Greater London Authority Bill

Greater London Authority Bill - continued	House of Lords
PART II, GENERAL FUNCTIONS AND PROCEDURE - continued
General functions of the Assembly - continued

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Proposals to the Mayor.

60. - (1) Where the Assembly decides to do so, the Assembly may submit a proposal to the Mayor.

(2) Section 54 above shall not apply in relation to the function of the Assembly under subsection (1) above.

Attendance of witnesses and production of documents

Power to require attendance at Assembly meetings.

61. - (1) Subject to section 63 below, the Assembly may require any person to whom subsection (2), (3), (4) or (5) below applies-

(a) to attend proceedings of the Assembly for the purpose of giving evidence, or

(b) to produce to the Assembly documents in his possession or under his control.

(2) This subsection applies to-

(a) any person who is a member of staff of the Authority, or of any functional body, to whom sections 1 to 3 of the Local Government and Housing Act 1989 apply, and

(b) any person who is the chairman of, or a member of, any functional body.

(3) This subsection applies to-

(a) any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above had a contractual relationship with the Authority, and

(b) any person who is a member of, or a member of staff of, a body which has within the three years prior to the date of the requirement to be imposed under subsection (1) above had such a relationship.

(4) This subsection applies to-

(a) any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above received a grant from the Authority, and

(b) any person who is a member of, or a member of staff of, a body which has within the three years prior to the date of the requirement to be imposed under subsection (1) received such a grant.

(5) This subsection applies to-

(a) any person who is an Assembly member,

(b) any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above been an Assembly member, and

(c) any person who has within the three years prior to the date of the requirement to be imposed under subsection (1) above been the Mayor.

(6) A requirement imposed under subsection (1) above on a person falling within subsection (2) above-

(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with matters in relation to which statutory functions are exercisable by the Authority or any functional body, and

(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to those matters.

(7) A requirement imposed under subsection (1) above on a person falling within subsection (3) above-

(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the contractual relationship with the Authority, and

(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that contractual relationship.

(8) A requirement imposed under subsection (1) above on a person falling within subsection (4) above-

(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the grant received from the Authority, and

(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that grant.

(9) A requirement imposed under subsection (1) above on a person falling within subsection (5) above-

(a) if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the exercise by the person attending of the functions of the Authority, and

(b) if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to the exercise of those functions by that person.

(10) Nothing in this section shall require a person appointed under section 67(1) or (2) below to-

(a) give any evidence, or

(b) produce any documents,

which relate to advice given by that person to the Mayor.

(11) For the purposes of this section and sections 62 to 65 below-

(a) "document" means anything in which information is recorded in any form (and references to producing a document are to the production of the information in it in a visible and legible form, including the production of a copy of the document or an extract of the relevant part of the document),

(b) any reference to a member of staff of a body includes a reference to an officer or employee of that body, and

Procedure for requiring attendance.

62. - (1) The powers of the Assembly under section 61(1) above may be exercised by and for the purposes of an ordinary committee of the Assembly, if the committee is expressly authorised to exercise those powers by the standing orders or by the Assembly, but may not be exercised by any individual Assembly member or by any member of staff of the Authority.

(2) Except in the case of a committee which is authorised by standing orders to exercise the powers of the Assembly under section 61(1) above, section 54 above shall not apply in relation to-

(a) the Assembly's function of deciding to exercise its powers under section 61(1) above; or

(b) the Assembly's function under subsection (1) above of authorising a committee to exercise those powers.

(3) In order to impose a requirement on a person under section 61(1) above the head of the Authority's paid service must give him notice specifying-

(a) the time and place at which he is to attend and the matters about which he is to be required to give evidence, or

(b) the documents, or types of documents, which he is to produce, the date by which he is to produce them and the matters to which the document or documents relate.

(4) Where a requirement under section 61(1) above is imposed on a person to attend proceedings or produce documents on behalf of a body, the notice required to be given to him under subsection (3) above must also specify that body.

(5) A notice required by subsection (3) above to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives this right.

(6) A notice required by subsection (3) above to be given to a person shall be taken to have been given to him if it is sent by registered post or the recorded delivery service and-

(a) if he is a member of staff of the Authority or the chairman of, a member of, or a member of staff of a functional body, it is sent to his normal place of work,

(b) if he is a person required to attend proceedings or produce documents on behalf of a body, it is sent to the registered or principal office of the body,

(d) in the case of any person, where that person has given an address for service of the notice, it is sent to that address.

Restriction of information.

63. The Secretary of State may by order-

(a) prescribe categories of information which a person who is required under subsection (1)(a) of section 61 above to attend proceedings of the Assembly may refuse to give, or

(b) prescribe categories of documents which a person who is required under subsection (1)(b) of that section to produce documents may refuse to produce.

Failure to attend proceedings etc.

64. - (1) A person to whom a notice under section 62(3) above has been given is guilty of an offence if he-

(a) refuses or fails, without reasonable excuse, to attend proceedings as required by the notice,

(b) refuses to answer any question which is properly put to him when attending any proceedings as required by the notice,

(c) refuses or fails, without reasonable excuse, to produce any document required by the notice to be produced by him, or

(d) intentionally alters, suppresses, conceals or destroys any document required by the notice to be produced by him.

(2) A person guilty of an offence under subsection (1) above is liable on summary conviction to-

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding three months.

(3) A person is not obliged by section 61 above to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

Proceedings under section 61(1): openness.

65. - (1) In its application by virtue of section 58 above, Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees), so far as relating to any proceedings under section 61(1) above ("the evidentiary proceedings"), shall have effect with the following additional modifications.

(2) In section 100B (access to agenda and connected reports) any reference to a report for a meeting includes a reference to any document (other than the agenda) supplied before, and for the purposes of, the evidentiary proceedings (a "relevant document").

(3) If a report or relevant document is supplied less than three clear days before the evidentiary proceedings, copies of the report or document shall be open to inspection by the public under subsection (1) of that section from the time such copies are available to Assembly members, notwithstanding anything in subsection (3) of section 100B.

(4) In section 100C (inspection of minutes and other documents after meetings)-

(a) any reference to the minutes of a meeting shall be taken to include a reference to a transcript or other record of evidence given in the course of the evidentiary proceedings; and

(b) any reference to a report for the meeting includes a reference to a relevant document.

(5) In section 100D (inspection of background papers) any reference in subsections (1) to (4) to background papers for a report (or part of a report) shall be taken as a reference to any additional documents supplied by a witness.

(6) In this section, "additional documents supplied by a witness" means documents supplied, whether before, during or after the evidentiary proceedings,-

(a) by a person attending to give evidence at the proceedings, and

(b) for the use of Assembly members in connection with the proceedings,

but does not include any document which is a relevant document.

(7) In section 100F (additional rights of access for members) subsections (2) to (4) shall not have effect in relation to documents which contain material relating to any business to be transacted at the evidentiary proceedings.

(8) In section 100H (supplemental provisions and offences) in subsection (6), in the definition of "accessible documents"-

(a) the reference in paragraph (d) to a report for the meeting includes a reference to a relevant document; and

(b) the reference in paragraph (e) to background papers for a report for a meeting shall be taken as a reference to any additional documents supplied by a witness.

Ethical standards

The Secretary of State's guidance on ethical standards.

66. - (1) The Secretary of State may issue guidance to the Authority with respect to ethical standards for-

(a) the Mayor;

(b) the Assembly members;

(d) persons not falling within paragraphs (a) to (c) above who are members of advisory committees or sub-committees of the Assembly.

(2) The matters which may be dealt with in any such guidance include-

(a) disclosure and registration of interests;

(b) the exercise of functions by or on behalf of the Mayor, the Deputy Mayor, any member of the Assembly, any member of the Authority's staff or any committee or sub-committee in cases where the Mayor, Deputy Mayor, member of the Assembly or member of staff, or a member of the committee or sub-committee, has an interest in the matter in question;

(c) voting in cases where an Assembly member, or any other person who is a member of an advisory committee or sub-committee, has an interest in the matter in question;

(d) the establishment and functions of one or more committees concerned with ethical standards;

(e) the prescription of model codes of conduct.

(3) In exercising any functions conferred or imposed on him, or made exercisable by him, the Mayor and every Assembly member shall have regard to any guidance issued under this section.

Staff

Appointment.

67. - (1) The Mayor may appoint-

(a) not more than two persons as his political advisers; and

(b) not more than ten other members of staff.

(2) The Assembly, after consultation with the Mayor and taking into account, in particular,-

(a) the manner in which, and the extent to which, the Mayor has exercised, or proposes to exercise, the powers conferred by subsection (1) above, and

(b) any views of the Mayor as to the exercise of the Assembly's powers under this subsection,

may appoint such staff as it considers necessary for the proper discharge of such functions of the Authority as are respectively exercisable by the Mayor, the Assembly, and the Mayor and Assembly acting jointly.

(3) Any appointment under subsection (1) or (2) above is an appointment as an employee of the Authority.

(4) No appointment under subsection (1) above shall be such as to extend beyond the term of office for which the Mayor was elected.

(5) Where the Mayor makes an appointment under subsection (1) above, he shall report to the Assembly in writing-

(a) the name of the person appointed,

(b) the post to which the person has been appointed, and

(6) Section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any appointment under subsection (1)(b) or (2) above as if the Authority were a local authority.

(7) Section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to staff appointed under subsection (1) or (2) above as if the Authority were a relevant authority.

(8) Section 9(1), (9) and (11) of that Act (assistants for political groups) shall apply in relation to any appointment under subsection (1)(a) above as if-

(a) the Authority were a relevant authority; and

(b) any appointment to either of the posts in question were the appointment of a person in pursuance of that section.

Disqualification and political restriction.

68. - (1) The following provisions of the Local Government and Housing Act 1989, namely-

(a) section 1 (disqualification and political restriction of certain officers and staff), and

(b) sections 2 and 3 (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of that section,

shall have effect as if each of the bodies specified in subsection (2) below were a local authority.

(2) The bodies are-

(a) the Authority;

(b) Transport for London;

(3) A person employed by the Authority by virtue of his appointment under section 67(1)(b) above shall not, by virtue only of subsections (1) and (2) above, be disqualified from being or becoming an unpaid member of Transport for London or the London Development Agency.

(4) For the purposes of subsection (3) above, the unpaid members of any body are those members of the body who do not receive any remuneration (whether from the body, the Authority or any other source) which they would not receive if they were not members of the body.

(5) In section 2(3) of that Act, as it has effect in relation to the Authority by virtue of subsections (1) and (2)(a) above, any reference to the authority shall be taken to include a reference to the Mayor and a reference to the Assembly.

(6) In section 2 of that Act, so far as it has effect for the purposes of section 1 of that Act, the expression "the statutory chief officers" shall be taken to include a reference to the chief finance officer, within the meaning of section 127 below,-

(a) of Transport for London, and

(b) of the London Development Agency,

whether he is an officer, employee, member of staff or member of Transport for London or, as the case may be, the London Development Agency.

(7) In the application of section 2 of that Act in relation to the London Development Agency by virtue of subsections (1) and (2)(c) above, any reference to the person designated under section 4 of that Act as its head of paid service shall be taken as a reference to the chief executive of the London Development Agency appointed under paragraph 4(2) of Schedule 2 to the Regional Development Agencies Act 1998.

Disqualification for membership of certain London borough councils.

69. In section 80 of the Local Government Act 1972 (disqualification for election and holding office as member of a local authority) after subsection (2) there shall be inserted-

	"(2AA) A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes-
	(a) one or more persons appointed on the nomination of the Authority acting by the Mayor, and
	(b) one or more members of one or more London borough councils appointed to the committee on the nomination of those councils,
	shall be disqualified for being elected or being a member of any of those London borough councils."

Prepared 27 October 1999