House of Lords Amendments - Greater London Authority Bill

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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 Third 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 105 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 105

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

318      Page 59, line 44, at end insert ("provided that no such payment may be directed to be made by a body until that body's debts have been fully repaid")

319      Page 60, line 24, at end insert--

    ("(  )  The anticipated percentage of the available capital receipts of each functional body that are to be paid to the Authority as specified in subsection (1) above shall be published by the Mayor in the capital spending plan prepared for that body under section 106 below.

    (  )  The amount paid out of available capital receipts to the Authority by that body during the year shall not exceed or be less than the amount stated in the Capital Spending Plan by more than 10 per cent of available capital receipts.")

Clause 106

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

320      Page 60, line 41, at end insert--

    ("(5)  The amount of any grant under this section, whether made by the Authority or by any of the functional bodies, shall first have been specified in the draft component budget of the component body making the payment prepared by the Mayor under section 73 and, where the payment is made by a functional body, in the capital spending plan prepared for that body under section 107 below.")

Clause 107

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

321      Page 61, line 12, at end insert--

    ("(5)  The amount of any grant under this section, whether made by the Authority or by any of the functional bodies, shall first have been specified in the draft component budget of the component body making the payment prepared by the Mayor under section 72.")

Clause 108

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

322      Page 61, line 28, at end insert ("and
(d)  the amounts which the functional body is expected to pay out of usable capital receipts to the Authority during the year under section 104 above.")

323      Page 61, line 31, leave out ("minimum") and insert ("estimated")

324      Page 61, line 33, at end insert--
("(  )  the estimated amount of grant which the Mayor has decided that the Authority is to pay to the body for the year out of capital receipts from other functional bodies under section 105 above;")

325      Page 62, line 10, at end insert ("including those made in accordance with sections 104 and 105 above")

326      Page 62, line 16, at end insert--

    ("(7)  Section E of a capital spending plan made for any financial year ("the relevant financial year") other than the first two financial years following the commencement of the Authority shall consist of--
(a)  a statement of--

    (i)  the amount of the body's total capital spending in the preceding financial year, and

    (ii)  the total amount of expenditure which the Mayor had expected the body to incur in the capital spending plan for the previous year; and

(b)  where, in subsection (7)(a) above, the amount in (i) exceeds the amount in (ii), statement of the reasons for this and the impact that this will have on future spending plans.")

Clause 109

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

327      Page 62, line 22, after ("Assembly") insert (", to each of the London borough councils, to the Common Council")

328      Page 62, line 33, after ("Assembly") insert (", to each of the London borough councils, to the Common Council")

329      Page 62, line 36, at end insert--

    ("( ) Members of the public shall be entitled to make copies of the capital spending plan and copying facilities shall be made available to them at reasonable charge.")

Clause 113

BY THE LORD WHITTY

330      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.")

331      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.")

332      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.")

333      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.")

334      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.

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

335      Leave out Clause 113 and insert the following new Clause--

    ("  .--(1)  The Authority shall--
(a)  make arrangements for the proper administration of its financial affairs, and

(b)  secure that one of its officers (its "chief finance officer") has responsibility for the administration of those affairs and for the oversight of the financial administration of the functional bodies.
    (2)  Every functional body shall--
(a)  make arrangements for the proper administration of its financial affairs, and

(b) secure that one of its officers (its "chief finance officer") has responsibility for the administration of those affairs.
    (3) In subsection (1)(b) and (2)(b) above, the reference to officers includes a reference to employees or members of staff and, in the case of Transport for London and the London Development Agency, includes a reference to members of the relevant Authority.") Proper financial administration.

Clause 116

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

336      Page 65, line 38, leave out from first ("the") to end of line 42 and insert ("Chairman of Transport for London or, in his absence, the Deputy Chairman of Transport for London".")

337      Page 66, line 9, at end insert--
    ("(4B)  In a case referred to in subsection (4A)(a) or (b) above the Mayor of London shall publish the report within 7 days of receiving it."")

Clause 117

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

338      Page 67, line 35, at end insert--

    ("(  )  Where the Assembly makes a recommendation at a meeting under subsection (3) above, the Mayor shall comply with that recommendation when making any decision under subsection (6) above.")

Schedule 7

BY THE LORD WHITTY

339      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.

340      Page 230, line 24, at end insert--
("(  )  the London Assembly; and")

Clause 120

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

341      Page 68, line 18, at end insert ("except to the extent that the Authority would be required to prepare a statement of accounts under any other enactment or under regulations made under any other enactment")

Before Clause 122

BY THE LORD WHITTY

342      Insert the following new Clause--

    ("  .--(1) In section 31(10)(a) of the Local Government Act 1999 (which refers to a provision of this Act which has since been renumbered) for "70(8)" there shall be substituted " 71(8)". Amendment of cross-references to provisions of Chapter I of this Part.
1999 c. 27.

    (2)  Schedule (Amendments to Local Government Finance Act 1992) to this Act (which contains amendments to the Local Government Finance Act 1992 correcting references to provisions of this Act which have since been renumbered) shall have effect.") 1992 c. 14.

Clause 126

BY THE LORD MORRIS OF MANCHESTER

342A      Page 70, line 6, at beginning insert ("Subject to subsections 254(4) and 255(3),")

BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD

342B      Page 70, line 7, after ("safe,") insert ("accessible,")

BY THE BARONESS HAMWEE
THE LORD TOPE
THE BARONESS THOMAS OF WALLISWOOD

343*      Page 70, line 8, at end insert--
("(  )  In developing and implementing policies in accordance with subsection (1) above the Mayor shall consult Transport for London as to its proposals to exercise borrowing powers pursuant to section 139(3A).")

BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD
THE VISCOUNT CRAIGAVON

343A      Page 70, line 14, after ("of") insert ("all")

344      Page 70, line 15, after ("London") insert (", including--
(i)  those required for the protection of vulnerable road users, and

(ii)  those required to promote interchange between different modes of transport")

Clause 127

BY THE LORD WHITTY

345      Page 70, line 25, after ("problems,") insert--
("(aa)  shall specify a timetable for the implementation of the proposals contained in the transport strategy by virtue of paragraph (a) above,")

346      Page 70, line 28, at end insert--

    ("(3A)  In preparing or revising the transport strategy the Mayor shall consult--
(a)  the Disabled Persons Transport Advisory Committee, and

(b)  such other persons or bodies which represent the interests of persons with mobility problems as he considers it appropriate to consult;
and this subsection is without prejudice to section 34 above.")

Clause 128

BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD

347      Page 70, line 36, leave out ("direct") and insert ("request")

348      Page 70, line 37, leave out ("direction") and insert ("request")

349      Page 70, line 38, leave out subsection (2)

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

350      Page 70, line 40, at end insert--

    ("(3)  No direction by the Secretary of State shall come into effect if it is rejected by a resolution of the Assembly.")

351      Leave out Clause 128

Clause 129

BY THE LORD WHITTY

351A      Page 71, line 12, at end insert--

    ("(4)  In exercising any functions in relation to the management of roads or traffic in a Royal Park in Greater London the Secretary of State shall have regard to the transport strategy.

    (5)  In this section "Royal Park" means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).") 1872 c. 15.
1926 c. 36.

Clause 137

BY THE LORD WHITTY

351B      Page 75, line 36, at end insert--

    ("(  )  Where the Mayor issues a direction to a London borough council under subsection (5) above, the council shall comply with the direction.")

Clause 138

BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD

352      Page 75, leave out lines 43 and 44

353      Page 76, leave out lines 4 and 5

354      Page 76, leave out lines 10 to 12

355      Page 76, leave out lines 13 and 14

356      Page 76, line 14, at end insert--

    ("(  )  The Mayor shall consult the Assembly prior to issuing directions under subsection (1) above.")

357      Page 76, line 21, at end insert--

    ("(  )  The Mayor shall consult a London borough council prior to issuing directions to it under subsection (1) above.")

Clause 139

BY THE LORD SWINFEN
THE BARONESS DARCY DE KNAYTH

358      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.")

BY THE BARONESS HAMWEE
THE BARONESS THOMAS OF WALLISWOOD

359      Page 76, line 38, at end insert--

    ("(3A)  Transport for London may, in addition to its powers as a local authority, and with the approval of the Mayor and Assembly, borrow money in the market for investing in improved transport in Greater London.")

© Parliamentary copyright 1999
Prepared 18 October 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 105
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
318	Page 59, line 44, at end insert ("provided that no such payment may be directed to be made by a body until that body's debts have been fully repaid")
319	Page 60, line 24, at end insert-- ("( ) The anticipated percentage of the available capital receipts of each functional body that are to be paid to the Authority as specified in subsection (1) above shall be published by the Mayor in the capital spending plan prepared for that body under section 106 below. ( ) The amount paid out of available capital receipts to the Authority by that body during the year shall not exceed or be less than the amount stated in the Capital Spending Plan by more than 10 per cent of available capital receipts.")
	Clause 106
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
320	Page 60, line 41, at end insert-- ("(5) The amount of any grant under this section, whether made by the Authority or by any of the functional bodies, shall first have been specified in the draft component budget of the component body making the payment prepared by the Mayor under section 73 and, where the payment is made by a functional body, in the capital spending plan prepared for that body under section 107 below.")
	Clause 107
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
321	Page 61, line 12, at end insert-- ("(5) The amount of any grant under this section, whether made by the Authority or by any of the functional bodies, shall first have been specified in the draft component budget of the component body making the payment prepared by the Mayor under section 72.")
	Clause 108
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
322	Page 61, line 28, at end insert ("and (d) the amounts which the functional body is expected to pay out of usable capital receipts to the Authority during the year under section 104 above.")
323	Page 61, line 31, leave out ("minimum") and insert ("estimated")
324	Page 61, line 33, at end insert-- ("( ) the estimated amount of grant which the Mayor has decided that the Authority is to pay to the body for the year out of capital receipts from other functional bodies under section 105 above;")
325	Page 62, line 10, at end insert ("including those made in accordance with sections 104 and 105 above")
326	Page 62, line 16, at end insert-- ("(7) Section E of a capital spending plan made for any financial year ("the relevant financial year") other than the first two financial years following the commencement of the Authority shall consist of-- (a) a statement of-- (i) the amount of the body's total capital spending in the preceding financial year, and (ii) the total amount of expenditure which the Mayor had expected the body to incur in the capital spending plan for the previous year; and (b) where, in subsection (7)(a) above, the amount in (i) exceeds the amount in (ii), statement of the reasons for this and the impact that this will have on future spending plans.")
	Clause 109
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
327	Page 62, line 22, after ("Assembly") insert (", to each of the London borough councils, to the Common Council")
328	Page 62, line 33, after ("Assembly") insert (", to each of the London borough councils, to the Common Council")
329	Page 62, line 36, at end insert-- ("( ) Members of the public shall be entitled to make copies of the capital spending plan and copying facilities shall be made available to them at reasonable charge.")
	Clause 113
	BY THE LORD WHITTY
330	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.")
331	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.")
332	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.")
333	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.")
334	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.
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
335	Leave out Clause 113 and insert the following new Clause--
	(" .--(1) The Authority shall-- (a) make arrangements for the proper administration of its financial affairs, and (b) secure that one of its officers (its "chief finance officer") has responsibility for the administration of those affairs and for the oversight of the financial administration of the functional bodies. (2) Every functional body shall-- (a) make arrangements for the proper administration of its financial affairs, and (b) secure that one of its officers (its "chief finance officer") has responsibility for the administration of those affairs. (3) In subsection (1)(b) and (2)(b) above, the reference to officers includes a reference to employees or members of staff and, in the case of Transport for London and the London Development Agency, includes a reference to members of the relevant Authority.")	Proper financial administration.
	Clause 116
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
336	Page 65, line 38, leave out from first ("the") to end of line 42 and insert ("Chairman of Transport for London or, in his absence, the Deputy Chairman of Transport for London".")
337	Page 66, line 9, at end insert-- ("(4B) In a case referred to in subsection (4A)(a) or (b) above the Mayor of London shall publish the report within 7 days of receiving it."")
	Clause 117
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
338	Page 67, line 35, at end insert-- ("( ) Where the Assembly makes a recommendation at a meeting under subsection (3) above, the Mayor shall comply with that recommendation when making any decision under subsection (6) above.")
	Schedule 7
	BY THE LORD WHITTY
339	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.
340	Page 230, line 24, at end insert-- ("( ) the London Assembly; and")
	Clause 120
	BY THE LORD BRABAZON OF TARA THE LORD DIXON-SMITH THE BARONESS MILLER OF HENDON
341	Page 68, line 18, at end insert ("except to the extent that the Authority would be required to prepare a statement of accounts under any other enactment or under regulations made under any other enactment")
	Before Clause 122
	BY THE LORD WHITTY
342	Insert the following new Clause--
	(" .--(1) In section 31(10)(a) of the Local Government Act 1999 (which refers to a provision of this Act which has since been renumbered) for "70(8)" there shall be substituted " 71(8)".	Amendment of cross-references to provisions of Chapter I of this Part. 1999 c. 27.
	(2) Schedule (Amendments to Local Government Finance Act 1992) to this Act (which contains amendments to the Local Government Finance Act 1992 correcting references to provisions of this Act which have since been renumbered) shall have effect.")	1992 c. 14.
	Clause 126
	BY THE LORD MORRIS OF MANCHESTER
342A	Page 70, line 6, at beginning insert ("Subject to subsections 254(4) and 255(3),")
	BY THE BARONESS HAMWEE THE BARONESS THOMAS OF WALLISWOOD
342B	Page 70, line 7, after ("safe,") insert ("accessible,")
	BY THE BARONESS HAMWEE THE LORD TOPE THE BARONESS THOMAS OF WALLISWOOD
343*	Page 70, line 8, at end insert-- ("( ) In developing and implementing policies in accordance with subsection (1) above the Mayor shall consult Transport for London as to its proposals to exercise borrowing powers pursuant to section 139(3A).")
	BY THE BARONESS HAMWEE THE BARONESS THOMAS OF WALLISWOOD THE VISCOUNT CRAIGAVON
343A	Page 70, line 14, after ("of") insert ("all")
344	Page 70, line 15, after ("London") insert (", including-- (i) those required for the protection of vulnerable road users, and (ii) those required to promote interchange between different modes of transport")
	Clause 127
	BY THE LORD WHITTY
345	Page 70, line 25, after ("problems,") insert-- ("(aa) shall specify a timetable for the implementation of the proposals contained in the transport strategy by virtue of paragraph (a) above,")
346	Page 70, line 28, at end insert-- ("(3A) In preparing or revising the transport strategy the Mayor shall consult-- (a) the Disabled Persons Transport Advisory Committee, and (b) such other persons or bodies which represent the interests of persons with mobility problems as he considers it appropriate to consult; and this subsection is without prejudice to section 34 above.")
	Clause 128
	BY THE BARONESS HAMWEE THE BARONESS THOMAS OF WALLISWOOD
347	Page 70, line 36, leave out ("direct") and insert ("request")
348	Page 70, line 37, leave out ("direction") and insert ("request")
349	Page 70, line 38, leave out subsection (2)
	BY THE LORD BRABAZON OF TARA THE BARONESS MILLER OF HENDON THE LORD DIXON-SMITH
350	Page 70, line 40, at end insert-- ("(3) No direction by the Secretary of State shall come into effect if it is rejected by a resolution of the Assembly.")
351	Leave out Clause 128
	Clause 129
	BY THE LORD WHITTY
351A	Page 71, line 12, at end insert-- ("(4) In exercising any functions in relation to the management of roads or traffic in a Royal Park in Greater London the Secretary of State shall have regard to the transport strategy.
	(5) In this section "Royal Park" means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).")	1872 c. 15. 1926 c. 36.
	Clause 137
	BY THE LORD WHITTY
351B	Page 75, line 36, at end insert-- ("( ) Where the Mayor issues a direction to a London borough council under subsection (5) above, the council shall comply with the direction.")
	Clause 138
	BY THE BARONESS HAMWEE THE BARONESS THOMAS OF WALLISWOOD
352	Page 75, leave out lines 43 and 44
353	Page 76, leave out lines 4 and 5
354	Page 76, leave out lines 10 to 12
355	Page 76, leave out lines 13 and 14
356	Page 76, line 14, at end insert-- ("( ) The Mayor shall consult the Assembly prior to issuing directions under subsection (1) above.")
357	Page 76, line 21, at end insert-- ("( ) The Mayor shall consult a London borough council prior to issuing directions to it under subsection (1) above.")
	Clause 139
	BY THE LORD SWINFEN THE BARONESS DARCY DE KNAYTH
358	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.")
	BY THE BARONESS HAMWEE THE BARONESS THOMAS OF WALLISWOOD
359	Page 76, line 38, at end insert-- ("(3A) Transport for London may, in addition to its powers as a local authority, and with the approval of the Mayor and Assembly, borrow money in the market for investing in improved transport in Greater London.")