Greater London Authority Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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After Clause 315
 
  
BY THE LORD WHITTY
 
455AXC       Insert the following new Clause-- 
     (" .--(1) The Mayor may make schemes for the collection of information relating to any matters concerning Greater London or any part of it.
 
    (2)  The schemes that may be made under this section include schemes under which each London local authority must provide to the Mayor, in accordance with the scheme, information--
    (a)  required by the Mayor to be provided; and
    (b)  falling within such description of information as is specified in the scheme.
    (3)  A scheme under this section may be made only after consultation with each London local authority.
 
    (4)  A scheme under this section shall have effect so as to be binding on all the London local authorities only if at least two-thirds of those authorities give their agreement to the scheme.
 
    (5)  A scheme under this section shall state whether or not it is to remain in effect indefinitely and, if it is not to remain in effect indefinitely, shall state the period for which it is to remain in effect.
 
    (6)  A scheme under this section may include provision relating to--
    (a)  the method by which information to be collected or provided under the scheme is to be analysed;
    (b)  the form in which such information is to be collected or provided;
    (c)  the ownership of information collected or provided under the scheme;
    (d)  the method by which information is to be transferred or stored under the scheme;
    (e)  the persons to whom information collected or provided under the scheme may, or must not, be disclosed;
    (f)  bearing the costs of the scheme.
    (7)  The provision which may be made by virtue of subsection (6)(f) above includes in particular provision--
    (a)  for the costs of collecting or providing information of a description specified in the scheme to be borne by the Mayor or a London local authority or by both the Mayor and a London local authority in such proportions as may be specified by or under the scheme;
    (b)  for the recovery of costs related to the scheme by the Mayor from a London local authority, by a London local authority from the Mayor or by a London local authority from another such authority.
    (8)  A scheme under this section may contain such supplementary provision as the Mayor considers necessary or expedient.
 
    (9)  The powers of the Mayor under this section are without prejudice to any other power of the Mayor under or by virtue of this Act to require any London local authority to provide information.
 
    (10)  For the purposes of this section "London local authority" means a London borough council or the Common council.")
Information schemes.
455AXD     [Withdrawn] 
455AXDA       Insert the following new Clause-- 
     ("  .--(1)  Where--
    (a)  a scheme is made by virtue of subsection (2) of section (Information schemes) above, but
    (b)  the agreement of at least two-thirds of the London local authorities is not given to the scheme as mentioned in subsection (4) of that section,
the Mayor may apply to the Secretary of State for a direction that the scheme is to have effect so as to be binding on all those authorities.
 
    (2)  A direction by the Secretary of State under subsection (1) above shall specify the date from which the scheme is to have effect by virtue of the direction.
 
    (3)  Before giving a direction under subsection (1) above the Secretary of State shall consult each London local authority and may give such a direction only if he considers--
    (a)  that the provision of information of the description which may be required by the Mayor to be provided under the scheme is necessary for the exercise of functions of the Authority; and
    (b)  that the provisions of the scheme will not impose an unreasonable financial burden on the London local authorities.
    (4)  For the purposes of any scheme made by virtue of subsection (2) of section (Information schemes) above each London local authority shall have power to collect any information which is required to be provided by that authority to the Mayor under the scheme.
 
    (5)  For the purposes of this section a London local authority means a London borough council or the Common council.")
Schemes for the provision of information by London councils: supplementary.
455AXE       Insert the following new Clause-- 
     (" .--(1) A scheme under section (Information schemes) above may at any time--
    (a)  be revoked by the Mayor; or
    (b)  be varied by the Mayor in accordance with the terms of the scheme or by agreement between the Mayor and at least two-thirds of the London local authorities.
    (2)  Before deciding whether to revoke or vary a scheme by virtue of subsection (1) above the Mayor shall consult each London local authority.
 
    (3)  Where the Mayor revokes or varies a scheme by virtue of subsection (1) above he shall notify each London local authority of the revocation or variation.
 
    (4)  For the purposes of this section "London local authority" means a London borough council or the Common council.")
Revocation or variation of information schemes.
  
Clause 316
 
  
BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
THE LORD TOPE
 
455AYA       Page 165, line 38, after ("for") insert ("the Authority or") 
455AZA       [Withdrawn] 
  
After Clause 316
 
  
BY THE LORD WHITTY
 
455AZAA         Insert the following new Clause-- 
     ("  .--(1)  The functions conferred or imposed on the Secretary of State under or by virtue of the provisions of Schedule 1 to the London Government Reorganisation (Pensions etc.) Order 1989 ("the 1989 Order") specified in subsection (2) below are transferred to the Mayor by this subsection.
 
    (2)  Those provisions are--
    (a)  paragraph 1 (appointment of members etc.);
The London Pensions Fund Authority: membership etc.
S.I. 1989/1815.
 
    (b)  paragraph 2(b) (which makes provision about tenure of office by applying paragraph 2 of Schedule 13 to the Local Government Act 1985);
    (c)  paragraph 2(c) (which makes provision about determinations relating to remuneration etc. by applying paragraph 3 of that Schedule);
    (d)  paragraph 2(f) (which makes provision about reports and information by applying paragraph 10 of that Schedule).
1985 c. 51.
     (3)  In the application of paragraph 3 of Schedule 13 to the Local Government Act 1985 (determinations relating to remuneration etc.) by virtue of subsections (1) and (2)(c) above, sub-paragraph (5) (which requires the consent of the Treasury to any determination) shall be omitted.
 
    (4)  In the application of paragraph 10 of that Schedule (reports and information) by virtue of subsections (1) and (2)(d) above, in sub-paragraph (2) (which requires the authority to send a copy of its annual report to the Secretary of State, and the Secretary of State to lay copies of it before Parliament) the words from "and the Secretary of State" to the end of the sub-paragraph shall be omitted.
 
    (5)  Any appointment--
    (a)  made by the Secretary of State under sub-paragraph (1) or (2) of paragraph 1 of Schedule 1 to the 1989 Order, and
    (b)  in force immediately before the coming into force of subsection (1) above, so far as relating to subsection (2)(a) above,
1985 c. 51.
 shall have effect as from the coming into force of subsection (1) above, so far as so relating, as an appointment made by the Mayor under and in accordance with that sub-paragraph (and subject accordingly to the provisions of paragraphs 2 and 3 of Schedule 13 to the Local Government Act 1985 as they have effect by virtue of subsections (1) and (2)(b) or (c) above).")1985 c. 51.
  
Clause 318
 
  
BY THE LORD YOUNG OF DARTINGTON
 
     The Lord Young of Dartington gives notice of his intention to oppose the Question that Clause 318 stand part of the Bill. 
  
Clause 319
 
  
BY THE LORD DAHRENDORF
 
455AZAB         Page 167, line 26, leave out ("Corporation of London") and insert ("Common Council") 
455AZAC         Page 167, line 35, leave out ("Corporation of London") and insert ("Common Council") 
  
Clause 325
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
455AA     Page 173, line 39, at end insert--
 
    ("(  )  Any power conferred by this Act on a Minister of the Crown to make an order which has not been exercised before 1st May 2004 shall become null and void.")
 
  
BY THE LORD WHITTY
 
455AB     Page 173, line 43, at end insert ("or
    (c)  section 317(1) above,")
 
455AC     Page 173, line 45, at end insert--
 
    ("(  )  Subsection (3) above shall not have effect in relation to a statutory instrument containing an order under section 317(1) above making--
    (a)  amendments or repeals in an enactment contained in a local and personal or private Act,
    (b)  amendments or revocations in subordinate legislation which was not subject to affirmative parliamentary procedure, or
    (c)  provision of any description by virtue of section 317(2) or subsection (1) above in connection with any such amendments, repeals or revocations,
if it would not have effect in relation to that instrument apart from those amendments, repeals or revocations or that provision.")
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
455B     Page 174, line 5, at end insert--
 
    ("(5)  A Statutory Instrument containing regulations under section 317(1) shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.")
 
  
BY THE LORD WHITTY
 
455BA     Page 174, line 21, leave out ("paragraph 16(2)") and insert ("provisions specified in subsection (4) above") 
455BB     Page 174, line 22, leave out ("paragraph 22(2)") and insert ("provisions specified in subsection (4) above") 
455C     Page 174, line 25, at end insert--
 
    ("section (Power of Mayor to transfer functions)(4);")
 
455D     Page 174, line 27, at end insert--
    ("section (Restrictions on contracting out certain services);")
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
455E     Page 174, line 29, leave out ("317") and insert ("317(2)") 
  
BY THE LORD WHITTY
 
455EA     Page 174, line 34, at end insert--
 
    ("(  )  For the purposes of this section, the subordinate legislation which is "subject to affirmative parliamentary procedure" is any subordinate legislation contained in an instrument which was subject--
    (a)  to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament, or
    (b)  to a requirement that a draft of the instrument be laid before, and approved by a resolution of, the House of Commons,
or which was not subject to such a requirement by reason only that it re-enacted subordinate legislation (with or without modification).")
 
  
Schedule 27
 
  
BY THE LORD WHITTY
 
455F     Page 320, line 11, at end insert-- 
 ("1965 c. 63.The Public Works Loans Act 1965.In section 2(1)(a), the word "and" immediately preceding sub-paragraph (iii). 
 1968 c. 13.The National Loans Act 1968.In Schedule 4, in paragraph 1, in paragraph (a) of the definition of "local authority", the word "and" immediately preceding sub-paragraph (iii).") 
455G     Page 321, line 13, column 3, at end insert-- 
 ("Section 107.") 
455H     Page 321, line 13, at end insert-- 
 ("1988 c. 41.The Local Government Finance Act 1988.In section 88(2), paragraphs (c) and (d).") 
455J     Page 322, line 19, column 3, at end insert-- 
 ("In section 45(1), in the second paragraph, the words "outside Greater London".") 
455K     Page 322, line 19, column 3, at end insert-- 
 ("In section 55(4), the word "and" immediately preceding paragraph (d).") 
  
Clause 329
 
  
BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD
 
456     Page 175, line 33, leave out paragraph (b) 
 
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Prepared 26 July 1999