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General functions of the Assembly |
| Review and investigation by the Assembly. |
49. - (1) The Assembly shall keep under review the exercise by the Mayor of the statutory functions exercisable by him.
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(2) For the purposes of subsection (1) above, the powers of the Assembly include in particular power to investigate, and prepare reports about,-
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(a) any actions and decisions of the Mayor, |
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(b) any actions and decisions of any member of staff of the Authority, |
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(c) matters relating to the principal purposes of the Authority, |
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(d) matters in relation to which statutory functions are exercisable by the Mayor, or |
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(e) any other matters which the Assembly considers to be of importance to Greater London. |
| Proposals by the Assembly to the Mayor. |
50. - (1) Where the Assembly resolves by a majority of Assembly members present and voting to do so, the Assembly may submit a proposal to the Mayor.
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(2) Section 46 above shall not apply in relation to the function of the Assembly under subsection (1) above.
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Attendance of witnesses and production of documents |
| Power to require attendance at Assembly meetings. |
51. - (1) Subject to section 53 below, the Assembly may require any person to whom subsection (2), (3), (4) or (5) below applies-
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(a) to attend proceedings of the Assembly for the purpose of giving evidence, or |
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(b) to produce to the Assembly documents in his possession or under his control. |
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(2) This subsection applies to-
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(a) any person who is a member of staff of the Authority, or of any functional body, to whom sections 1 to 3 of the Local Government and Housing Act 1989 apply, and |
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(b) any person who is the chairman of, or a member of, any functional body. |
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(3) This subsection applies to-
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(a) any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above had a contractual relationship with the Authority, and |
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(b) any person who is a member of, or a member of staff of, a body which has within the three years prior to the date of the requirement to be imposed under subsection (1) above had such a relationship. |
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(4) This subsection applies to-
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(a) any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above received a grant from the Authority, and |
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(b) any person who is a member of, or a member of staff of, a body which has within the three years prior to the date of the requirement to be imposed under subsection (1) received such a grant. |
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(5) This subsection applies to-
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(a) any person who is an Assembly member, |
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(b) any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above been an Assembly member, and |
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(c) any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above been the Mayor. |
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(6) A requirement imposed under subsection (1) above on a person falling within subsection (2) above-
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(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with matters in relation to which statutory functions are exercisable by the Authority or any functional body, and |
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(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to those matters. |
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(7) A requirement imposed under subsection (1) above on a person falling within subsection (3) above-
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(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the contractual relationship with the Authority, and |
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(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that contractual relationship. |
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(8) A requirement imposed under subsection (1) above on a person falling within subsection (4) above-
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(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the grant received from the Authority, and |
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(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that grant. |
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(9) A requirement imposed under subsection (1) above on a person falling within subsection (5) above-
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(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the exercise by the person attending of the functions of the Authority, and |
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(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to the exercise of those functions by that person. |
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(10) Nothing in this section shall require a person appointed under section 56(1) or (2) below to-
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(a) give any evidence, or |
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(b) produce any documents, |
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which relate to advice given by that person to the Mayor.
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(11) For the purposes of this section and sections 52, 53 and 54 below-
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(a) "document" means anything in which information is recorded in any form (and references to producing a document are to the production of the information in it in a visible and legible form, including the production of a copy of the document or an extract of the relevant part of the document), and |
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(b) any reference to a member of staff of a body includes a reference to an officer or employee of that body. |
| Procedure for requiring attendance. |
52. - (1) The powers of the Assembly under section 51(1) above may be exercised by and for the purposes of-
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(a) any committee of the Assembly, or |
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(b) any sub-committee of such a committee, |
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if the committee or sub-committee is expressly authorised to exercise those powers by the standing orders or by a simple majority of those present and voting at a meeting of the whole Assembly, but may not be exercised by any individual Assembly member or by any member of staff of the Authority.
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(2) In order to impose a requirement on a person under section 51(1) above the Chief Administrative Officer of the Authority must give him notice specifying-
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(a) the time and place at which he is to attend and the matters about which he is to be required to give evidence, or |
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(b) the documents, or types of documents, which he is to produce, the date by which he is to produce them and the matters to which the document or documents relate. |
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(3) Where a requirement under section 51(1) above is imposed on a person to attend proceedings or produce documents on behalf of a body, the notice required to be given to him under subsection (2) above must also specify that body.
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(4) A notice required by subsection (2) above to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives this right.
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(5) A notice required by subsection (2) above to be given to a person shall be taken to have been given to him if it is sent by registered post or the recorded delivery service and-
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(a) if he is a member of staff of the Authority or the chairman of, a member of, or a member of staff of a functional body, it is sent to his normal place of work, |
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(b) if he is a person required to attend proceedings or produce documents on behalf of a body, it is sent to the registered or principal office of the body, |
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(c) if he is any other individual, it is sent to his usual or last known address, or |
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(d) in the case of any person, where that person has given an address for service of the notice, it is sent to that address. |
| Restriction of information. |
53. The Secretary of State may by order-
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(a) prescribe categories of information which a person who is required under subsection (1)(a) of section 51 above to attend proceedings of the Assembly may refuse to give, or |
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(b) prescribe categories of documents which a person who is required under subsection (1)(b) of that section to produce documents may refuse to produce. |
| Failure to attend proceedings etc. |
54. - (1) A person to whom a notice under section 52(2) above has been given is guilty of an offence if he-
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(a) refuses or fails, without reasonable excuse, to attend proceedings as required by the notice, |
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(b) refuses to answer any question which is properly put to him when attending any proceedings as required by the notice, |
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(c) refuses or fails, without reasonable excuse, to produce any document required by the notice to be produced by him, or |
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(d) intentionally alters, suppresses, conceals or destroys any document required by the notice to be produced by him. |
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(2) A person guilty of an offence under subsection (1) above is liable on summary conviction to-
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(a) a fine not exceeding level 5 on the standard scale, or |
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(b) imprisonment for a term not exceeding three months. |
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(3) A person is not obliged by section 51 above to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.
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Ethical standards |
| The Secretary of State's guidance on ethical standards. |
55. - (1) The Secretary of State may issue guidance to the Authority with respect to ethical standards for the Mayor, the Assembly members and members of the Authority's staff.
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(2) The matters which may be dealt with in any such guidance include-
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(a) disclosure and registration of interests; |
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(b) the exercise of functions by or on behalf of the Mayor, the Deputy Mayor or any member of the Authority's staff in cases where the Mayor, Deputy Mayor or member of staff has an interest in the matter in question; |
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(c) voting in cases where an Assembly member has an interest in the matter in question; |
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(d) the establishment and functions of one or more committees concerned with ethical standards; |
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(e) the prescription of model codes of conduct. |
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(3) In exercising any functions conferred or imposed on him, or made exercisable by him, the Mayor and every Assembly member shall have regard to any guidance issued under this section.
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