Greater London Authority Bill

Greater London Authority Bill - continued	House of Lords
PART II, GENERAL FUNCTIONS AND PROCEDURE - continued
Functions exercisable by the Mayor - continued

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Contracting out.

40. - (1) Part II of the Deregulation and Contracting Out Act 1994 (contracting out) shall be amended as follows.

(2) In section 70 (functions of local authorities) in subsection (1)(b), after "section 56 of the Local Government (Scotland) Act 1973" there shall be inserted "or section 38 of the Greater London Authority Act 1999".

(3) After subsection (5) of that section (which implies certain terms into arrangements under section 101 of the Local Government Act 1972 etc) there shall be inserted-

"(6) Any reference in subsection (5) above to arrangements under section 101 of the Local Government Act 1972 includes a reference to an authorisation under section 38 of the Greater London Authority Act 1999."

(4) In section 79(1) (interpretation of Part II) in the definition of "local authority", in paragraph (a), after "London borough council," there shall be inserted "the Greater London Authority acting through the Mayor of London,".

The Mayor's strategies

General duties of the Mayor in relation to his strategies.

41. - (1) This section applies to-

(a) the transport strategy prepared and published under section 142 below,

(b) the London Development Agency strategy prepared and published under section 7A(2) of the Regional Development Agencies Act 1998,

(d) the London Biodiversity Action Plan prepared and published under section 347 below,

(e) the municipal waste management strategy prepared and published under section 348 below,

(f) the London air quality strategy prepared and published under section 357 below,

(g) the London ambient noise strategy prepared and published under section 365 below, and

(h) the culture strategy prepared and published under section 371 below.

(2) The Mayor shall keep each of the strategies mentioned in subsection (1) above under review and shall make such revisions of those strategies as he considers necessary.

(3) Subsection (2) above does not apply in relation to the spatial development strategy (for which separate provision as to review is made by section 335 below).

(4) In preparing or revising any strategy mentioned in subsection (1) above, the Mayor shall have regard to-

(a) the principal purposes of the Authority;

(b) the effect which the proposed strategy or revision would have on-

(i) the health of persons in Greater London; and

(ii) the achievement of sustainable development in the United Kingdom; and

(5) Those matters are-

(a) the need to ensure that the strategy is consistent with national policies and with such international obligations as the Secretary of State may notify to the Mayor for the purposes of this paragraph;

(b) the need to ensure that the strategy is consistent with each other strategy mentioned in subsection (1) above;

(d) the desirability of promoting and encouraging the use of the River Thames, in particular for the provision of passenger transport services and for the transportation of freight.

(6) The Mayor-

(a) in considering whether any strategy mentioned in subsection (1) above needs to be revised,

(b) in implementing any such strategy, or

shall have regard to the matters specified in subsection (5) above.

(7) Where the Mayor prepares or revises any strategy mentioned in subsection (1) above, he shall include such of the available policies and proposals relating to the subject matter of the strategy as he 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 he 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.

(8) In subsection (7)(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 strategy or revision.

(9) 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-

(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.

(10) For the purposes of this section "international obligations" means international obligations of the United Kingdom under any treaty, including obligations under the Community Treaties.

(11) For the purposes of this Act, unless the context otherwise requires, a reference to a strategy includes a reference to the London Biodiversity Action Plan.

Consultation.

42. - (1) In preparing or revising any strategy to which this section applies the Mayor shall consult-

(a) the Assembly,

(b) the functional bodies,

(d) the Common Council, and

(e) any other body or person whom he considers it appropriate to consult.

(2) In determining what consultation (if any) is appropriate under subsection (1)(e) above, the bodies which, and persons whom, the Mayor considers consulting must include bodies of each of the descriptions specified in section 32(3) above.

(3) The strategies to which this section applies are those mentioned in section 41(1) above, other than the spatial development strategy (for which separate provision as to consultation and other aspects of public participation is made by Part VIII below).

(4) Subsection (1) above is without prejudice to any other duty imposed on the Mayor in relation to consultation.

(5) In discharging the duty under subsection (1) above, the Mayor shall consult the Assembly and the functional bodies before consulting the other bodies or persons mentioned in subsection (1)(c) to (e) above.

(6) In any case where-

(a) the Mayor proposes to revise any of the strategies to which this section applies, and

(b) he considers that the proposed revisions will not materially alter the strategy in question,

the Mayor is not required to carry out consultation in accordance with this section.

Publicity and availability of strategies.

43. - (1) The Mayor shall take such steps as in his opinion will give adequate publicity to the current version of each strategy to which section 42 above applies.

(2) 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 41(1) above.

(3) A copy of the current version of each such strategy shall be kept available by the Mayor for inspection by any person on request free of charge-

(a) at the principal offices of the Authority, and

(b) at such other places as the Mayor considers appropriate,

at reasonable hours.

(4) A copy of the current version of each such strategy, or any part of such a strategy, shall be supplied to any person on request for such reasonable fee as the Mayor may determine.

(5) 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.

Directions by the Secretary of State.

44. - (1) In relation to each strategy mentioned in section 41(1) above, where the Mayor has not published the strategy and the Secretary of State considers that the Mayor is not taking such steps as are necessary to prepare the strategy, he may issue a direction to the Mayor under subsection (2) below.

(2) A direction under this subsection may direct the Mayor to prepare and publish the strategy within such period as the direction shall specify.

(3) Where the Secretary of State issues a direction to the Mayor under subsection (1) above, the Mayor shall comply with the direction.

Public accountability

The Mayor's periodic report to the Assembly.

45. - (1) The Mayor shall, not later than three clear working days before the first meeting of the Assembly held pursuant to subsection (3) of section 52 below, and thereafter not later than three clear working days before each subsequent meeting of the Assembly held pursuant to that subsection, submit a written report to the Assembly.

(2) A report required to be submitted by the Mayor under subsection (1) above shall relate to the period since the submission of the previous report or, in the case of the first such report, to the period since the first ordinary election and shall include-

(a) notification of decisions taken by the Mayor which he considers to be of significance;

(b) the reasons for which the Mayor took the decisions mentioned in paragraph (a) above; and

(3) The Mayor shall attend every meeting of the Assembly held pursuant to section 52(3) below and shall, subject to subsection (6) below, answer questions put to him at any such meeting by Assembly members about matters in relation to which statutory functions are exercisable by him.

(4) 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 (6) below).

(5) For the purposes of subsection (4)(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.

(6) The duty of the Mayor under subsection (3) or (4) above shall not require him to disclose advice received by him from a person appointed under section 67(1) or (2) below.

(7) 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;

(d) a day appointed for public thanksgiving or mourning.

Annual report by the Mayor.

46. - (1) As soon as practicable after the end of each financial year the Mayor shall prepare a report on the exercise by him of statutory functions during the year (an "annual report").

(2) An annual report shall include-

(a) an assessment of the Mayor's progress in implementing the strategies required to be prepared and published by him under this Act or under section 7A(2) of the Regional Development Agencies Act 1998;

(b) a statement of any targets for the time being in force under section 41(9) 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;

(c) a summary of information which relates to the Authority's performance of its statutory functions and which the Authority is required to publish under or by virtue of any enactment; and

(d) information of such descriptions as the Assembly, prior to the beginning of the financial year to which the annual report relates, has notified to the Mayor that it wishes to be included in the annual report.

(3) As soon as practicable after preparing an annual report, the Mayor-

(a) shall send a copy of the report to the Assembly; and

(b) shall publish the report.

(4) The annual report shall not be published until after the Mayor has sent a copy to the Assembly pursuant to subsection (3)(a) above.

(5) A copy of the annual report sent to the Assembly shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(6) A copy of the annual report sent to the Assembly, or any part of that report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(7) In this section "the appropriate period" in the case of an annual report is the period of six years beginning with the date of publication of that report pursuant to this section.

The annual State of London debate.

47. - (1) The Mayor shall once in every financial year hold and attend a meeting under this section (in this section referred to as a "State of London debate") which shall be open to all members of the public.

(2) 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.

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

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

(5) 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.

(6) A State of London debate shall be held on a date to be determined by the Mayor-

(a) during April, May or June in each successive period of twelve months beginning with 1st April 2001, and

(b) at least 7 days after the publication under section 46 above of the annual report relating to the financial year last ended.

(7) At least one month prior to the date on which the State of London debate is to be held, the Mayor-

(a) shall determine the place at which the meeting is to be held; and

(b) shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.

People's Question Time.

48. - (1) The Mayor and the Assembly shall twice in every financial year hold and attend a meeting under this section (in this section referred to as a "People's Question Time") which shall be open to all members of the public.

(2) 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.

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

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

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

(6) 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.

(7) A People's Question Time shall be held on a date to be determined by the Mayor, after consultation with the Assembly, but which is not less than-

(a) one month before, or

(b) one month after,

a State of London debate held pursuant to section 47(1) above.

(8) At least one month prior to the date on which each People's Question Time is to be held, the Mayor-

(a) shall determine the place at which the meeting is to be held; and

(b) shall take such steps as will in his opinion give adequate notice of the date and place of the meeting to members of the public.

Deputy Mayor

The Deputy Mayor.

49. - (1) There shall be a Deputy Mayor of London ("the Deputy Mayor").

(2) The Deputy Mayor shall have such functions as may be conferred or imposed upon him by or under this Act or any other enactment, whenever passed or made.

(3) The Deputy Mayor shall be appointed by the Mayor from among the Assembly members.

(4) A person must not hold the offices of Deputy Mayor and Chair of the Assembly at the same time.

(5) If the Mayor appoints as Deputy Mayor the person who is the Chair of the Assembly, a vacancy shall arise in the office of Chair of the Assembly.

(6) Subsections (4) and (5) above apply in relation to the Deputy Chair of the Assembly as they apply in relation to the Chair of the Assembly.

(7) A person appointed Deputy Mayor shall not act in that office unless or until he has satisfied in respect of his office as an Assembly member the requirements of section 28(1) above.

(8) A person shall cease to be the Deputy Mayor if-

(a) he ceases to be an Assembly member;

(b) he at any time gives notice of resignation as the Deputy Mayor to the proper officer of the Authority; or

(9) A person who ceases to be Deputy Mayor shall be eligible for reappointment.

Prepared 27 October 1999