House of Lords Amendments - Greater London Authority Bill

House of Lords

Session 1998-99
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Amendments to the Greater London Authority Bill

Greater London Authority Bill -
Amendments to be debated in the House of Lords
Here you can browse the Second Marshalled List of Amendments to the Greater London Authority Bill to be moved on Report in the House of Lords.

The amendments have been marshalled in accordance with the Order of 30th July 1999, as follows--

Clauses 33 to 73
Schedule 5
Clauses 74 to 84
Schedule 6
Clauses 85 to 119
Schedule 7
Clauses 120 to 139
Schedule 8
Clauses 140 and 141
Schedule 9
Clauses 142 to 194
Schedules 10 and 11
Clauses 195 to 212
Schedule 12
Clauses 213 to 216
Schedule 13
Clauses 217 and 218
Schedule 14
Clauses 219 to 221
Schedule 15
Clause 222
Schedule 16 Clause 223
Schedule 17
Clauses 224 to 254
Schedule 18
Clause 255
Schedule 19
Clauses 256 to 268
Schedule 20
Clause 269
Schedule 21
Clauses 270 to 285
Schedule 22
Clause 286
Schedules 23 and 24
Clauses 287 to 328
Schedule 25
Clauses 329 to 352
Schedule 26
Clauses 353 to 360
Schedule 27
Clauses 361 and 362

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 33

BY THE LORD WHITTY

113      Page 20, line 32, at end insert--

        2 ("(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--

         9
(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.")

[Amendments 113A to 114A are amendments to Amendment 113]
BY THE BARONESS HAMWEE
THE LORD TOPE

113A      Line 2, after second ("time") insert ("after consulting the bodies and persons specified in section 34")

113B      Line 2, after ("set") insert ("and monitor")

BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON

114      Line 9, at end insert ("and
(c)  any views expressed by the Assembly")

BY THE BARONESS HAMWEE
THE LORD TOPE

114A      Line 9, at end insert ("and
(c)  any performance indicators or targets set by any London borough council or the Common Council to the extent they relate to the implementation of the strategy;")

Clause 34

BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH

115      Page 20, line 44, after ("Council,") insert--
("(  )  such organisations representative of business of all sizes as the Mayor considers appropriate having regard to the impact of his strategies on the interests of business and commerce,")

BY THE BARONESS HAMWEE
THE LORD TOPE

116      Page 21, line 19, leave out ("he considers") and insert ("he and the Assembly consider")

Clause 35

BY THE LORD WHITTY

117      Page 21, line 24, after first ("to") insert ("the current version of")

BY THE BARONESS HAMWEE
THE LORD TOPE

118      Page 21, line 24, after ("strategy") insert ("and the draft of each strategy")

BY THE LORD WHITTY

119      Page 21, line 24, at end insert--

    ("(  )  The Mayor shall send to the Common Council and to each London borough council a copy of the current version of each strategy mentioned in section 33(1) above.")

120      Page 21, line 25, after ("of") insert ("the current version of")

121      Page 21, line 25, leave out ("strategy mentioned in section 33(1) above") and insert ("such strategy")

122      Page 21, line 26, leave out ("for the appropriate period")

123      Page 21, line 27, after ("Authority") insert (", and
(b)  at such other places as the Mayor considers appropriate,")

124      Page 21, line 29, after first ("of") insert ("the current version of")

125      Page 21, line 30, leave out ("during the appropriate period")

BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH

126      Page 21, line 31, at end insert--

    ("(  )  The Mayor shall send a copy of each strategy to each of the London boroughs and to the Common Council to enable each of those bodies to make the documents available to their councillors and if they so desire to residents and businesses in the area.")

127      Page 21, line 31, at end insert--

    ("(  )  A copy of each such strategy shall be made freely available to anyone visiting during the appropriate period a public internet website to be established and maintained by the Authority.")

BY THE LORD WHITTY

128      Page 21, line 32, leave out subsection (4)

129      Page 21, line 33, at end insert--

    ("(  )  Any reference in this section to "the current version" of a strategy or part of a strategy is a reference--
(a)  in the case of the spatial development strategy, to that strategy as last published, whether originally or by way of replacement, and to any published alteration thereof for the time being having effect; and

(b)  in the case of any other strategy, to that strategy as last published, whether originally or as revised.")

BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE BARONESS MILLER OF HENDON

130      Page 21, line 33, at end insert--

    ("(5)  The Mayor shall maintain a Greater London Authority web-site on which he shall publish each strategy of the Authority established under section 33 and also publish any other documents that are published in any other way by the Authority.

    (6)  Nothing in this section affects the restriction requiring confidentiality for information in section 48 (2A) of this Act.")

After Clause 36

BY THE BARONESS HAMWEE
THE LORD CLEMENT-JONES
THE LORD REA

131      Insert the following new Clause--

    ("  .--(1)  The Mayor shall prepare and publish a document to be known for the purposes of this Act as the London public health report.

    (2)  The London public health report shall contain--
(a)  information about the state of public health in Greater London;

(b)  an assessment of the impact of the Mayor's strategies specified in section 33(1) above on the state of public health in Greater London;

(c)  information about the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of improving the health of persons in Greater London;

(d)  information about the measures which other persons or bodies have encouraged the Mayor to take for the purpose of improving the health of persons in Greater London.
    (3)  The London public health report shall be published--
(a)  in the case of the first London public health report, before the end of the period of three years beginning with the day of the first ordinary election;

(b)  in the case of each London public health report subsequent to the first, before the end of the period of four years beginning with the day on which the previous state of the public health report was published.")
London public health report.

Clause 37

BY THE LORD WHITTY

132      Page 22, line 2, after ("three") insert ("clear working")

133      Page 22, line 4, after ("three") insert ("clear working")

134      Page 22, line 20, at end insert--

    ("(3A)  The Mayor 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 asked at the meeting,
(subject, in either case, to subsection (4) below).

    (3B)  For the purposes of subsection (3A)(b) above, the day on which a question is asked at a meeting is--
(a)  in the case of an oral question, the day on which the question is first asked at the meeting; or

(b)  in the case of a written question, the day on which the question is first raised at the meeting.")

BY THE LORD DIXON-SMITH

134A      Page 22, line 20, at end insert--

    ("(  )  Also the Mayor must respond within a reasonable time in writing to any written question from an Assembly Member about matters relating to statutory functions which are exercisable by him.")

BY THE LORD WHITTY

135      Page 22, line 21, after ("(3)") insert ("or (3A)")

136      Page 22, line 23, at end insert--
("(b)  a functional body,

(c)  a member of a functional body, or

(d)  a member of staff of a functional body,
except as provided by subsection (5) below.

    (5)  Where--
(a)  the Mayor receives advice from a person falling within paragraph (b), (c) or (d) of subsection (4) above, and

(b)  the functional body mentioned in that paragraph is the Metropolitan Police Authority or the London Fire and Emergency Planning Authority,
the Mayor is not relieved by subsection (4) above from any requirement to disclose the advice, if or to the extent that the advice falls within subsection (6) below.

    (6)  Advice given to the Mayor by a functional body falls within this subsection if it has been disclosed--

(a)  at a meeting of, or of a committee or sub-committee of, the functional body at a time when the meeting was open to members of the public by virtue of Part VA of the Local Government Act 1972 (access to meetings and documents); or

(b)  in a document which has been open to inspection by members of the public by virtue of that Part of that Act.
    (7)  Any reference in this section to a member of staff of a functional body includes a reference to an officer or employee of that body.

    (8)  In this section "advice" includes--
(a)  an expression of opinion; and

(b)  an analysis of information.")
1972 c. 70.

137      Page 22, line 23, at end insert--

    ("(  )  For the purposes of this section, a day is a working day unless it is--
(a)  a Saturday or Sunday;

(b)  Christmas Eve, Christmas Day, Maundy Thursday or Good Friday;

(c)  a day which is a Bank Holiday in England under the Banking and Financial Dealings Act 1971; or

(d)  a day appointed for public thanksgiving or mourning.")
1971 c. 80.

Clause 38

BY THE LORD WHITTY

138

5      Page 22, line 31, at end insert--
("(  )  a statement of any targets for the time being in force under section 33(8A) above with respect to the implementation of those strategies and an assessment of the progress made by authorities involved in the implementation of those strategies towards achieving those targets;")

BY THE BARONESS HAMWEE
THE LORD TOPE
[As an amendment to Amendment 138]

138A      Line 5, after ("authorities") insert ("including the Authority")

BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH

139      Page 22, line 41, at end insert ("; and
(c)  shall send a copy to each of the London boroughs and to the Common Council and make it freely available to anyone visiting a public internet website to be established and maintained by the Authority.")

Clause 39

140      [Withdrawn]

BY THE LORD WHITTY

141      Page 23, line 8, leave out from ("meeting") to end of line 9 and insert ("under this section (in this section referred to as a "State of London debate") which shall be open to all members of the public.")

BY THE BARONESS HAMWEE
THE LORD TOPE

142      Page 23, line 8, leave out ("to be known as a "State of London debate"") and insert ("an annual public meeting")

BY THE LORD WHITTY

143      Page 23, line 9, at end insert--

    ("(  )  The form of, and procedure for, a State of London debate shall be such as the Mayor may determine after consultation with the Assembly, but must be such that there is an opportunity for members of the public to speak.

    (  )  The power to determine the form of, and procedure for, a State of London debate includes power to appoint a person to preside.

    (  )  Any person may be appointed to preside at a State of London debate, whether or not he has any connection with the Authority.

    (  )  A member of the public who attends or speaks at a State of London debate shall do so subject to and in accordance with the procedure for the State of London debate.")

BY THE BARONESS HAMWEE
THE LORD TOPE

144      Page 23, line 10, leave out ("A State of London debate") and insert ("An annual public meeting")

145      Page 23, line 16, leave out ("State of London debate") and insert ("annual public meeting")

Clause 40

BY THE LORD WHITTY

146      Page 23, line 22, leave out from ("meeting") to end of line 23 and insert ("under this section (in this section referred to as a "People's Question Time") which shall be open to all members of the public.")

BY THE BARONESS HAMWEE
THE LORD TOPE

147      Page 23, line 22, after ("public,") insert ("in this Act")

BY THE LORD WHITTY

148      Page 23, line 23, at end insert--

    ("(  )  The purpose of a People's Question Time is to afford an opportunity to members of the public to put questions to the Mayor and Assembly members and to enable the Mayor and Assembly members to respond.

         7     (  )  The form of, and procedure for, a People's Question Time shall be such as the Mayor may determine after consultation with the Assembly.

    (  )  The power to determine the form of, and procedure for, a People's Question Time includes power to appoint a person to preside.

    (  )  Any person may be appointed to preside at a People's Question Time, whether or not he has any connection with the Authority.

    (  )  A member of the public who attends or speaks at a People's Question Time shall do so subject to and in accordance with the procedure for the People's Question Time.")

BY THE BARONESS HAMWEE
THE LORD TOPE
[As an amendment to Amendment 148]

148A      Line 7, leave out from ("Mayor") to end of line and insert ("and Assembly shall agree")

BY THE LORD WHITTY

149      Page 23, line 25, leave out ("and") and insert (", after consultation with")

After Clause 40

BY THE BARONESS MILLER OF HENDON
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH

150      Insert the following new Clause--

    ("  .--(1)  The Authority shall make available at reasonable cost (or at no cost) copies of all public documents and minutes of the Authority and shall promptly make all such documents freely available to anyone visiting a public internet site to be maintained by the Authority during the appropriate period.

    (2)  In this section "the appropriate period" is the period of six years beginning with the original date of the document or minutes.") Publication of documents by Authority.

© Parliamentary copyright 1999
Prepared 13 October 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 33
	BY THE LORD WHITTY
113	Page 20, line 32, at end insert--
2	("(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--
9	(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.")
	[Amendments 113A to 114A are amendments to Amendment 113] BY THE BARONESS HAMWEE THE LORD TOPE
113A	Line 2, after second ("time") insert ("after consulting the bodies and persons specified in section 34")
113B	Line 2, after ("set") insert ("and monitor")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
114	Line 9, at end insert ("and (c) any views expressed by the Assembly")
	BY THE BARONESS HAMWEE THE LORD TOPE
114A	Line 9, at end insert ("and (c) any performance indicators or targets set by any London borough council or the Common Council to the extent they relate to the implementation of the strategy;")
	Clause 34
	BY THE BARONESS MILLER OF HENDON THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH
115	Page 20, line 44, after ("Council,") insert-- ("( ) such organisations representative of business of all sizes as the Mayor considers appropriate having regard to the impact of his strategies on the interests of business and commerce,")
	BY THE BARONESS HAMWEE THE LORD TOPE
116	Page 21, line 19, leave out ("he considers") and insert ("he and the Assembly consider")
	Clause 35
	BY THE LORD WHITTY
117	Page 21, line 24, after first ("to") insert ("the current version of")
	BY THE BARONESS HAMWEE THE LORD TOPE
118	Page 21, line 24, after ("strategy") insert ("and the draft of each strategy")
	BY THE LORD WHITTY
119	Page 21, line 24, at end insert-- ("( ) The Mayor shall send to the Common Council and to each London borough council a copy of the current version of each strategy mentioned in section 33(1) above.")
120	Page 21, line 25, after ("of") insert ("the current version of")
121	Page 21, line 25, leave out ("strategy mentioned in section 33(1) above") and insert ("such strategy")
122	Page 21, line 26, leave out ("for the appropriate period")
123	Page 21, line 27, after ("Authority") insert (", and (b) at such other places as the Mayor considers appropriate,")
124	Page 21, line 29, after first ("of") insert ("the current version of")
125	Page 21, line 30, leave out ("during the appropriate period")
	BY THE BARONESS MILLER OF HENDON THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH
126	Page 21, line 31, at end insert-- ("( ) The Mayor shall send a copy of each strategy to each of the London boroughs and to the Common Council to enable each of those bodies to make the documents available to their councillors and if they so desire to residents and businesses in the area.")
127	Page 21, line 31, at end insert-- ("( ) A copy of each such strategy shall be made freely available to anyone visiting during the appropriate period a public internet website to be established and maintained by the Authority.")
	BY THE LORD WHITTY
128	Page 21, line 32, leave out subsection (4)
129	Page 21, line 33, at end insert-- ("( ) Any reference in this section to "the current version" of a strategy or part of a strategy is a reference-- (a) in the case of the spatial development strategy, to that strategy as last published, whether originally or by way of replacement, and to any published alteration thereof for the time being having effect; and (b) in the case of any other strategy, to that strategy as last published, whether originally or as revised.")
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
130	Page 21, line 33, at end insert-- ("(5) The Mayor shall maintain a Greater London Authority web-site on which he shall publish each strategy of the Authority established under section 33 and also publish any other documents that are published in any other way by the Authority. (6) Nothing in this section affects the restriction requiring confidentiality for information in section 48 (2A) of this Act.")
	After Clause 36
	BY THE BARONESS HAMWEE THE LORD CLEMENT-JONES THE LORD REA
131	Insert the following new Clause--
	(" .--(1) The Mayor shall prepare and publish a document to be known for the purposes of this Act as the London public health report. (2) The London public health report shall contain-- (a) information about the state of public health in Greater London; (b) an assessment of the impact of the Mayor's strategies specified in section 33(1) above on the state of public health in Greater London; (c) information about the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of improving the health of persons in Greater London; (d) information about the measures which other persons or bodies have encouraged the Mayor to take for the purpose of improving the health of persons in Greater London. (3) The London public health report shall be published-- (a) in the case of the first London public health report, before the end of the period of three years beginning with the day of the first ordinary election; (b) in the case of each London public health report subsequent to the first, before the end of the period of four years beginning with the day on which the previous state of the public health report was published.")	London public health report.
	Clause 37
	BY THE LORD WHITTY
132	Page 22, line 2, after ("three") insert ("clear working")
133	Page 22, line 4, after ("three") insert ("clear working")
134	Page 22, line 20, at end insert-- ("(3A) The Mayor 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 asked at the meeting, (subject, in either case, to subsection (4) below). (3B) For the purposes of subsection (3A)(b) above, the day on which a question is asked at a meeting is-- (a) in the case of an oral question, the day on which the question is first asked at the meeting; or (b) in the case of a written question, the day on which the question is first raised at the meeting.")
	BY THE LORD DIXON-SMITH
134A	Page 22, line 20, at end insert-- ("( ) Also the Mayor must respond within a reasonable time in writing to any written question from an Assembly Member about matters relating to statutory functions which are exercisable by him.")
	BY THE LORD WHITTY
135	Page 22, line 21, after ("(3)") insert ("or (3A)")
136	Page 22, line 23, at end insert-- ("(b) a functional body, (c) a member of a functional body, or (d) a member of staff of a functional body, except as provided by subsection (5) below. (5) Where-- (a) the Mayor receives advice from a person falling within paragraph (b), (c) or (d) of subsection (4) above, and (b) the functional body mentioned in that paragraph is the Metropolitan Police Authority or the London Fire and Emergency Planning Authority, the Mayor is not relieved by subsection (4) above from any requirement to disclose the advice, if or to the extent that the advice falls within subsection (6) below. (6) Advice given to the Mayor by a functional body falls within this subsection if it has been disclosed--
	(a) at a meeting of, or of a committee or sub-committee of, the functional body at a time when the meeting was open to members of the public by virtue of Part VA of the Local Government Act 1972 (access to meetings and documents); or (b) in a document which has been open to inspection by members of the public by virtue of that Part of that Act. (7) Any reference in this section to a member of staff of a functional body includes a reference to an officer or employee of that body. (8) In this section "advice" includes-- (a) an expression of opinion; and (b) an analysis of information.")	1972 c. 70.
137	Page 22, line 23, at end insert-- ("( ) For the purposes of this section, a day is a working day unless it is-- (a) a Saturday or Sunday; (b) Christmas Eve, Christmas Day, Maundy Thursday or Good Friday;
	(c) a day which is a Bank Holiday in England under the Banking and Financial Dealings Act 1971; or (d) a day appointed for public thanksgiving or mourning.")	1971 c. 80.
	Clause 38
	BY THE LORD WHITTY
138 5	Page 22, line 31, at end insert-- ("( ) a statement of any targets for the time being in force under section 33(8A) above with respect to the implementation of those strategies and an assessment of the progress made by authorities involved in the implementation of those strategies towards achieving those targets;")
	BY THE BARONESS HAMWEE THE LORD TOPE [As an amendment to Amendment 138]
138A	Line 5, after ("authorities") insert ("including the Authority")
	BY THE BARONESS MILLER OF HENDON THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH
139	Page 22, line 41, at end insert ("; and (c) shall send a copy to each of the London boroughs and to the Common Council and make it freely available to anyone visiting a public internet website to be established and maintained by the Authority.")
	Clause 39

140	[Withdrawn]
	BY THE LORD WHITTY
141	Page 23, line 8, leave out from ("meeting") to end of line 9 and insert ("under this section (in this section referred to as a "State of London debate") which shall be open to all members of the public.")
	BY THE BARONESS HAMWEE THE LORD TOPE
142	Page 23, line 8, leave out ("to be known as a "State of London debate"") and insert ("an annual public meeting")
	BY THE LORD WHITTY
143	Page 23, line 9, at end insert-- ("( ) The form of, and procedure for, a State of London debate shall be such as the Mayor may determine after consultation with the Assembly, but must be such that there is an opportunity for members of the public to speak. ( ) The power to determine the form of, and procedure for, a State of London debate includes power to appoint a person to preside. ( ) Any person may be appointed to preside at a State of London debate, whether or not he has any connection with the Authority. ( ) A member of the public who attends or speaks at a State of London debate shall do so subject to and in accordance with the procedure for the State of London debate.")
	BY THE BARONESS HAMWEE THE LORD TOPE
144	Page 23, line 10, leave out ("A State of London debate") and insert ("An annual public meeting")
145	Page 23, line 16, leave out ("State of London debate") and insert ("annual public meeting")
	Clause 40
	BY THE LORD WHITTY
146	Page 23, line 22, leave out from ("meeting") to end of line 23 and insert ("under this section (in this section referred to as a "People's Question Time") which shall be open to all members of the public.")
	BY THE BARONESS HAMWEE THE LORD TOPE
147	Page 23, line 22, after ("public,") insert ("in this Act")
	BY THE LORD WHITTY
148	Page 23, line 23, at end insert-- ("( ) The purpose of a People's Question Time is to afford an opportunity to members of the public to put questions to the Mayor and Assembly members and to enable the Mayor and Assembly members to respond.
7	( ) The form of, and procedure for, a People's Question Time shall be such as the Mayor may determine after consultation with the Assembly.
	( ) The power to determine the form of, and procedure for, a People's Question Time includes power to appoint a person to preside. ( ) Any person may be appointed to preside at a People's Question Time, whether or not he has any connection with the Authority. ( ) A member of the public who attends or speaks at a People's Question Time shall do so subject to and in accordance with the procedure for the People's Question Time.")
	BY THE BARONESS HAMWEE THE LORD TOPE [As an amendment to Amendment 148]
148A	Line 7, leave out from ("Mayor") to end of line and insert ("and Assembly shall agree")
	BY THE LORD WHITTY
149	Page 23, line 25, leave out ("and") and insert (", after consultation with")
	After Clause 40
	BY THE BARONESS MILLER OF HENDON THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH
150	Insert the following new Clause--
	(" .--(1) The Authority shall make available at reasonable cost (or at no cost) copies of all public documents and minutes of the Authority and shall promptly make all such documents freely available to anyone visiting a public internet site to be maintained by the Authority during the appropriate period. (2) In this section "the appropriate period" is the period of six years beginning with the original date of the document or minutes.")	Publication of documents by Authority.