| |
After Clause 338 | |
| |
BY THE BARONESS HAMWEE
THE LORD DHOLAKIA
THE LORD ARCHER OF WESTON-SUPER-MARE | |
| 556A |
Leave out Clause 338 and insert the following new Clause-- | |
| | (" . It shall be the duty of--
(a) the Greater London Authority,
(b) the Metropolitan Police Authority, and
(c) the London Fire and Emergency Planning Authority,
to exercise their various functions with due regard to the need--
(i) to promote and secure equality of opportunity for all persons irrespective of their race, sex, disability, age, sexual orientation, or religion;
(ii) to eliminate all forms of unlawful discrimination; and
(iii) to promote good relations between persons of different racial groups, religious beliefs and sexual orientation.") | Discrimination. |
| |
Clause 342 | |
| |
BY THE LORD WHITTY | |
| 557 |
Page 186, line 22, leave out ("subsection (2) below") and insert ("the following provisions of this section") | |
| 558 |
Page 186, line 24, leave out ("require") and insert ("request") | |
| 559 |
Page 186, line 24, at end insert--
("( ) The information, advice or assistance that may be requested under subsection (1) above is such information, advice or assistance as the Mayor may reasonably require for the purpose of discharging functions of the Authority which are exercisable by him.") | |
| 560 |
Page 186, line 26, leave out ("confidential") | |
| 561 |
Page 186, line 29, leave out paragraph (b) | |
| 562 |
Page 186, line 31, leave out paragraph (c) and insert--
("(c) impose further limitations on the exercise of the powers conferred on the Mayor by subsection (1) above.") | |
| 563 |
Page 186, line 34, leave out subsection (3) | |
| |
Clause 343 | |
| |
BY THE LORD WHITTY | |
| 563A |
Page 187, line 15, at end insert--
("(3A) The Secretary of State may make regulations requiring the Authority to make, or assist in making, arrangements whereby information falling within subsection (3B) below which is in the possession of the Authority is made available to any of the bodies and persons mentioned in subsection (3)(a) to (c) above.
(3B) The information which falls within this subsection is--
(a) information collected, or the result of any investigation carried out, by the Authority under subsection (1)(a) above, and
(b) information collected, or the result of any investigation carried out, other than by the Authority which has been transferred to the Authority by virtue of an order under section 351 below or a scheme under section 352 below.") | |
| |
After Clause 346 | |
| |
BY THE LORD WHITTY | |
| 563B* |
Insert the following new Clause-- | |
| | ("Overseas assistance | |
| | .--(1) Section 1 of the Local Government (Overseas Assistance) Act 1993 (power of local authorities to provide advice and assistance overseas) shall be amended as follows.
(2) After subsection (6) there shall be inserted--
"(6A) For the purposes of subsection (1) above the Greater London Authority shall be treated as having skill and experience as respects a particular matter if--
(a) the Authority does not have skill and experience as respects that matter,
(b) the London Development Agency does have such skill and experience, and
(c) the Agency provides advice and assistance as respects that matter to the Authority.".
(3) In subsection (9)(a) (authorities given power to provide assistance) after "Wales," there shall be inserted "the Greater London Authority,".") | Overseas assistance.
1993 c. 25. |
| |
After Clause 347 | |
| |
BY THE LORD WHITTY | |
| 563C* |
Insert the following new Clause-- | |
| | (" .--(1) For each financial year the London Pensions Fund Authority ("the LPFA") shall prepare--
(a) a statement containing a draft budget for the LPFA for that financial year and specifying the amount of any levy which the LPFA proposes to make on any class of authority in respect of that year by virtue of any levying bodies regulations; and
(b) a statement of the LPFA's strategic plans and objectives for that financial year and the two following financial years;
and shall submit those statements to the Mayor on or before 31st December in the preceding financial year.
(2) If--
(a) the Mayor gives the LPFA any comments on a statement submitted in accordance with subsection (1)(a) above, and
(b) those comments are given on or before 31st January immediately following the submission of the statement,
the LPFA shall have regard to the comments in setting its budget for the financial year to which the statement relates.
(3) In this section-- | The London Pensions Fund Authority: finance. |
| | "levying bodies regulations" means regulations (at the passing of this Act, the Levying Bodies (General) Regulations 1992)-- | S.I. 1992/2903. |
| | (a) made under section 74(2) of the Local Government Finance Act 1988; and
(b) having effect in relation to the LPFA by reason of a levying power which the LPFA would have, apart from section 117 of that Act;
| 1988 c. 41. |
| | "levying power" means a power to make a levy conferred by or under any Act other than the Local Government Finance Act 1988 (at the passing of this Act, the power conferred by article 4 of the London Government Reorganisation (Pensions etc.) Order 1989);
"net expenditure", in relation to the LPFA, means all expenditure and costs incurred by the LPFA less receipts (if any), but excluding--
(a) any expenditure or costs payable out of, or
(b) any receipts which fall to be credited to,
| 1988 c. 41.
S.I. 1989/1815. |
| | the superannuation fund maintained by the LPFA under regulations under section 7 of the Sperannuation Act 1972. | |
| | (4) This section has effect in relation to financial years beginning on or after 1st April 2001.") | 1972 c. 11. |
| |
Clause 351 | |
| |
BY THE LORD WHITTY | |
| 564 |
Page 192, line 26, leave out ("Corporation of London") and insert ("Common Council") | |
| 564A |
Page 192, line 29, at end insert--
("( ) any Minister of the Crown or government department;") | |
| 565 |
Page 192, line 35, leave out ("Corporation of London") and insert ("Common Council") | |
| 565A |
Page 193, line 12, at end insert--
("( ) To the extent that an order under subsection (1) above makes provision for or in connection with the transfer of property, rights or liabilities to the London Development Agency from--
(a) the Urban Regeneration Agency, or
(b) the Commission for the New Towns, | |
| | section 38 of the Regional Development Agencies Act 1998 (relief from Corporation Tax) shall apply in relation to the order as if it were a transfer scheme within the meaning of that section.") | 1998 c. 45. |
| |
Clause 352 | |
| |
BY THE LORD WHITTY | |
| 565B |
Page 193, line 37, at end insert--
("( ) To the extent that a scheme under subsection (1) or (2) above makes provision for or in connection with the transfer of property, rights or liabilities to the London Development Agency from--
(a) the Urban Regeneration Agency, or
(b) the Commission for the New Towns, | |
| | section 38 of the Regional Development Agencies Act 1998 (relief from Corporation Tax) shall apply in relation to the scheme as if it were a transfer scheme within the meaning of that section.") | 1998 c. 45. |
| |
Clause 354 | |
| |
BY THE LORD WHITTY | |
| 566 |
Page 195, line 25, at end insert--
("( ) the Mayor or an Assembly member,") | |
| 566A* |
Page 195, line 33, at end insert--
("( ) An order under subsection (1) above which makes provision by virtue of subsection (3)(b) above in relation to persons who are or have been employees of the Metropolitan Police Authority shall only be made--
(a) after consultation with the Metropolitan Police Authority, and
(b) with the consent of the Minister for the Civil Service.") | |
| |
Clause 356 | |
| |
BY THE LORD WHITTY | |
| 567 |
Page 198, line 8, leave out ("done by") and insert ("made or done by or in relation to") | |
| 568 |
Page 198, line 12, leave out ("done by") and insert ("made or done by or in relation to") | |
| 569 |
Page 198, line 18, after ("anything") insert ("made or") | |
| 570 |
Page 198, line 20, after ("been") insert ("made or") | |
| |
After Clause 356 | |
| |
BY THE LORD WHITTY | |
| 570VA |
Insert the following new Clause-- | |
| | (" .--(1) Neither stamp duty nor stamp duty reserve tax shall be chargeable on, or in respect of,--
(a) a transfer instrument;
(b) an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as made in pursuance of a transfer instrument; or
(c) an instrument or agreement which is certified to the Commissioners of Inland Revenue by a Minister of the Crown as giving effect to a preparatory reorganisation, to the extent that the instrument or agreement is so certified.
(2) No instrument or agreement which is certified as mentioned in paragraph (b) or (c) of subsection (1) above shall be taken to be duly stamped unless--
(a) it is stamped with the duty to which it would, but for that subsection, be liable; or | Stamp duty and stamp duty reserve tax. |
| | (b) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped. | 1891 c. 39. |
| | (3) Section 12 of the Finance Act 1895 shall not operate to require--
(a) the delivery to the Inland Revenue of a copy of this Act, or
(b) the payment of stamp duty under that section on any copy of this Act,
and shall not apply in relation to any instrument on which, by virtue of subsection (1) above, stamp duty is not chargeable.
(4) In subsection (1) above, "transfer instrument" means--
(a) an order under section 351 or 354 above; or
(b) a scheme under section 352 above.
(5) In subsection (1) above "preparatory reorganisation" means the transfer of property, rights and liabilities--
(a) from London Regional Transport to any of its subsidiaries,
(b) from a subsidiary of London Regional Transport to London Regional Transport,
(c) from a subsidiary of London Regional Transport to another such subsidiary, or
(d) from a Minister of the Crown to London Regional Transport or any of its subsidiaries,
preparatory to any provision made or to be made by or under this Act.") | 1895 c. 16. |
| 570WA |
Insert the following new Clause-- | |
| | (" .--(1) Section 64 of the London Regional Transport Act 1984 (stamp duty) shall be amended as follows.
(2) In subsection (7)(a) (which, among other things, provides an exemption in relation to transfers in pursuance of a scheme made under section 9(6) in compliance with a direction of the Secretary of State under section 10)--
(a) after "or to a transfer made in pursuance of" there shall be inserted ", or otherwise in connection with,";
(b) after "section 9(6) of this Act" there shall be inserted "(i)"; and
(c) after "under section 10 of this Act; or" there shall be inserted--
"(ii) in preparation for, or in pursuance of, a PPP agreement, within the meaning of Chapter VII of Part IV of the Greater London Authority Act 1999 or a contract falling within paragraph 6(2) of Schedule (Taxation provisions) to that Act; or".
(3) After subsection (7) there shall be inserted--
"(7A) Any reference in subsection (7)(a) above to a transfer includes--
(a) a reference to an agreement for a lease or underlease; and
(b) a reference to the grant of a lease or underlease."")
| Stamp duty: instruments under London Regional Transport Act 1984.
1984 c. 32. |
| 570XA |
Insert the following new Clause-- | |
| | (" .--(1) The following bodies, namely--
(a) Transport for London,
(b) the Metropolitan Police Authority, and
(c) the London Fire and Emergency Planning Authority,
shall each be treated as a local authority for the purposes of the enactments mentioned in subsection (2) below.
(2) The enactments are-- | Taxation. |
| | (a) section 519 of the Income and Corporation Taxes Act 1988 (exemption of local authorities from income and corporation taxes); and | 1988 c. 1. |
| | (b) section 271 of the Taxation of Chargeable Gains Act 1992 (exemption of local authorities from capital gains tax). | 1992 c. 12. |
| | (3) In sections 170 to 181 of the Taxation of Chargeable Gains Act 1992 (groups of companies) references to a company do not apply to Transport for London.
(4) Schedule (Taxation provisions) to this Act (which makes further provision about taxation) shall have effect.") | 1992 c. 12. |
| |
Clause 357 | |
| |
BY THE LORD WHITTY | |
| 570YA |
Page 198, line 43, at end insert--
("(c) section (Organisation of probation service in Greater London)(1) above, or") | |
| 570ZA |
Page 199, line 5, after ("section") insert ("(Organisation of probation service in Greater London)(1) or") | |
| 570A |
Page 199, line 34, at end insert--
("Paragraph 8A of Schedule 13;") | |
| 571 |
[Renumbered as 573A] | |
| 572 |
Page 199, line 38, at end insert--
(" section (Limit on salaries of members of other public bodies);") | |
| 573 |
Page 199, line 39, at end insert--
("section (Restriction on exercise of certain powers other than through a limited company);") | |
| 573A |
Page 199, leave out line 42 | |
| 573B |
Page 199, line 43, at end insert--
("section (Restrictions on disclosure of information)(4);") | |
| 573C |
Page 199, line 43, at end insert--
("section (Organisation of probation service in Greater London)(1);") | |
| 574 |
Page 200, line 5, at end insert--
("paragraph 7(3) of Schedule (Transport for London transfer schemes);") | |
