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Schedule 4 | |
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BY THE LORD WHITTY | |
| 74 |
Page 219, line 5, leave out ("to the Deputy Mayor") and insert--
("(a) to the Deputy Mayor, if there is a holder of that office; or
(b) in any other case, to the Chair of the Assembly.")
| |
| 75 |
Page 219, line 8, at end insert-- | |
| | ("Provision for acting Mayor during vacancy | |
| | 2A. During any vacancy in the office of Mayor there shall be an acting Mayor of London (in this Act referred to as the "acting Mayor").") | |
| 76 |
Page 219, line 8, at end insert-- | |
| | ("Filling the office of acting Mayor | |
| | 2B.--(1) If a person holds the office of Deputy Mayor on the date on which a vacancy in the office of Mayor occurs, that person shall be the acting Mayor unless, within the permitted period--
(a) he gives notice to the proper officer of the Authority that he does not wish to be the acting Mayor; or
(b) he does not give a notice under paragraph (a) above and does not deliver a declaration under paragraph 5(1) below.
(2) If a person becomes the acting Mayor by virtue of being the Deputy Mayor--
(a) he shall cease to be the Deputy Mayor; and
(b) he shall not be the Deputy Mayor, the Chair of the Assembly or the Deputy Chair of the Assembly at any time while he is the acting Mayor.
(3) If, by virtue of sub-paragraph (1) above, the person who is the Deputy Mayor does not become the acting Mayor, the proper officer of the Authority shall give notice of that fact to the Chair of the Assembly as soon as practicable after--
(a) receipt of any notice under sub-paragraph (1)(a) above; or
(b) if no such notice is given, the last day of the permitted period.
(4) Where notice is given to the Chair of the Assembly--
(a) under paragraph 2(1)(b) above, or
(b) under sub-paragraph (3) above,
the person who is the Chair of the Assembly shall be the acting Mayor.
(5) If a person becomes acting Mayor by virtue of being the Chair of the Assembly--
(a) he shall cease to be the Chair of the Assembly; and
(b) he shall not be the Deputy Mayor, the Chair of the Assembly or the Deputy Chair of the Assembly at any time while he is the acting Mayor.
(6) In this paragraph "the permitted period" means the period of seven days following the day on which notice under paragraph 2(1)(a) above is given to the Deputy Mayor.") | |
| 77 |
Page 219, leave out lines 9 and 10 and insert-- | |
| | ("Acting Mayor to be treated as Mayor during vacancy | |
| | 3.--(1) If and so long as there is an acting Mayor--") | |
| 78 |
Page 219, line 12, leave out ("Deputy") and insert ("acting") | |
| 79 |
Page 219, line 14, leave out ("Deputy") and insert ("acting") | |
| 80 |
Page 219, line 16, leave out ("Deputy") and insert ("acting") | |
| 81 |
Page 219, line 31, at end insert-- | |
| | ("Acting Mayor not to act as Assembly member except in relation to budget | |
| | 4A.--(1) While a person is the acting Mayor, he shall not act as an Assembly member except in relation to the functions of the Assembly under Schedule 5 or 6 to this Act.
(2) Any period during which sub-paragraph (1) above has effect in relation to a person shall be left out of account in applying section 6 of this Act in relation to that person.") | |
| 82 |
Page 219, line 33, leave out ("The Deputy Mayor shall not") and insert ("A person shall not, by virtue of being Deputy Mayor,--
(a) become the acting Mayor, or
| |
| 83 |
Page 219, line 34, after ("above") insert ("unless and") | |
| 84 |
Page 219, line 35, after ("Authority") insert ("within the permitted period") | |
| 85 |
Page 219, line 36, at end insert--
("( ) In sub-paragraph (1) above, "permitted period" has the same meaning as in paragraph 2B above.") | |
| 86 |
Page 219, line 40, leave out ("Deputy") and insert ("acting") | |
| 87 |
Page 219, line 43, leave out ("Deputy") and insert ("acting") | |
| 88 |
Page 219, line 47, leave out ("Deputy") and insert ("acting") | |
| 89 |
Page 220, line 1, leave out sub-paragraphs (3) and (4) | |
| 90 |
Page 220, line 6, at end insert-- | |
| | ("Declaration of acceptance by Chair of Assembly | |
| | 6A. A person who becomes acting Mayor by virtue of being the Chair of the Assembly shall not act in the office of acting Mayor unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 23(1) above.") | |
| 91 |
Page 220, line 7, leave out paragraph 7 | |
| 92 |
Page 220, line 15, at end insert-- | |
| | ("Occurrence of vacancy in office of acting Mayor | |
| | 8A.--(1) If, at any time during a vacancy in the office of Mayor, a casual vacancy occurs in the office of acting Mayor, the head of the Authority's paid service shall give notice of the vacancy--
(a) to the Chair of the Assembly, and
(b) to the Deputy Mayor, if there is a holder of that office,
and this Part of this Schedule (other than paragraph 2 above) shall have effect as if a vacancy in the office of Mayor had arisen on the date on which the vacancy in the office of acting Mayor occurs.
(2) For the purposes of this paragraph, the cases in which, and the date on which, a casual vacancy occurs in the office of acting Mayor are the cases in which, and the date on which, a casual vacancy--
(a) occurs in the acting Mayor's office as an Assembly member; or
(b) would have occurred in the office of Mayor, had the acting Mayor been the Mayor.
(3) Any notice under sub-paragraph (1) above shall be given as soon as practicable after the date on which, by virtue of sub-paragraph (2) above, the vacancy is, in accordance with section 9 or 15 of this Act, to be regarded as occurring.") | |
| 93 |
Page 220, line 17, at end insert-- | |
| | ("Notice of Mayor's temporary inability to act | |
| | 8B.--(1) If the head of the Authority's paid service becomes aware that the Mayor is temporarily unable to act, he shall as soon as reasonably practicable give notice of that fact--
(a) to the Chair of the Assembly; and
(b) to the Deputy Mayor, if there is a holder of that office.
(2) For the purposes of the following provisions of this Part of this Schedule, any period when the Mayor is temporarily unable to act shall be taken to begin with the giving of the notice required by sub-paragraph (1) above.") | |
| 94 |
Page 220, line 31, leave out from ("under") to end of line 32 and insert ("Schedule 5 or 6 to this Act;") | |
| 95 |
Page 221, line 10, leave out paragraph 13 and insert--
("13.--(1) This paragraph applies in relation to any period (or, as the case may be, the remainder of any period) when the Mayor is temporarily unable to act, if--
(a) at the beginning of that period there is no Deputy Mayor; or
(b) the person who, at the beginning of that period, is the Deputy Mayor gives notice to the proper officer of the Authority, within the permitted time, that he does not wish to exercise the functions of the Mayor pursuant to paragraph 9 above; or
(c) a casual vacancy occurs in the office of Deputy Mayor during that period;
and in paragraph (b) above "the permitted time" means the period of seven days following the day on which notice under paragraph 8B(1)(b) above is given to the Deputy Mayor.
(2) Where this paragraph applies--
(a) paragraphs 9 and 10 above shall have effect with the substitution for references to the Deputy Mayor of references to the Chair of the Assembly; and
(b) paragraph 12 above shall be disregarded, but without prejudice to any action taken under paragraph (a) or (b), or required to be taken under paragraph (b), of that paragraph.
(3) If and so long as functions are exercisable by virtue of paragraph 9 above by the Chair of the Assembly, he shall not exercise any of the other functions of Chair of the Assembly.
(4) If and so long as the Chair of the Assembly is precluded by sub-paragraph (3) above from exercising any of his functions, those functions shall be exercisable instead by the Deputy Chair of the Assembly.
(5) If and so long as any functions of the Chair of the Assembly are, by virtue of sub-paragraph (4) above, exercisable by the Deputy Chair of the Assembly, the Deputy Chair of the Assembly shall not exercise any of his other functions.
(6) If and so long as the Deputy Chair of the Assembly is precluded by sub-paragraph (5) above from exercising any of his functions, those functions shall be exercisable instead by a person ("the acting Deputy Chair") elected for the purpose at a meeting of the Assembly from among the Assembly members.
(7) A person must not at the same time hold office as acting Deputy Chair and as Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly.
(8) If the acting Deputy Chair becomes Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly, a vacancy shall occur in the office of acting Deputy Chair.") | |
| |
Clause 31 | |
| |
BY THE LORD WHITTY | |
| 96 |
Page 18, line 15, at end insert--
("( ) the Common Council;")
| |
| 97 |
Page 18, line 16, at end insert--
("(2A) In the case of the Common Council or a local authority, an authorisation under this section--
(a) may only be granted or varied with its written consent; and
(b) shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.")
| |
| 98 |
Page 18, line 16, at end insert--
("(2B) Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
(2C) Subsection (2B) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by--
(a) a committee or sub-committee, or a member, officer or employee, of the body or person, or
(b) a joint committee on which the body or person is represented,
except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.") | |
| 99 |
Page 18, line 24, at end insert--
("(c) the Common Council,
(d) any local authority,")
| |
| 100 |
Page 18, line 31, leave out from ("authorisation") to ("as") in line 32 and insert ("under subsection (1) above given by the Mayor--
(a) to a local authority,
(b) to Transport for London, or
(c) to the London Development Agency,")
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| 101 |
Page 18, line 34, leave out subsection (6) | |
| |
After Clause 31 | |
| |
BY THE LORD WHITTY | |
| 102 |
Insert the following new Clause-- | |
| | (" .--(1) Where any functions exercisable on behalf of the Authority by the Mayor are, by virtue of an authorisation under section 31(1) above, also exercisable by one or more local authorities, the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint discharge of the functions by a joint committee.
(a) a statutory function of the Authority is exercisable, or has been exercised, by the Mayor acting on behalf of the Authority, and
(b) the exercise, or any particular exercise, of that function will or may affect, or be affected by, the exercise, or any particular exercise, of statutory functions of local authorities (whether or not the functions are the same in the case of each such authority),
| Exercise of functions by joint committees.
1972 c. 70. |
| | the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint exercise of any of the statutory functions mentioned in paragraph (a) or (b) above by a joint committee, as if those functions were exercisable by the Mayor acting on behalf of the Authority and by each local authority.
(3) For the purposes of subsection (2) above, the exercise of a function shall be taken to affect, or be affected by, the exercise of another function if the functions are exercisable for the same, or for similar or connected, purposes or in relation to the same, or similar or connected, subject matter. | 1972 c. 70. |
| | (4) For the purposes of subsections (1) and (2) above, sections 101(5) and 102 to 106 of the Local Government Act 1972 shall have effect as if the Authority acting by the Mayor were a local authority.
(5) Any arrangements made by virtue of subsection (1) or (2) above for the discharge of any functions by a joint committee (or by a sub-committee of a joint committee) shall not prevent the Mayor or any local authority, or the joint committee by whom the arrangements are made, from exercising the functions.
(6) A person who is disqualified under section 20 above from being elected or being the Mayor or an Assembly member, otherwise than by reason only of being a member of staff of the Authority, shall be disqualified from being a member of a joint committee established by virtue of subsection (1) or (2) above or of any sub-committee of such a committee.
(7) Subject to that, the Mayor or any other individual may be appointed as a representative of the Authority on any joint committee established by virtue of subsection (1) above and any such representative may be appointed as a member of any sub-committee of such a joint committee.
(8) Any reference in this section to a local authority includes a reference to the Common Council.") | 1972 c. 70. |
| |
Clause 33 | |
| |
BY THE LORD LUKE
THE BARONESS ANELAY OF ST. JOHNS | |
| 103 |
Page 19, line 25, at end insert--
("( ) the River Thames Strategy prepared and published under section (River Thames Strategy) below,")
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| |
BY THE LORD CLINTON-DAVIS | |
| 104 |
Page 19, line 32, at end insert ("and
(i) the River Thames strategy prepared and published under section (The River Thames strategy) below")
| |
| |
BY THE BARONESS HAMWEE
THE LORD TOPE | |
| 105 |
Page 19, line 45, after ("Kingdom;") insert--
("(iii) the promotion of the prevention of crime and the promotion of community safety in Greater London;")
| |
| |
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH | |
| 106 |
Page 20, line 3, leave out paragraph (a) and insert--
("(a) the need to ensure that the strategy is consistent with the international obligations of the United Kingdom,
| |
| |
BY THE LORD CLINTON-DAVIS | |
| 107 |
Page 20, line 9, leave out paragraph (d) | |
| |
BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH | |
| 108 |
Page 20, line 9, after second ("the") insert ("safe and environmentally beneficial") | |
| 109 |
Page 20, line 11, at end insert ("; and
( ) the views of such organisations representative of business as the Mayor considers it appropriate to consult having regard to the impact of his strategy on business")
| |
| 110 |
Page 20, line 11, at end insert ("; and
( ) compliance costs for business, and the impact on employment in Greater London")
| |
| 111 |
Page 20, line 11, at end insert ("; and
( ) public safety including the needs of the ambulance, fire and civil defence services")
| |
| |
BY THE BARONESS HAMWEE
THE LORD CLEMENT-JONES | |
| 112 |
Page 20, line 26, at end insert ("and
(c) to contribute to the prevention of crime and the promotion of community safety in Greater London,")
| |
| |
BY THE LORD WHITTY | |
113
9 |
Page 20, line 32, at end insert--
("(8A) The Mayor shall from time to time set such targets with respect to the implementation of any strategy mentioned in subsection (1) above as he may consider appropriate, having regard to--
(a) any related targets or objectives set nationally; and
(b) any performance indicators set by the Secretary of State, whether nationally or locally, which affect the exercise of functions by authorities involved in the implementation of the strategy;
| |
| | and in setting any such targets the Mayor shall seek to secure that they are not less demanding than any related targets or objectives which are set nationally.") | |
| |
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON
[As an amendment to Amendment 113] | |
| 114* |
Line 9, at end insert ("and
(c) any views expressed by the Assembly")
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