Greater London Authority Bill

Greater London Authority Bill - continued	House of Lords

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	PART II
	GENERAL FUNCTIONS AND PROCEDURE
	The general and subsidiary powers of the Authority
The general power of the Authority.	30. - (1) The Authority shall have power to do anything which it considers will further any one or more of its principal purposes.
	(2) Any reference in this Act to the principal purposes of the Authority is a reference to the purposes of-
	(a) promoting economic development and wealth creation in Greater London;
	(b) promoting social development in Greater London; and
	(c) promoting the improvement of the environment in Greater London.
	(3) In determining whether or how to exercise the power conferred by subsection (1) above to further any one or more of its principal purposes, the Authority shall have regard to the desirability of so exercising that power as to-
	(a) further the remaining principal purpose or purposes, so far as reasonably practicable to do so; and
	(b) secure, over a period of time, a reasonable balance between furthering each of its principal purposes.
	(4) In determining whether or how to exercise the power conferred by subsection (1) above, the Authority shall have regard to the effect which the proposed exercise of the power would have on-
	(a) the health of persons in Greater London; and
	(b) the achievement of sustainable development in the United Kingdom.
	(5) Where the Authority exercises the power conferred by subsection (1) above, it shall do so in the way which it considers best calculated-
	(a) to promote improvements in the health of persons in Greater London, and
	(b) to contribute towards the achievement of sustainable development in the United Kingdom,
	except to the extent that the Authority considers that any action that would need to be taken by virtue of paragraph (a) or (b) above is not reasonably practicable in all the circumstances of the case.
	(6) In subsection (5)(a) above, the reference to promoting improvements in health includes a reference to mitigating any detriment to health which would otherwise be occasioned by the exercise of the power.
	(7) The Secretary of State may issue guidance to the Authority concerning the exercise by the Authority of the power conferred by subsection (1) above.
	(8) In deciding whether or how to exercise that power, the Authority shall have regard to any guidance issued under subsection (7) above.
	(9) Any guidance issued under subsection (7) above shall be published by the Secretary of State in such manner as he considers appropriate.
	(10) The functions conferred or imposed on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Limits of the general power.	31. - (1) The Authority shall not by virtue of section 30(1) above incur expenditure in doing anything which may be done by a functional body other than the London Development Agency.
	(2) In determining whether to exercise the power conferred by section 30(1) above, the Authority shall seek to secure that it does not incur expenditure in doing anything which is being done by the London Development Agency.
	(3) The Authority shall not by virtue of section 30(1) above incur expenditure in providing-
	(a) any housing,
	(b) any education services,
	(c) any social services, or
	(d) any health services,
	in any case where the provision in question may be made by a London borough council, the Common Council or any other public body.
	(4) Any reference in subsection (3) above to the provision of housing-
	(a) includes a reference to the management of housing; but
	(b) does not include a reference to the acquisition by the Authority of existing housing accommodation and the making of that accommodation available on a temporary basis for one or more of the principal purposes of the Authority or for purposes incidental to such a purpose.
	(5) Any reference in subsection (3) above to the provision of social services is a reference to the exercise of-
	(a) any function under any enactment for the time being specified in Schedule 1 to the Local Authority Social Services Act 1970, or
	(b) any function for the time being designated by an order made by the Secretary of State under section 2(2) of that Act as being appropriate for discharge through a local authority's social services committee.
	(6) Nothing in subsections (1) to (5) above shall be taken to prevent the Authority incurring expenditure in co-operating with, or facilitating or co-ordinating the activities of, the bodies mentioned in those subsections.
	(7) The Secretary of State may by order amending this section make further provision for preventing the Authority from doing by virtue of section 30(1) above anything-
	(a) which may be done by a London borough council, the Common Council or a public body, and
	(b) which is specified, or is of a description specified, in the order.
	(8) The Secretary of State may by order impose limits on the expenditure which may be incurred by the Authority by virtue of section 30(1) above.
	(9) The Secretary of State may by order amending this section make provision removing or restricting any prohibitions or limitations imposed by this section on what may be done by the Authority by virtue of section 30(1) above.
Consultation.	32. - (1) The power conferred by section 30(1) above is exercisable only after consultation with such bodies or persons as the Authority may consider appropriate in the particular case.
	(2) In determining what consultation (if any) is appropriate under subsection (1) above, the bodies which, and persons whom, the Authority considers consulting must include-
	(a) any London borough council;
	(b) the Common Council; and
	(c) bodies of each of the descriptions specified in subsection (3) below.
	(3) Those descriptions are-
	(a) voluntary bodies some or all of whose activities benefit the whole or part of Greater London;
	(b) bodies which represent the interests of different racial, ethnic or national groups in Greater London;
	(c) bodies which represent the interests of different religious groups in Greater London;
	(d) bodies which represent the interests of persons carrying on business in Greater London.
	(4) The Authority may make arrangements with-
	(a) any London borough council,
	(b) the Common Council,
	(c) bodies of the descriptions specified in subsection (3) above, and
	(d) such other bodies or persons as it may consider appropriate,
	for the purpose of facilitating the carrying out by the Authority of consultation pursuant to this section or any other provision of this Act.
	(5) The functions conferred on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Equality of opportunity.	33. - (1) The Authority shall make appropriate arrangements with a view to securing that-
	(a) in the exercise of the power conferred on the Authority by section 30 above,
	(b) in the formulation of the policies and proposals to be included in any of the strategies mentioned in section 41(1) below, and
	(c) in the implementation of any of those strategies,
	there is due regard to the principle that there should be equality of opportunity for all people.
	(2) The functions conferred on the Authority under or by virtue of this section shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority.
Subsidiary powers of the Authority.	34. - (1) The Authority, acting by the Mayor, by the Assembly, or by both jointly, may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the Authority exercisable by the Mayor or, as the case may be, by the Assembly or by both acting jointly.
	(2) The Authority shall not by virtue of this section raise money (whether by precepts, borrowing or otherwise) or lend money, except in accordance with the enactments relating to those matters.
	Exercise of functions: general principles
Authority functions to be exercisable by Mayor, Assembly or both.	35. - (1) Any function transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed) shall, in accordance with the provisions of this Act, be exercisable-
	(a) only by the Mayor acting on behalf of the Authority;
	(b) only by the Assembly so acting; or
	(c) only by the Mayor and Assembly jointly so acting.
	(2) Any function-
	(a) which is transferred to, or conferred or imposed on, the Authority by or under this Act or any other Act (whenever passed), and
	(b) which (apart from this subsection) is not made exercisable on behalf of the Authority by the Mayor, by the Assembly, or by the Mayor and the Assembly acting jointly,
	shall be exercisable only by the Mayor acting on behalf of the Authority.
	(3) Any function transferred to, or conferred or imposed on, the Mayor by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor acting on behalf of the Authority.
	(4) Any function transferred to, or conferred or imposed on, the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Assembly acting on behalf of the Authority.
	(5) Any function transferred to, or conferred or imposed on, the Mayor and the Assembly by or under this Act or any other Act (whenever passed) shall be taken to be a function of the Authority exercisable only by the Mayor and Assembly acting jointly on behalf of the Authority.
	(6) Subsections (3) and (4) above are subject to subsection (5) above.
	(7) Any reference in this Act to-
	(a) functions of the Authority,
	(b) functions of the Mayor,
	(c) functions of the Assembly, or
	(d) functions of the Mayor and Assembly,
	shall be construed in accordance with the foregoing provisions of this section.
	(8) Subsections (1) to (7) above are subject to any express provision to the contrary in this Act.
	(9) Subsections (2) and (3) above are without prejudice to section 38 below and Schedule 4 to this Act.
	(10) This section is subject, in particular, to Part II of the Deregulation and Contracting Out Act 1994 (contracting out).
Standing orders of the Authority.	36. - (1) The Assembly, in consultation with the Mayor, may make standing orders of the Authority.
	(2) The procedure of the Assembly, and of any committees or sub-committees of the Assembly, shall be regulated by the standing orders of the Authority.
	(3) Standing orders of the Authority may make provision regulating the procedure to be followed-
	(a) by any member of the Assembly, or
	(b) by any member of staff of the Authority,
	by whom functions of the Authority are exercisable pursuant to arrangements under section 54 below.
	(4) Standing orders of the Authority may make provision regulating the procedure to be followed by the Mayor or by the Assembly in discharging any functions of the Mayor or the Assembly, to the extent that the functions-
	(a) consist of consultation or any other interaction or relationship between the Mayor and the Assembly; or
	(b) are exercisable by the Mayor in relation to the Assembly or by the Assembly in relation to the Mayor.
	(5) Standing orders of the Authority may make provision for any other matter for which provision by standing orders of the Authority is authorised or required by or under any other provision of this Act or any other enactment.
	(6) Subsections (2) to (5) above are subject to any other provision of this Act or any other enactment which regulates, or provides for the regulation of, the procedure of the Assembly or any procedure to be followed by the Mayor.
	(7) Standing orders of the Authority may make different provision for different circumstances.
	(8) The Assembly, after consultation with the Mayor, may at any time vary or revoke any standing orders of the Authority.
	(9) Neither section 38 below nor section 54 below shall apply in relation to the functions of the Mayor or the Assembly under this section.
Discharge during vacancy or temporary incapacity of Mayor.	37. Schedule 4 to this Act shall have effect with respect to the discharge of functions during periods when-
	(a) there is a vacancy in the office of Mayor; or
	(b) there is no such vacancy but the Mayor is unable to act in his office.
	Functions exercisable by the Mayor
Delegation.	38. - (1) Any function exercisable on behalf of the Authority by the Mayor shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
	(2) Those bodies and persons are-
	(a) the Deputy Mayor;
	(b) any member of staff of the Authority;
	(c) Transport for London;
	(d) the London Development Agency;
	(e) the Common Council;
	(f) any local authority.
	(3) In the case of the Common Council or a local authority, an authorisation under this section-
	(a) may only be granted or varied with its written consent; and
	(b) shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
	(4) Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
	(5) Subsection (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by-
	(a) a committee or sub-committee, or a member, officer or employee, of the body or person, or
	(b) a joint committee on which the body or person is represented,
	except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
	(6) Subsection (1) above does not apply-
	(a) in relation to functions under this section; or
	(b) in relation to any function of making appointments under subsection (1) of section 67 below (which, subject to the provisions of Schedule 4 to this Act, shall be exercisable only by the Mayor).
	(7) Each of the following bodies, namely-
	(a) Transport for London,
	(b) the London Development Agency,
	(c) the Common Council,
	(d) any local authority,
	shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
	(8) Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor-
	(a) to a local authority,
	(b) to Transport for London, or
	(c) to the London Development Agency,
	as they apply to arrangements under that section between one local authority and another.
	(9) An authorisation under this section may be varied or revoked at any time by the Mayor.
	(10) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
Exercise of functions by joint committees.	39. - (1) Where any functions exercisable on behalf of the Authority by the Mayor are, by virtue of an authorisation under section 38(1) above, also exercisable by one or more local authorities, the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint discharge of the functions by a joint committee.
	(2) Where-
	(a) a statutory function of the Authority is exercisable, or has been exercised, by the Mayor acting on behalf of the Authority, and
	(b) the exercise, or any particular exercise, of that function will or may affect, or be affected by, the exercise, or any particular exercise, of statutory functions of local authorities (whether or not the functions are the same in the case of each such authority),
	the Mayor and those authorities may enter into arrangements under section 101(5) of the Local Government Act 1972 for the joint exercise of any of the statutory functions mentioned in paragraph (a) or (b) above by a joint committee, as if those functions were exercisable by the Mayor acting on behalf of the Authority and by each local authority.
	(3) For the purposes of subsection (2) above, the exercise of a function shall be taken to affect, or be affected by, the exercise of another function if the functions are exercisable for the same, or for similar or connected, purposes or in relation to the same, or similar or connected, subject matter.
	(4) For the purposes of subsections (1) and (2) above, sections 101(5) and 102 to 106 of the Local Government Act 1972 shall have effect as if the Authority acting by the Mayor were a local authority.
	(5) Any arrangements made by virtue of subsection (1) or (2) above for the discharge of any functions by a joint committee (or by a sub-committee of a joint committee) shall not prevent the Mayor or any local authority, or the joint committee by whom the arrangements are made, from exercising the functions.
	(6) A person who is disqualified under section 21 above from being elected or being the Mayor or an Assembly member, otherwise than by reason only of being a member of staff of the Authority, shall be disqualified from being a member of a joint committee established by virtue of subsection (1) or (2) above or of any sub-committee of such a committee.
	(7) Subject to that, the Mayor or any other individual may be appointed as a representative of the Authority on any joint committee established by virtue of subsection (1) above and any such representative may be appointed as a member of any sub-committee of such a joint committee.
	(8) Any reference in this section to a local authority includes a reference to the Common Council.

Prepared 27 October 1999