

CHAPTER IV
REGULATION OF BUS SERVICES IN GREATER LONDON
Introductory
144.London local services.
145.Provision of London local services.

The London bus network
146.The London bus network.
147.London local service agreements.
148.Addition or variation of a network service.
149.Discontinuance of a network service.

Bus services outside the network
150.London service permits.
151.Grant of London service permits.
152.Appeals.
153.Conditions.
154.Duration.
155.Revocation.

Guidance document
156.Consultation.
157.Publication.

Miscellaneous
158.Validity of agreements and permits.
159.Application of the Public Passenger Vehicles Act 1981.
160.Interpretation.

CHAPTER V
RAILWAYS
161.Power of Authority to give guidance to the Franchising Director.
162.Exemptions by order under Part I of the Railways Act 1993.
163.Railway access contracts.
164.Authority and Transport for London not to be railway franchisees.
165.Closures: Franchising Director to give copy documents to Mayor.
166.Amendment of franchise agreements to take account of the Authority.

CHAPTER VI
PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS
Introductory
167.PPP agreements.
168.Public sector operators.
169.PPP designations.

Key system assets
170.Key system assets.
171.Register of key system assets.
172.Related third party agreements.
173.Protection of key system assets.

Land
174.PPP leases.
175.Land registration and PPP leases.

Insolvency
176.Meaning and effect of PPP administration orders.
177.PPP administration orders made on special petitions.
178.Restriction on making winding-up order.
179.Restrictions on voluntary winding-up etc.
180.Meaning of "company" and application of provisions to unregistered, foreign and other companies.

The PPP arbiter
181.The PPP arbiter.
182.Terms of appointment.
183.Staff.
184.Directions of the PPP arbiter.
185.Guidance by the PPP arbiter.
186.Duty of the PPP arbiter.
187.Further powers.
188.Provision of information to the PPP arbiter.
189.Immunity.
190.Expenses.

Miscellaneous and supplementary
191.Statutory undertakers.
192.Interpretation of this Chapter.

CHAPTER VII
TRAVEL CONCESSIONS
193.Travel concessions on journeys in and around Greater London.
194.Reserve free travel scheme for London residents.
195.Requirements as to scope.
196.Requirements as to uniformity.

CHAPTER VIII
PENALTY FARES
197.Penalty fares.

CHAPTER IX
TRANSPORT USERS' COMMITTEES
198.Abolition of the London Regional Passengers' Committee.
199.The London Transport Users' Committee.
200.Representations to the Committee.
201.Recommendations and reports etc.
202.Committee to be the Rail Users' Consultative Committee for Greater London.

CHAPTER X
HACKNEY CARRIAGES AND PRIVATE HIRE VEHICLES
203.Hackney carriages.
204.The Private Hire Vehicles (London) Act 1998.
205.Provisions consequent on alteration of metropolitan police district.

CHAPTER XI
HIGHWAYS
GLA roads
206.Introductory.
207.Designation of first GLA roads.
208.Orders by the Authority changing what are GLA roads.
209.Certification, lists and maps of GLA roads.
210.Supplementary provisions.

London borough councils
211.Exercise of powers so as to affect another authority's roads.

CHAPTER XII
ROAD TRAFFIC
Transport for London as a traffic authority
212.Transport for London to be the traffic authority for GLA roads.
213.Power to place traffic signs in connection with GLA roads.
214.Power to affix traffic signs to walls.

Traffic control systems in Greater London
215.Transfer of London Traffic Control System to Transport for London.
216.London borough councils and the London traffic control system.
217.Transfer of traffic control systems between Secretary of State and Transport for London.
218.Traffic authority for certain traffic signs in Greater London.

Parking
219.Fixing of certain parking and other charges.
220.Special parking areas.
221.Interpretation of parking provisions.

School crossing patrols and parking attendants
222.School crossing patrols.
223.Parking attendants.

Miscellaneous and supplementary provisions
224.London borough council affecting another authority's roads.
225.Traffic control consultancy service.
226.Interpretation and exercise of functions by the Mayor.
227.Repeal of certain enactments.

CHAPTER XIII
NEW CHARGES AND LEVIES
228.Road user charging.
229.Workplace parking levy.

CHAPTER XIV
TRANSITION FROM LONDON REGIONAL TRANSPORT TO TRANSPORT FOR LONDON
230.Transfers of property, rights and liabilities.
231.Functions during the transitional period.
232.Fares etc during the transitional period.
233.Continuity: repealed or revoked functions.
234.Transfer of former functions of London Transport Executive.
235.Dissolution of London Regional Transport.
236.Interpretation of this Chapter.

PART V
THE LONDON DEVELOPMENT AGENCY
237.Appointment of members by the Mayor.
238.Delegation of functions by Ministers to the Mayor.
239.The London Development Agency strategy.
240.Secretary of State's functions in relation to the strategy.
241.Audit.
242.Further amendments of the Regional Development Agencies Act 1998.

PART VI
THE METROPOLITAN POLICE
The Metropolitan Police Authority and its police force
243.Establishment, membership and duty to maintain police force.
244.Assimilation of general functions to those of other police authorities.
245.Metropolitan Police Authority to be police authority instead of Secretary of State.
246.Openness.

Commissioner, Deputy Commissioner and Assistant Commissioners
247.General functions of the Commissioner.
248.Appointment of Commissioner.
249.Functions of the Deputy Commissioner.
250.Appointment of Deputy Commissioner.
251.Removal of Commissioner or Deputy Commissioner.
252.Appointment, removal and functions of Assistant Commissioners.

Commanders etc
253.Appointment and removal of Commanders.
254.Other members of the metropolitan police force.

The metropolitan police district
255.Alteration of the metropolitan police district.

The Receiver for the Metropolitan Police District
256.Abolition of office of Receiver.

Miscellaneous
257.Further amendments relating to metropolitan police etc.

PART VII
THE LONDON FIRE AND EMERGENCY PLANNING AUTHORITY
258.Reconstitution of the Fire etc Authority.
259.Fire etc Authority to continue to be the fire authority for Greater London.
260.Civil defence.
261.Openness.
262.Discharge of functions.
263.Miscellaneous powers and duties.

PART VIII
PLANNING
The Mayor's spatial development strategy
264.The spatial development strategy.
265.Public participation.
266.Withdrawal.
267.Publication.
268.Examination in public.
269.Duty to notify London borough councils of publication or withdrawal.

Review, alteration and replacement
270.Review of matters affecting the strategy.
271.Reviews of the strategy.
272.Alteration or replacement.

Supplementary provisions
273.Matters to which the Mayor is to have regard.
274.Regulations.

Implementation
275.Amendments of the Town and Country Planning Act 1990.

Miscellaneous and supplemental
276.Monitoring and data collection.
277.Functional bodies to have regard to the strategy.
278.Mayor's functions in relation to planning around Greater London.
279.Abolition of joint planning committee for Greater London.
280.Interpretation of this Part.

PART IX
ENVIRONMENTAL FUNCTIONS
Report on the state of the environment
281.The Mayor's environmental report.

Biodiversity
282.The Mayor's biodiversity action plan.

Waste
283.The Mayor's municipal waste management strategy.
284.Directions by the Secretary of State.
285.Duties of waste collection authorities etc.
286.Directions by the Mayor.
287.Interpretation of sections 283 to 286.
288.Waste recycling plans.

Air quality
289.The Mayor's air quality strategy.
290.Directions by the Secretary of State.
291.Duty of local authorities in Greater London.
292.Directions by the Mayor.
293.Interpretation of sections 289 to 292.
294.Directions under the Environment Act 1995.
295.Duty of the Mayor in relation to air quality action plans.
296.Consultation with the Mayor.

Noise
297.The London ambient noise strategy.

Miscellaneous and supplementary
298.Functional bodies to have regard to strategies under this Part.
299.Abolition of the London Ecology Committee.

PART X
CULTURE, MEDIA AND SPORT
300.The Cultural Strategy Group for London.
301.The Mayor's culture strategy.
302.Grants by the Mayor for museums, galleries etc.
303.Duty of the Authority to promote tourism.
304.Authority's duty to provide advice on tourism.
305.Grants to the Authority for its tourism functions.
306.Interpretation of this Part and exercise of Authority functions.

PART XI
MISCELLANEOUS AND GENERAL PROVISIONS
307.The Trustee Investments Act 1961.
308.The Local Authorities (Goods and Services) Act 1970.
309.The Superannuation Act 1972.
310.The Race Relations Act 1976.
311.The Stock Transfer Act 1982.
312.Companies in which local authorities have interests.
313.Investigation of functional bodies by Commission for Local Administration.
314.Provision of information, advice and assistance by functional bodies.
315.Research and collection of information: London Research Centre etc.
316.Accommodation for Authority and functional bodies.

PART XII
SUPPLEMENTARY PROVISIONS
317.Power to amend Acts and subordinate legislation.
318.Transitional and consequential provision.
319.Transfers of property, rights or liabilities.
320.Transfer schemes.
321.Contracts of employment etc.
322.Pensions.
323.Transfer and pension instruments: common provisions.
324.Continuity.
325.Regulations and orders.
326.Directions.
327.Financial provisions.
328.Repeals.
329.Interpretation.
330.Short title, commencement and extent.
 

SCHEDULES:
    Schedule 1-Assembly constituencies and orders under section 2(4).
    Part I-Assembly constituencies.
    Part II-Orders under section 2(4).
    Schedule 2-Voting at elections.
    Part I-Election of the Mayor.
    Part II-Return of London members.
    Schedule 3-Amendments of the Representation of the People Acts.
    Schedule 4-Exercise of functions during vacancy or temporary incapacity of Mayor.
    Part I-Interpretation.
    Part II-Vacancies in the office of Mayor.
    Part III-Mayor temporarily unable to act.
    Schedule 5-Procedure for determining the Authority's consolidated budget requirement.
    Schedule 6-Procedure for making of substitute calculations by the Authority.
    Schedule 7-Amendments of the Audit Commission Act 1998.
    Schedule 8-Transport for London.
    Schedule 9-Operating powers of Transport for London.
    Schedule 10-PPP administration orders.
    Part I-Modifications of the 1986 Act.
    Part II-Further modifications of the 1986 Act: application in relation to foreign companies.
    Part III-Supplemental.
    Schedule 11-Transfer of relevant activities in connection with PPP administration orders.
    Schedule 12-The free travel scheme.
    Schedule 13-Penalty fares.
    Schedule 14-London Transport Users' Committee.
    Schedule 15-Amendment of enactments relating to the London Regional Passengers' Committee.
    Schedule 16-Hackney carriages.
    Part I-Transfers of functions and amendments.
    Part II-Transitional provisions.
    Schedule 17-The Private Hire Vehicles (London) Act 1998.
    Schedule 18-Road user charging.
    Schedule 19-Workplace parking levy.
    Schedule 20-Further amendments of the Regional Development Agencies Act 1998.
    Schedule 21-The Metropolitan Police Authority: Schedule 2A to the Police Act 1996.
    Schedule 22-Further amendments relating to metropolitan police etc.
    Schedule 23-The London Fire and Emergency Planning Authority.
    Schedule 24-Amendments relating to the Fire etc Authority.
    Part I-Public General Acts.
    Part II-Local and Personal Acts.
    Schedule 25-The Cultural Strategy Group for London.
    Schedule 26-Transfer schemes.
    Schedule 27-Enactments repealed.
    Part I-Financial provisions.
    Part II-Transport for London and London Regional Transport.
    Part III-Hackney carriages and private hire vehicles.
    Part IV-Traffic control.
    Part V-The metropolitan police.
    Part VI-The Fire etc Authority.
    Part VII-Miscellaneous.
 


 
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Prepared 10 May 1999