Greater London Authority Bill

House of Lords

Session 1998-99
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Greater London Authority Bill

A
B I L L
[AS AMENDED ON REPORT]
TO
Establish and make provision about the Greater London Authority, the Mayor of London and the London Assembly; to make provision in relation to London borough councils and the Common Council of the City of London with respect to matters consequential on the establishment of the Greater London Authority; to make provision with respect to the functions of other local authorities and statutory bodies exercising functions in Greater London; to make provision about transport and road traffic in and around Greater London; to make provision about policing in Greater London and to make an adjustment of the metropolitan police district; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

VOLUME I

PART I

THE GREATER LONDON AUTHORITY

The Authority

The Authority.     1. - (1) There shall be an authority for Greater London, to be known as the Greater London Authority.

    (2) The Authority shall be a body corporate.

    (3) The Authority shall have the functions which are transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act.

Membership

Membership of the Authority and the Assembly.     2. - (1) The Authority shall consist of-

(a) the Mayor of London; and

(b) an Assembly for London, to be known as the London Assembly.

    (2) The Assembly shall consist of twenty five members, of whom-

(a) fourteen shall be members for Assembly constituencies ("constituency members"); and

(b) eleven shall be members for the whole of Greater London ("London members").

    (3) There shall be one constituency member for each Assembly constituency.

    (4) The Assembly constituencies shall be the areas, and shall be known by the names, specified in an order made by the Secretary of State.

    (5) Schedule 1 to this Act (which makes further provision about Assembly constituencies and orders under subsection (4) above) shall have effect.

    (6) The Mayor and the Assembly members shall be returned in accordance with the provision made in or by virtue of this Act for-

(a) the holding of ordinary elections of the Mayor, the constituency members and the London members;

(b) the filling of vacancies in the office of Mayor or among the constituency members or the London members; and

(c) the holding of an election for Mayor for London in the event of a vote of no confidence in accordance with section 14(c) below.

    (7) An ordinary election involves the holding of-

(a) an election for the return of the Mayor;

(b) an election for the return of the London members; and

(c) elections for the return of the constituency members.

    (8) The term of office of the Mayor and Assembly members returned at an ordinary election shall-

(a) begin on the second day after the day on which the last of the successful candidates at the ordinary election is declared to be returned; and

(b) end on the second day after the day on which the last of the successful candidates at the next ordinary election is declared to be returned;

but this subsection is subject to the other provisions of this Act and, in particular, to any provision made by order by virtue of subsection (4) of section 3 below.

    (9) If at any ordinary election the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the day on which the last of the successful candidates at the ordinary election is declared to be returned shall be determined for the purposes of subsection (8) above without regard to the return of the Assembly member for that Assembly constituency.

    (10) The validity of proceedings of the Assembly is not affected by any vacancy in its membership.

    (11) The validity of anything done by the Authority is not affected by any vacancy in the office of Mayor or any vacancy in the membership of the Assembly.

Ordinary elections

Time of ordinary elections.     3. - (1) The poll at the first ordinary election shall be held on 4th May 2000 or such later date as the Secretary of State may by order provide.

    (2) The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.

    (3) Subsection (2) above is subject to any order made by virtue of section 37(2) of the Representation of the People Act 1983 (power by order to fix a day other than the first Thursday in May).

    (4) As respects the first ordinary election, the Secretary of State may by order make provision-

(a) modifying section 2(8) above in relation to the Mayor and Assembly members returned at that election;

(b) for the returning officer at the election of the Mayor and the election of the London members to be a person, or a person of a description, designated in the order (instead of the person specified in section 35(2C) of the Representation of the People Act 1983);

(c) for and in connection with modifying the entitlement to vote or the registration of electors, or with respect to the registers (or parts of registers) of electors to be used;

(d) for or in connection with enabling electors to vote in the poll at such polling stations or other places as may be prescribed, at such times as may be prescribed, on such one or more days preceding the date specified in or provided under subsection (1) above for the poll as may be specified in the order.

    (5) The provision that may be made by an order under paragraph (d) of subsection (4) above includes provision for such enactments or statutory instruments as may be specified in the order to have effect with such modifications as may be so specified.

    (6) In this section "prescribed" means specified in, or determined in accordance with, an order under this section.

Voting at ordinary elections.     4. - (1) Each person entitled to vote as an elector at an ordinary election shall have the following votes-

(a) one vote (referred to in this Part as a mayoral vote) which may be given for a candidate to be the Mayor;

(b) one vote (referred to in this Part as a constituency vote) which may be given for a candidate to be the Assembly member for the Assembly constituency; and

(c) one vote (referred to in this Part as a London vote) which may be given in accordance with subsection (5) below.

    (2) The Mayor shall be returned under the simple majority system, unless there are three or more candidates.

    (3) If there are three or more candidates to be the Mayor-

(a) the Mayor shall be returned under the supplementary vote system in accordance with Part I of Schedule 2 to this Act; and

(b) a voter's mayoral vote shall accordingly be a supplementary vote, that is to say, a vote capable of being given to indicate the voter's first and second preferences from among the candidates.

    (4) The Assembly member for an Assembly constituency shall be returned under the simple majority system.

    (5) A London vote may be given for-

(a) a registered political party which has submitted a list of candidates to be London members; or

(b) an individual who is a candidate to be a London member.

    (6) The London members shall be returned in accordance with Part II of Schedule 2 to this Act.

    (7) The persons who are to be returned as-

(a) the Mayor, and

(b) the constituency members,

must be determined before it is determined who are to be returned as the London members.

    (8) But if the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the persons who are to be returned as the London members shall be determined without regard to the determination of the Assembly member for that Assembly constituency.

    (9) At an ordinary election, a person may not be a candidate to be the Assembly member for more than one Assembly constituency.

    (10) If the person who is returned as the Mayor is also returned as an Assembly member for an Assembly constituency, a vacancy shall arise in the Assembly constituency.

    (11) In this Part "registered political party" means a party registered under the Registration of Political Parties Act 1998.

Vacancies in the Assembly

Resignation.     5. - (1) An Assembly member may at any time resign his membership of the Assembly by giving notice to the proper officer of the Authority.

    (2) Any such resignation shall take effect on the officer's receipt of the notice.

Failure to attend meetings.     6. - (1) If an Assembly member fails, throughout a period of six consecutive months from his last attendance, to attend any meeting of the Assembly, he shall cease to be a member of the Assembly.

    (2) A person shall not cease to be a member by virtue of subsection (1) above if the failure to attend is due to some reason approved by the Assembly before the expiry of that period.

    (3) For the purposes of this section, an Assembly member shall be deemed to have attended a meeting of the Assembly on any occasion on which he attended-

(a) as a member at a meeting of any committee or sub-committee of the Assembly; or

(b) as a representative of the Assembly or the Authority at a meeting of any body of persons.

    (4) A person shall not cease to be a member of the Assembly by reason only of a failure to attend meetings of the Assembly if-

(a) he is a member of any branch of Her Majesty's naval, military or air forces and is at the time employed during war or any emergency on any naval, military or air force service, or

(b) he is a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence,

and the failure to attend is due to that employment.

Declaration of vacancy in certain cases.     7. Where an Assembly member-

(a) ceases to be qualified to be a member of the Assembly, or

(b) becomes disqualified from being a member otherwise than-

(i) under the Audit Commission Act 1998,

(ii) by virtue of a conviction, or

(iii) by virtue of a breach of any provision of Part II of the Representation of the People Act 1983, or

(c) ceases to be a member of the Assembly by reason of failure to attend meetings of the Assembly,

the proper officer of the Authority shall forthwith declare the member's office to be vacant, unless it has been declared vacant by the High Court.

Election of member as Mayor.     8. If the person who is returned at an election under section 16 below to fill a vacancy in the office of Mayor is an Assembly member, a vacancy shall arise-

(a) if he is a member for an Assembly constituency, in that Assembly constituency; or

(b) if he is a London member, in his office as a London member.

Date of casual vacancies.     9. - (1) For the purpose of filling a casual vacancy in the membership of the Assembly, the date on which a vacancy is to be regarded as occurring shall be-

(a) in the case of any person being returned-

(i) at an ordinary election, as the Mayor and also as the Assembly member for an Assembly constituency, or

(ii) at an election under section 16 below to fill a vacancy in the office of Mayor when he is an Assembly member,

on the date on which he is returned as the Mayor or, as the case may be, to fill the vacancy in that office;

(b) in the case of any person being returned as mentioned in section 16(10) below, on the date on which he is returned to fill the vacancy in the Assembly constituency;

(c) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

(d) in the case of resignation, upon the receipt of the notice of resignation by the proper officer of the Authority;

(e) in the case of death, on the date of death;

(f) in the case of disqualification under the Audit Commission Act 1998 or by virtue of a conviction-

(i) on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant order or decision under that Act or (as the case may be) that conviction, or

(ii) if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution;

(g) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

(h) in the case of a person-

(i) ceasing to be qualified to be an Assembly member, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (g) above, or

(ii) ceasing to be an Assembly member by reason of failure to attend meetings,

on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority as the case may be.

    (2) The proper officer of the Authority shall-

(a) give written notice of any casual vacancy among the London members to the Greater London returning officer; and

(b) give public notice of any casual vacancy among the constituency members.

    (3) Any public notice under subsection (2)(b) above shall be given-

(a) by posting the notice in some conspicuous place or places in the Assembly constituency concerned; and

(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.

    (4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded under subsection (1) above as occurring.

© Parliamentary copyright 1999
Prepared 27 October 1999

Greater London Authority Bill

	A B I L L [AS AMENDED ON REPORT] TO Establish and make provision about the Greater London Authority, the Mayor of London and the London Assembly; to make provision in relation to London borough councils and the Common Council of the City of London with respect to matters consequential on the establishment of the Greater London Authority; to make provision with respect to the functions of other local authorities and statutory bodies exercising functions in Greater London; to make provision about transport and road traffic in and around Greater London; to make provision about policing in Greater London and to make an adjustment of the metropolitan police district; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
	VOLUME I
	PART I
	THE GREATER LONDON AUTHORITY
	The Authority
The Authority.	1. - (1) There shall be an authority for Greater London, to be known as the Greater London Authority.
	(2) The Authority shall be a body corporate.
	(3) The Authority shall have the functions which are transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act.
	Membership
Membership of the Authority and the Assembly.	2. - (1) The Authority shall consist of-
	(a) the Mayor of London; and
	(b) an Assembly for London, to be known as the London Assembly.
	(2) The Assembly shall consist of twenty five members, of whom-
	(a) fourteen shall be members for Assembly constituencies ("constituency members"); and
	(b) eleven shall be members for the whole of Greater London ("London members").
	(3) There shall be one constituency member for each Assembly constituency.
	(4) The Assembly constituencies shall be the areas, and shall be known by the names, specified in an order made by the Secretary of State.
	(5) Schedule 1 to this Act (which makes further provision about Assembly constituencies and orders under subsection (4) above) shall have effect.
	(6) The Mayor and the Assembly members shall be returned in accordance with the provision made in or by virtue of this Act for-
	(a) the holding of ordinary elections of the Mayor, the constituency members and the London members;
	(b) the filling of vacancies in the office of Mayor or among the constituency members or the London members; and
	(c) the holding of an election for Mayor for London in the event of a vote of no confidence in accordance with section 14(c) below.
	(7) An ordinary election involves the holding of-
	(a) an election for the return of the Mayor;
	(b) an election for the return of the London members; and
	(c) elections for the return of the constituency members.
	(8) The term of office of the Mayor and Assembly members returned at an ordinary election shall-
	(a) begin on the second day after the day on which the last of the successful candidates at the ordinary election is declared to be returned; and
	(b) end on the second day after the day on which the last of the successful candidates at the next ordinary election is declared to be returned;
	but this subsection is subject to the other provisions of this Act and, in particular, to any provision made by order by virtue of subsection (4) of section 3 below.
	(9) If at any ordinary election the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the day on which the last of the successful candidates at the ordinary election is declared to be returned shall be determined for the purposes of subsection (8) above without regard to the return of the Assembly member for that Assembly constituency.
	(10) The validity of proceedings of the Assembly is not affected by any vacancy in its membership.
	(11) The validity of anything done by the Authority is not affected by any vacancy in the office of Mayor or any vacancy in the membership of the Assembly.
	Ordinary elections
Time of ordinary elections.	3. - (1) The poll at the first ordinary election shall be held on 4th May 2000 or such later date as the Secretary of State may by order provide.
	(2) The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.
	(3) Subsection (2) above is subject to any order made by virtue of section 37(2) of the Representation of the People Act 1983 (power by order to fix a day other than the first Thursday in May).
	(4) As respects the first ordinary election, the Secretary of State may by order make provision-
	(a) modifying section 2(8) above in relation to the Mayor and Assembly members returned at that election;
	(b) for the returning officer at the election of the Mayor and the election of the London members to be a person, or a person of a description, designated in the order (instead of the person specified in section 35(2C) of the Representation of the People Act 1983);
	(c) for and in connection with modifying the entitlement to vote or the registration of electors, or with respect to the registers (or parts of registers) of electors to be used;
	(d) for or in connection with enabling electors to vote in the poll at such polling stations or other places as may be prescribed, at such times as may be prescribed, on such one or more days preceding the date specified in or provided under subsection (1) above for the poll as may be specified in the order.
	(5) The provision that may be made by an order under paragraph (d) of subsection (4) above includes provision for such enactments or statutory instruments as may be specified in the order to have effect with such modifications as may be so specified.
	(6) In this section "prescribed" means specified in, or determined in accordance with, an order under this section.
Voting at ordinary elections.	4. - (1) Each person entitled to vote as an elector at an ordinary election shall have the following votes-
	(a) one vote (referred to in this Part as a mayoral vote) which may be given for a candidate to be the Mayor;
	(b) one vote (referred to in this Part as a constituency vote) which may be given for a candidate to be the Assembly member for the Assembly constituency; and
	(c) one vote (referred to in this Part as a London vote) which may be given in accordance with subsection (5) below.
	(2) The Mayor shall be returned under the simple majority system, unless there are three or more candidates.
	(3) If there are three or more candidates to be the Mayor-
	(a) the Mayor shall be returned under the supplementary vote system in accordance with Part I of Schedule 2 to this Act; and
	(b) a voter's mayoral vote shall accordingly be a supplementary vote, that is to say, a vote capable of being given to indicate the voter's first and second preferences from among the candidates.
	(4) The Assembly member for an Assembly constituency shall be returned under the simple majority system.
	(5) A London vote may be given for-
	(a) a registered political party which has submitted a list of candidates to be London members; or
	(b) an individual who is a candidate to be a London member.
	(6) The London members shall be returned in accordance with Part II of Schedule 2 to this Act.
	(7) The persons who are to be returned as-
	(a) the Mayor, and
	(b) the constituency members,
	must be determined before it is determined who are to be returned as the London members.
	(8) But if the poll at the election of an Assembly member for an Assembly constituency is countermanded or abandoned for any reason, the persons who are to be returned as the London members shall be determined without regard to the determination of the Assembly member for that Assembly constituency.
	(9) At an ordinary election, a person may not be a candidate to be the Assembly member for more than one Assembly constituency.
	(10) If the person who is returned as the Mayor is also returned as an Assembly member for an Assembly constituency, a vacancy shall arise in the Assembly constituency.
	(11) In this Part "registered political party" means a party registered under the Registration of Political Parties Act 1998.
	Vacancies in the Assembly
Resignation.	5. - (1) An Assembly member may at any time resign his membership of the Assembly by giving notice to the proper officer of the Authority.
	(2) Any such resignation shall take effect on the officer's receipt of the notice.
Failure to attend meetings.	6. - (1) If an Assembly member fails, throughout a period of six consecutive months from his last attendance, to attend any meeting of the Assembly, he shall cease to be a member of the Assembly.
	(2) A person shall not cease to be a member by virtue of subsection (1) above if the failure to attend is due to some reason approved by the Assembly before the expiry of that period.
	(3) For the purposes of this section, an Assembly member shall be deemed to have attended a meeting of the Assembly on any occasion on which he attended-
	(a) as a member at a meeting of any committee or sub-committee of the Assembly; or
	(b) as a representative of the Assembly or the Authority at a meeting of any body of persons.
	(4) A person shall not cease to be a member of the Assembly by reason only of a failure to attend meetings of the Assembly if-
	(a) he is a member of any branch of Her Majesty's naval, military or air forces and is at the time employed during war or any emergency on any naval, military or air force service, or
	(b) he is a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence,
	and the failure to attend is due to that employment.
Declaration of vacancy in certain cases.	7. Where an Assembly member-
	(a) ceases to be qualified to be a member of the Assembly, or
	(b) becomes disqualified from being a member otherwise than-
	(i) under the Audit Commission Act 1998,
	(ii) by virtue of a conviction, or
	(iii) by virtue of a breach of any provision of Part II of the Representation of the People Act 1983, or
	(c) ceases to be a member of the Assembly by reason of failure to attend meetings of the Assembly,
	the proper officer of the Authority shall forthwith declare the member's office to be vacant, unless it has been declared vacant by the High Court.
Election of member as Mayor.	8. If the person who is returned at an election under section 16 below to fill a vacancy in the office of Mayor is an Assembly member, a vacancy shall arise-
	(a) if he is a member for an Assembly constituency, in that Assembly constituency; or
	(b) if he is a London member, in his office as a London member.
Date of casual vacancies.	9. - (1) For the purpose of filling a casual vacancy in the membership of the Assembly, the date on which a vacancy is to be regarded as occurring shall be-
	(a) in the case of any person being returned-
	(i) at an ordinary election, as the Mayor and also as the Assembly member for an Assembly constituency, or
	(ii) at an election under section 16 below to fill a vacancy in the office of Mayor when he is an Assembly member,
	on the date on which he is returned as the Mayor or, as the case may be, to fill the vacancy in that office;
	(b) in the case of any person being returned as mentioned in section 16(10) below, on the date on which he is returned to fill the vacancy in the Assembly constituency;
	(c) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;
	(d) in the case of resignation, upon the receipt of the notice of resignation by the proper officer of the Authority;
	(e) in the case of death, on the date of death;
	(f) in the case of disqualification under the Audit Commission Act 1998 or by virtue of a conviction-
	(i) on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant order or decision under that Act or (as the case may be) that conviction, or
	(ii) if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution;
	(g) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;
	(h) in the case of a person-
	(i) ceasing to be qualified to be an Assembly member, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (g) above, or
	(ii) ceasing to be an Assembly member by reason of failure to attend meetings,
	on the date on which his office is declared to have been vacated either by the High Court or by the proper officer of the Authority as the case may be.
	(2) The proper officer of the Authority shall-
	(a) give written notice of any casual vacancy among the London members to the Greater London returning officer; and
	(b) give public notice of any casual vacancy among the constituency members.
	(3) Any public notice under subsection (2)(b) above shall be given-
	(a) by posting the notice in some conspicuous place or places in the Assembly constituency concerned; and
	(b) in such other manner, if any, as the officer considers desirable for giving publicity to the notice.
	(4) Any notice under subsection (2) above shall be given as soon as practicable after the date on which the vacancy is to be regarded under subsection (1) above as occurring.