House of Lords Amendments - Greater London Authority Bill

Greater London Authority Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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	Clause 57
	BY THE LORD WHITTY
	Page 32, line 14, at end insert-- ("(bb) the London Development Agency;")
	Page 32, line 15, leave out paragraphs (c) and (d)
	Page 32, line 19, leave out ("a") and insert ("an unpaid")
	Page 32, line 20, leave out ("without any additional remuneration")
	Page 32, line 21, at end insert-- ("( ) For the purposes of subsection (3) above, the unpaid members of any body are those members of the body who do not receive any remuneration (whether from the body, the Authority or any other source) which they would not receive if they were not members of the body.")
	Page 32, line 24, at end insert-- ("( ) In section 2 of that Act, so far as it has effect for the purposes of section 1 of that Act, the expression "the statutory chief officers" shall be taken to include a reference to the chief finance officer, within the meaning of section 113 below,-- (a) of Transport for London, and (b) of the London Development Agency, whether he is an officer, employee, member of staff or member of Transport for London or, as the case may be, the London Development Agency.")
	Page 32, line 24, at end insert--
	("( ) In the application of section 2 of that Act in relation to the London Development Agency by virtue of subsections (1) and (2)(bb) above, any reference to the person designated under section 4 of that Act as its head of paid service shall be taken as a reference to the chief executive of the London Development Agency appointed under paragraph 4(2) of Schedule 2 to the Regional Development Agencies Act 1998.")		1998 c. 45.
	Clause 59
	BY THE LORD WHITTY
	Page 32, line 42, after ("conditions") insert ("(including conditions as to remuneration)")
	Page 33, line 13, at end insert-- ("( ) The requirement of subsection (5)(b) above is that the person shall-- (a) so far as reasonably practicable, answer any such question orally at the meeting at which it is put; or (b) if for any reason it is not reasonably practicable to do that, provide a written answer before the end of the third working day following the day on which the question was first asked at the meeting.")
	Page 33, line 18, at end insert-- ("( ) In this section "working day" has the same meaning as in section 37 above.")
	Clause 61
	BY THE LORD WHITTY
	Page 33, line 29, at end insert--
	("( ) The person who, by virtue of subsection (1) above, is designated under section 4(1)(a) of the Local Government and Housing Act 1989 as the head of the Authority's paid service must be a member of staff appointed under section 56(2) above.")		1989 c. 42.
	Page 33, line 30, leave out subsection (2)
	Page 33, line 33, leave out subsection (3)
	Page 33, line 35, at end insert--
	("(4) In the application of section 4 of the Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect. (5) The duty imposed by subsection (1)(a) (appointment of head of paid service) shall be discharged by the Assembly after consultation with the Mayor. (6) The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the head of paid service)-- (a) so far as relating to the provision of staff, shall be discharged by the Assembly; and (b) so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor. (7) Any report prepared under subsection (2) (report by head of paid service) shall be a report to the Mayor and the Assembly. (8) The references to functions in paragraphs (a) and (b) of subsection (3) (matters concerning which proposals may be made in a report under subsection (2)) shall be taken as references to the functions of the Authority, whether exercisable by the Mayor, the Assembly, or the Mayor and Assembly acting jointly. (9) It shall be the duty of the Mayor personally to consider any report to the Mayor and Assembly under subsection (2). (10) The meeting required by subsection (5) to be held to consider any such report shall be a meeting of the Assembly which must not be held until-- (a) the Mayor has submitted to the Chair of the Assembly a written statement of his views on the report; or (b) the period of one month has elapsed since copies of the report were first sent to members of the Assembly without the Mayor having submitted any such statement;		1989 c. 42.
	and the reference in that subsection to section 101 of the Local Government Act 1972 (delegation) shall be taken as a reference to section 46 above. (11) In considering any such report at any such meeting, the Assembly shall take account of any views on the report which have been expressed by the Mayor in a statement submitted under subsection (10)(a) above.")		1972 c. 70.
	Clause 62
	BY THE LORD WHITTY
	Page 33, line 42, at end insert--
	("( ) The person who, by virtue of subsection (1) above, is designated under section 5(1)(a) of the Local Government and Housing Act 1989 as the Authority's monitoring officer must be a member of staff appointed under section 56(2) above.")		1989 c. 42.
	Page 34, line 1, leave out subsection (2) and insert--
	("(2) In the application of section 5 of the Local Government and Housing Act 1989 in relation to the Authority by virtue of subsection (1) above, the following provisions shall have effect. (3) The duty imposed by subsection (1)(a) (appointment of monitoring officer) shall be discharged by the Assembly after consultation with the Mayor. (4) The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the monitoring officer)-- (a) so far as relating to the provision of staff, shall be discharged by the Assembly; and (b) so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor. (5) For subsection (2) there shall be substituted-- "(2) It shall be the duty of the Greater London Authority's monitoring officer, if at any time it appears to him that any proposal, decision or omission of a GLA body or person has given rise to, or is likely to or would give rise to-- (a) a contravention by that or any other GLA body or person of any enactment or rule of law or of any code of practice made or approved by or under any enactment, or		1989 c. 42.
	(b) any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974 (Local Commissioners), to prepare a report to the Mayor and the Assembly with respect to that proposal, decision or omission. In this subsection "GLA body or person" means-- (a) the Greater London Authority; (b) Transport for London, when exercising any function of the Greater London Authority by virtue of section 31 of the Greater London Authority Act 1999; (c) the London Development Agency, when exercising any function of the Greater London Authority by virtue of section 31 of the Greater London Authority Act 1999; (d) the Mayor of London; (e) the London Assembly; (f) any committee or sub-committee of the London Assembly; (g) any committee or sub-committee of Transport for London or the London Development Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 31 of the Greater London Authority Act 1999; (h) any joint committee to which the Mayor of London has power to appoint members (whether or not the power is the subject of an authorisation under section 31(1) of the Greater London Authority Act 1999); (j) the Deputy Mayor of London; (k) any member of the London Assembly; (l) any member of staff of the Greater London Authority; (m) any member, or member of staff, of Transport for London or the London Development Agency, when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 31 of the Greater London Authority Act 1999; and in the above definition of "GLA body or person" any reference to a member of staff of a body includes a reference to an officer or employee of that body." (6) The duties imposed on the Authority by subsection (5) (to consider any report and to ensure that during the period of suspension no step is taken for giving effect to any proposal or decision to which the report relates)-- (a) so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor (or, by virtue of an authorisation under section 31(1) above, by a GLA body or person), shall be discharged by the Mayor; (b) so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Assembly (or, by virtue of arrangements under section 46 above, by a GLA body or person), shall be discharged by the Assembly; and (c) so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor and the Assembly acting jointly, shall be discharged separately-- (i) by the Mayor, as if the case fell within paragraph (a) above, and (ii) by the Assembly, as if the case fell within paragraph (b) above. (7) Accordingly-- (a) in its application in relation to the Mayor by virtue of subsection (6)(a) or (c)(i) above, paragraph (a) of subsection (5) shall have effect with the substitution for the words "at a meeting held not more than" of "within"; and (b) in the application of that paragraph by virtue of subsection (6)(b) or (c)(ii) above, the meeting required to be held shall be a meeting of the Assembly.		1974 c. 7.
	(8) In paragraph (b) of subsection (5), the reference to section 115 of the Local Government and Housing Act 1989 (duties in respect of conduct involving contraventions of financial obligations) shall include a reference to section 115A of that Act (which is inserted by section 117(9) below and makes provision in relation to the Mayor and the Assembly). (9) Where by virtue of subsection (6) above the Mayor or the Assembly is under a duty to consider a report, the Mayor or the Assembly in discharging that duty shall take account of any views on the report which have been expressed by the other of them in a statement submitted-- (a) by the Assembly to the Mayor; or (b) by the Mayor to the Chair of the Assembly. (10) Standing orders of the Authority shall make provision for or in connection with-- (a) the period within which any statement by virtue of subsection (9) above must be submitted; (b) the consideration of any such statement by the Mayor or, as the case may be, the Assembly; (c) the period within which any meeting of the Assembly required by subsection (5) by virtue of subsection (6)(b) or (c)(ii) above must, or must not, be held. (11) Neither section 31 above nor section 46 above shall apply in relation to the duty imposed on the Mayor or the Assembly by virtue of subsection (6) above to consider a report.")		1989 c. 42.
	Schedule 5
	BY THE LORD WHITTY
	Page 222, line 8, leave out ("a majority of the Assembly members voting") and insert ("the Assembly")
	Page 222, line 28, leave out ("a majority of the Assembly members voting") and insert ("the Assembly")
	Page 222, line 42, leave out ("a majority of the Assembly members voting") and insert ("the Assembly")
	Page 223, line 43, leave out ("a majority of the Assembly members voting") and insert ("the Assembly")
	Schedule 6
	BY THE LORD WHITTY
	Page 225, line 29, leave out ("a majority of the Assembly members voting") and insert ("the Assembly")
	Page 225, line 41, leave out ("a majority of the Assembly members voting") and insert ("the Assembly")
	Page 226, line 39, leave out ("a majority of the Assembly members voting") and insert ("the Assembly")
	Clause 113
	BY THE LORD WHITTY
	Page 65, line 2, at end insert-- ("( ) No person may be the chief finance officer of two or more relevant authorities at the same time.")
	Page 65, line 6, at end insert-- ("( ) The chief finance officer of the Authority must be a member of staff appointed under section 56(2) above.")
	Page 65, line 6, at end insert-- ("( ) The function of appointing the Authority's chief finance officer under subsection (2)(b) above shall be a function of the Authority which is exercisable on behalf of the Authority by the Assembly after consultation with the Mayor.")
	Page 65, line 6, at end insert-- ("( ) If the Mayor is a member of Transport for London, he must not be its chief finance officer.")
	Page 65, line 6, at end insert--
	("( ) In section 2 of the Local Government and Housing Act 1989 (politically restricted posts) in subsection (6)(d) (the effect of which is that the chief finance officer appointed under certain provisions is included among "the chief statutory officers" for the purposes of that section) after "section 112 of the Local Government Finance Act 1988" there shall be inserted ", section 113(2) of the Greater London Authority Act 1999".")		1989 c. 42. 1988 c. 41.
	Schedule 7
	BY THE LORD WHITTY
	Page 230, line 14, at end insert--
	("Studies of Authority by Commission at request of Mayor
	. In section 35 of the Audit Commission Act 1998 (studies at request of bodies subject to audit) after subsection (2) there shall be inserted-- "(2A) Before exercising the power of the Greater London Authority to make a request under subsection (1) above, the Mayor of London shall consult the London Assembly.".")		1998 c. 18.
	Page 230, line 24, at end insert-- ("( ) the London Assembly; and")
	Clause 139
	BY THE LORD SWINFEN THE BARONESS DARCY (de KNAYTH)
	Page 76, line 31, at end insert-- ("( ) Transport for London shall secure the provision of transport services that enable disabled and older people to have access to the same level of services as all passengers.")
	Schedule 8
	BY THE LORD SWINFEN THE BARONESS DARCY (de KNAYTH)
	Page 231, line 36, at end insert-- ("(3A) The Mayor shall appoint as members of Transport for London-- (a) a person who has personal experience of being a disabled person, and (b) a person who is an older person.")
	BY THE LORD WHITTY
	Page 232, line 2, after ("London") insert ("(including conditions as to remuneration)")
	BY THE LORD SWINFEN THE BARONESS DARCY (de KNAYTH)
	Page 232, line 4, at end insert-- ("( ) The members of Transport for London appointed pursuant to paragraph 2(3A) shall be supported by a forum of representatives of disabled and older people.")
	Clause 141
	BY THE LORD BRABAZON OF TARA THE BARONESS MILLER OF HENDON THE LORD DIXON-SMITH [In substitution for the amendment to Clause 151 tabled on sheet HL Bill 92(b)]
	Page 78, line 26, at end insert-- ("( ) Notwithstanding any other provision of this Act, Transport for London may not acquire any interest in a company whose shares are quoted on a recognised stock exchange (within the meaning of section 841 of the Income and Corporation Taxes Act 1988) or traded on any public market (any such company being in this subsection a "quoted company"). ( ) Where Transport for London acquires an interest in a company which subsequently becomes a quoted company then it shall be permitted such period of time as is reasonable in all the circumstances (being a period not exceeding 2 years beginning on the day when such company first becomes a quoted company) to dispose of such holding for the best price as may be obtainable, and during such period such company shall not be regarded for the purposes of this Part as a company in which Transport for London holds an interest.")
	Clause 146
	BY THE BARONESS HAMWEE THE BARONESS THOMAS OF WALLISWOOD [In substitution for the third amendment to Clause 146 published on sheet HL Bill 92(b)]
	Page 81, line 21, at end insert-- ("(4A) Neither Transport for London nor the Authority nor any subsidiary of transport for London (for the purposes of this section "the disposing body") shall dispose of any interest in operational land unless it has been given not less than four months' notice of its intention to make such a disposal together with all relevant details to the bodies specified in subsection (2) below. (4B) Those bodies are-- (a) the London borough councils; (b) the Common council; (c) bodies providing public passenger transport services. (4C) The disposing body shall have full regard to all responses made by any body specified in subsection (4B) including any proposal to acquire the land. (4D) Transport for London shall prepare and keep available for inspection a list of its freehold and other interests in operational and non-operational land and buildings.")



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