Greater London Authority Act 1999

(1A) An application for an order under subsection (1) above may only be made— (a) by Transport for London, to the extent that the special parking area is to consist of GLA roads or trunk roads; or (b) by a London local authority, to the extent that the special parking area is to consist of roads other than GLA roads and trunk roads.

• (3) The amendment made by this section does not affect the continuing validity of any order, or any application for an order, made before the coming into force of this section.

Variation of special parking areas by the Mayor.

286

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Interpretation of parking provisions.

287

• (1) Section 82 of the Road Traffic Act 1991 (interpretation of Part II) shall be amended as follows.

• (2) In subsection (1), for the definition of London authority there shall be substituted—

London authority means— (a) as respects parking, or any matter connected with or relating to parking, on a GLA road, Transport for London; (b) as respects parking, or any matter connected with or relating to parking, on any road other than a GLA road or a trunk road, any council of a London borough or the Common Council of the City of London;

• (3) In subsection (1), the following definitions shall be inserted at the appropriate places—

• GLA road (subject to subsection (1C) below) has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);

GLA side road has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 124A(9) and section 142(1) of that Act;

London local authority means any council of a London borough or the Common Council of the City of London;

the Mayor’s transport strategy means the transport strategy prepared and published by the Mayor of London under section 142 of the Greater London Authority Act 1999;

Minister of the Crown has the same meaning as in the Ministers of the Crown Act 1975;

• (4) After subsection (1) there shall be inserted—

(1A) Any functions conferred or imposed on the Greater London Authority by or under this Part of this Act shall be functions of the Authority which are exercisable by the Mayor acting on behalf of the Authority. (1B) Subsection (1A) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly. (1C) In this Part of this Act, any reference to a GLA road includes a reference to a GLA side road.

• (5) In subsection (6) (power to make orders or regulations to be exercisable by statutory instrument) after conferred by this Part there shall be inserted “ on a Minister of the Crown ”.

School crossing patrols, parking attendants and traffic wardens

School crossing patrols.

288

• (1) Section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings) shall be amended as follows.

• (2) In subsection (2) (definition of the appropriate authority)—

• (a) in paragraph (a) (places not in the metropolitan police district or the City) for not in the metropolitan police district and not in the City of London there shall be substituted “ outside Greater London ”; and

• (b) for paragraph (c) (places in the metropolitan police district) there shall be substituted—

(c) as respects places in a London borough, shall be the council for the borough,

• (3) In subsection (4) (duty of certain authorities to have regard to representations made by other local authorities in their area) in paragraph (a)—

• (a) the words and the commissioner of police of the metropolis, or him and or metropolitan police district shall cease to have effect; and

• (b) after in the county there shall be inserted “ or ”.

• (4) After subsection (4) there shall be inserted—

(4A) Before making arrangements under subsection (1) above for the patrolling of places where children cross GLA roads, a London borough council or the Common Council of the City of London must consult Transport for London and take account of any representations made by Transport for London.

• (5) In subsection (5) (agreements between council of a county etc and the police authority)—

• (a) after council of the county there shall be inserted “ , London borough ”; and

• (b) after in the county there shall be inserted “ , London borough ”.

• (6) In consequence of the preceding provisions of this section, section 27 of the Road Traffic Regulation Act 1984 (expenses under section 26 in metropolitan police district) shall cease to have effect.

Parking attendants.

289

• (1) Section 63A of the Road Traffic Regulation Act 1984 (parking attendants) shall be amended as follows.

• (2) In subsection (4) (parking attendants in Greater London to wear uniform prescribed by Secretary of State when exercising prescribed functions) for Secretary of State there shall be substituted “ Greater London Authority ”.

• (3) In subsection (5) (definition of local authority etc) at the end there shall be added “ except that Transport for London shall also be a local authority ”.

• (4) After subsection (5), there shall be inserted—

(6) For the purposes of this section, the area of Transport for London is Greater London.

Exercise by traffic wardens of functions of parking attendants.

290

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Miscellaneous and supplementary provisions

London borough council affecting another authority’s roads.

291

After section 121A of the Road Traffic Regulation Act 1984 there shall be inserted—

(121B) (1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,— (a) a GLA road, or (b) a road in another London borough, unless the requirements of subsections (2) and (3) below have been satisfied. (2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question— (a) to Transport for London; and (b) in a case where the road concerned is in another London borough, to the council for that borough. (3) The second requirement is that— (a) the proposal has been approved by Transport for London, in the case of a GLA road, or by the London borough council concerned, in the case of any other road; or (b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or (c) any objection made by Transport for London or the council has been withdrawn; or (d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection. (4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held. (5) If Transport for London has reason to believe— (a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect, a GLA road or a road in another London borough, and (b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above, Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied. (6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power. (7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council. (8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt. (9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction. (10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects— (a) all or any of the London borough councils; (b) all or any of the GLA roads; (c) all or any of the roads which are neither GLA roads nor trunk roads; (d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified. (11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection. (12) For the purposes of this section— (a) the City of London shall be treated as if it were a London borough; (b) the Common Council shall be treated as if it were the council for a London borough; and (c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.

Interpretation of the Road Traffic Regulation Act 1984.

292

• (1) The Road Traffic Regulation Act 1984 shall be amended as follows.

• (2) After section 121B there shall be inserted—

(121C) (1) The functions of the Greater London Authority under this Act shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority. (2) Subsection (1) above does not apply in relation to any function expressly conferred or imposed on, or made exercisable by, the London Assembly.

• (3) In section 142 (general interpretation) the following definitions shall be inserted at the appropriate places in subsection (1)—

• GLA road (subject to subsection (4) below) has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);

GLA side road shall be construed in accordance with section 124A(9) of this Act;

trunk road has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act)

• (4) At the end of section 142 there shall be added—

(4) Any reference in this Act to a GLA road includes a reference to a GLA side road.

Proposals for Royal Parks and highways: consultation.

293

After section 132 of the Road Traffic Regulation Act 1984 there shall be inserted—

(132AA) (1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted— (a) the traffic authority for the highway, and (b) Transport for London, about the exercise of those functions in that way. (2) The duty imposed by subsection (1) above shall not apply if it would not be reasonably practicable for the Secretary of State to consult the traffic authority or Transport for London before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State shall inform the traffic authority and Transport for London that those functions have been so exercised. (3) A traffic authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way. (4) The duty imposed by subsection (3) above shall not apply if it would not be reasonably practicable for the traffic authority to consult the Secretary of State before exercising functions; but, in such a case, as soon as practicable after so exercising functions the highway authority shall inform the Secretary of State that those functions have been so exercised. (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).

Repeal of certain enactments.

294

• (1) The following enactments shall cease to have effect—

• (a) sections 12, 13 and 76 of the Road Traffic Regulation Act 1984 (experimental traffic schemes carried out in Greater London by the police);

• (b) paragraph 53 of Schedule 4 to the Local Government Act 1985 (which relates to the abolition of metropolitan roads and is spent);

• (c) Part II of Schedule 5 to the Local Government Act 1985 (supplementary provisions relating to road traffic) so far as relating to Greater London;

• (d) sections 50 to 63 and 80 of, and Schedule 5 to, the Road Traffic Act 1991 (priority routes, local plans, trunk road plans and the Traffic Director for London).

• (2) Any guidance given by the Secretary of State under any of the provisions of the Local Government Act 1985 or the Road Traffic Act 1991 mentioned in subsection (1) above shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy (and shall accordingly be subject to revocation or variation by the Mayor).

• (3) So far as relating to roads which are or become GLA roads, the Traffic Director for London’s network plan under section 52 of the Road Traffic Act 1991 shall, until such time as it is superseded by the transport strategy, continue in force and have effect as if it were part of that strategy.

• (4) Any trunk road local plans prepared or in the course of preparation under section 56 of the Road Traffic Act 1991 by the Traffic Director for London shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.

• (5) In subsections (6) and (7) below relevant local plans means any local plans prepared or in the course of preparation by a London borough council or the Common Council under section 54 of the Road Traffic Act 1991.

• (6) To the extent that they relate to roads which are or become GLA roads, within the meaning of the Highways Act 1980, any relevant local plans shall, until such time as they are superseded by the transport strategy, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as part of that strategy.

• (7) To the extent that they relate to roads other than those mentioned in subsection (6) above, any relevant local plans shall, until such time as they are superseded by local implementation plans under section 145 above, continue in force and have effect as if they were prepared or, as the case may be, in the course of preparation as local implementation plans under that section.

• (8) Any reference in this section to a GLA road includes a reference to a GLA side road.

Chapter XV — New Charges and Levies

Road user charging.

295

• (1) Each of the following bodies, namely—

• (a) Transport for London,

• (b) any London borough council, or

• (c) the Common Council,

may establish and operate schemes for imposing charges in respect of the keeping or use of motor vehicles on roads in its area.

• (2) Schedule 23 to this Act (which makes provision supplementing this section) shall have effect.

• (3) For the purposes of this section and that Schedule motor vehicle has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply for those purposes as it applies for the purposes of the Road Traffic Acts.

Workplace parking levy.

296

• (1) Each of the following bodies, namely—

• (a) Transport for London,

• (b) any London borough council, or

• (c) the Common Council,

may establish and operate schemes for the licensing of persons providing workplace parking places in Greater London.

• (2) Schedule 24 to this Act (which makes provision supplementing this section) shall have effect.

Chapter XVI — Transition from London Regional Transport to Transport for London

Transfers of property, rights and liabilities.

297

• (1) The Secretary of State shall from time to time prepare programmes for the transfer to Transport for London of property, rights and liabilities of London Regional Transport—

• (a) for the purpose of enabling Transport for London to perform its functions as they become exercisable; or

• (b) in preparation for the dissolution of London Regional Transport;

and in this Chapter transfer programme means a programme under this subsection.

• (2) Any powers conferred by Part XII below are exercisable for the purpose of implementing any transfer programme.

• (3) A transfer programme may include plans relating to—

• (a) the transfer of rights and liabilities under contracts of employment;

• (b) the provision of pensions, within the meaning of section 411 below;

• (c) the apportionment of any property, rights or liabilities;

• (d) the creation of rights or liabilities;

• (e) the transfer of statutory functions;

• (f) the exercise of any other powers under Part XII below.

• (4) A transfer programme may provide for different property, rights or liabilities to be transferred on different days.

• (5) To the extent that a transfer programme has not been implemented, it may be varied or replaced by another such programme.

Functions during the transitional period.

298

• (1) In this section transitional purpose means the purpose of—

• (a) facilitating the securing and carrying into effect of PPP agreements under Chapter VII above;

• (b) facilitating the transfer of property, rights or liabilities of London Regional Transport to Transport for London;

• (c) facilitating the transfer of functions, property, rights or liabilities to Transport for London from any other body or person from whom they are or may be so transferred under or by virtue of this Act;

• (d) facilitating the exercise by Transport for London of any functions so transferred; or

• (e) securing that public passenger transport services continue to be provided without disruption.

• (2) London Regional Transport shall be under a duty, and shall be taken at any time before the coming into force of this section to have had power, to do all such things as it considers appropriate for any transitional purpose.

• (3) In discharging their functions during the transitional period it shall be the duty of—

• (a) the Mayor,

• (b) London Regional Transport, and

• (c) Transport for London,

to consult and co-operate with each other for any transitional purpose.

• (4) The following provisions of this section have effect for the purpose of facilitating the discharge of the duty of co-operation imposed on London Regional Transport and Transport for London by subsection (3) above.

• (5) London Regional Transport and Transport for London shall each provide to the other such information as may reasonably be required by that other for the purpose of discharging any of its functions during the transitional period.

• (6) London Regional Transport and Transport for London shall each have power to enter into arrangements with the other—

• (a) for the provision by the one for the other of administrative, technical or professional services or of passenger transport services;

• (b) for the one to make available for use by the other, or for shared use by each of them, any land, equipment or other property;

• (c) for the one to place any of its officers or other members of staff at the disposal of the other, for the purposes of its functions;

• (d) for the discharge by the one of any functions of the other on its behalf.

• (7) Arrangements entered into under subsection (6) above may be on such terms as may be agreed between London Regional Transport and Transport for London.

• (8) Arrangements by virtue of paragraph (c) of subsection (6) above may only be entered into after consultation with the officers or members of staff concerned.

• (9) In this Chapter the transitional period means the period which—

• (a) begins with the coming into force of this section; and

• (b) ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.

Fares etc during the transitional period.

299

• (1) If provision is made under or by virtue of this Act which has the effect of applying to any extent in relation to London Regional Transport during the transitional period—

• (a) the powers conferred on the Mayor by section 155 above, and

• (b) the duty imposed on the Mayor by section 174 above,

then the Mayor, in discharging that duty as so applied in relation to London Regional Transport, shall act in a way which he considers will not prejudice the financial or other interests of London Regional Transport, having regard to the financial and other interests of Transport for London.

• (2) If provision is made under or by virtue of this Act which has the effect of—

• (a) applying to any extent in relation to London Regional Transport during the transitional period any of the provisions contained in sections 240 to 243 above or Schedule 16 to this Act, and

• (b) authorising or requiring Transport for London during the transitional period to act on behalf of London Regional Transport for the purposes of any of those provisions as so applied,

then Transport for London, in acting on behalf of London Regional Transport for those purposes, shall do so in a way which (having regard to its own financial and other interests) it considers will not prejudice the financial or other interests of London Regional Transport.

Continuity: repealed or revoked functions.

300

• (1) In this section—

• abolished function means any function of London Regional Transport which was conferred or imposed by a statutory provision which is repealed or revoked by or under this Act;

• abolition, in relation to an abolished function, means the coming into force of the repeal or revocation of the provision conferring or imposing the function;

• statutory provision means an enactment contained in—an Act passed before the date on which London Regional Transport is dissolved or in the Session in which that date falls; orsubordinate legislation made before that date or in that Session.

• (2) There may be continued by or in relation to Transport for London anything (including legal proceedings) which relates to an abolished function and is in the process of being done by or in relation to London Regional Transport immediately before the abolition of the function.

• (3) Anything which—

• (a) was made or done by or in relation to London Regional Transport for the purposes of or in connection with an abolished function, and

• (b) is in effect immediately before the abolition of the function,

shall have effect as if made or done by or in relation to Transport for London.

• (4) Transport for London shall be substituted for London Regional Transport in any instruments, contracts or legal proceedings which relate to an abolished function and which were made or commenced before the abolition of the function.

• (5) Subsections (2) to (4) above do not apply in relation to an abolished function to the extent that the repeal or revocation of the statutory provision by which the function was conferred or imposed comes into force on terms which provide otherwise.

• (6) Any reference in this section to anything made or done by or in relation to London Regional Transport includes a reference to anything which by virtue of any enactment is treated as having been made or done by or in relation to London Regional Transport.

Transfer of former functions of LTE, records and relics.

301

• (1) Any functions of the London Transport Executive established under section 4 of the Transport (London) Act 1969 which, by virtue of section 67(1) of the London Regional Transport Act 1984 are exercisable by London Regional Transport, shall instead be exercisable by Transport for London.

• (2) In section 144 of the Transport Act 1968 (transfer and disposal of historical records and relics) for London Regional Transport in each place where it occurs there shall be substituted “ Transport for London ”.

Dissolution of London Regional Transport.

302

When the Secretary of State is satisfied that provision has been made for the transfer of all property, rights and liabilities of London Regional Transport, he may by order provide for the dissolution of London Regional Transport.

Interpretation of Chapter XVI.

303

In this Chapter—

• transfer programme has the meaning given by section 297(1) above;

• the transitional period has the meaning given by section 298(9) above.

Part V — The London Development Agency

Appointment of members by the Mayor.

304

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Delegation of functions by Ministers to the Mayor.

305

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The London Development Agency strategy.

306

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Secretary of State’s functions in relation to the strategy.

307

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Audit.

308

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Further amendments of the Regional Development Agencies Act 1998.

309

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Part 5A — Health

The Health Adviser and the Deputy Health Advisers

The Health Adviser

309A

• (1) There shall be an officer to be known as the Health Adviser to the Greater London Authority (“the Health Adviser”).

• (2) It shall be the function of the Health Adviser to provide any person falling within subsection (3) below with advice in relation to any of the following—

• (a) anything that appears to the Health Adviser to be a major health issue,

• (b) the performance of any person's functions under or by virtue of this Act, so far as relating to health,

• (c) the implementation of the provisions of this Act which impose duties in relation to health inequalities between persons living in Greater London (see, in particular, sections 30, 41 and 309E to 309H).

• (3) The persons are—

• (a) the Authority,

• (b) the Mayor,

• (c) any Assembly member,

• (d) any functional body.

• (4) The Health Adviser shall also have such other functions as may be conferred or imposed on him by or under this Act or any other Act (whenever passed).

• (5) Any function exercisable by the Health Adviser is also exercisable by a Deputy Health Adviser (see section 309C) if or to the extent that the Health Adviser so authorises, whether generally or specially, and subject to any conditions imposed by the Health Adviser.

• (6) Any authorisation under subsection (5) above—

• (a) must be in writing, and

• (b) may be varied or revoked, in writing, at any time by the Health Adviser.

The Health Adviser: identity and appointment

309B

• (1) The person who is the Health Adviser at any time is to be the person who at that time is in the employment of the Civil Service of the State in the post of Regional Director of Public Health for London.

• (2) If there ceases to be a post in the Civil Service of the State known as Regional Director of Public Health for London, any reference in this section to that post is to be taken as a reference to that post in the Civil Service of the State which corresponds, or most closely corresponds, to that of Regional Director of Public Health for London.

• (3) If any question arises as to which one of two or more persons is to be the Health Adviser, the Secretary of State may designate one of them to be the Health Adviser.

• (4) If there ceases to be any post in the Civil Service of the State which corresponds, or reasonably closely corresponds, to that of Regional Director of Public Health for London, subsection (5) below applies.

• (5) In any such case, the Health Adviser is to be such person as the Secretary of State may appoint from among persons who appear to him to meet the conditions in subsection (6) below.

• (6) The conditions are that the person—

• (a) is in the employment of the Civil Service of the State or is employed in the National Health Service, and

• (b) in either case, holds a senior post in which he has strategic responsibilities for public health throughout Greater London.

• (7) If at any time a person appointed under subsection (5) above ceases to hold the post mentioned in subsection (6)(b) above, then at that time he also ceases to be the Health Adviser.

• (8) Nothing in this section implies that a person who ceases to be the Health Adviser at any time may not again be the Health Adviser at any subsequent time.

• (9) The functions of the Health Adviser at any time are functions of his in the course of his employment at that time in the Civil Service of the State or, as the case may be, in the National Health Service.

The Deputy Health Advisers

309C

• (1) There shall also be one or more officers to be known as Deputy Health Advisers to the Greater London Authority (“Deputy Health Advisers”).

• (2) The Secretary of State is to appoint one of the Deputy Health Advisers to exercise the functions of the Health Adviser at any time when—

• (a) there is a vacancy in the position of Health Adviser, or

• (b) the person who is the Health Adviser is incapable of discharging the functions of Health Adviser.

• (3) Any of the Deputy Health Advisers may exercise functions of the Health Adviser at any time when he is authorised to do so by virtue of an authorisation given by the Health Adviser under subsection (5) of section 309A above.

• (4) Any exercise of a function by a Deputy Health Adviser by virtue only of such an authorisation must be in accordance with the authorisation and any conditions imposed by the Health Adviser under that subsection.

• (5) A Deputy Health Adviser shall also have such other functions as may be conferred or imposed on him by or under this Act or any other Act (whenever passed).

Deputy Health Advisers: identity and appointment

309D

• (1) The persons who are Deputy Health Advisers at any time are to be the persons who at that time are in the employment of the Civil Service of the State in any of the posts of Deputy Regional Director of Public Health for London.

• (2) If there cease to be any posts in the Civil Service of the State known as Deputy Regional Director of Public Health for London, any reference in this section to those posts is to be taken as a reference to the post or posts in the Civil Service of the State which correspond, or most closely correspond, to the posts of Deputy Regional Director of Public Health for London.

• (3) If any question arises as to which of two or more persons are to be the Deputy Health Advisers, the Secretary of State may designate one or more of them to be the Deputy Health Advisers.

• (4) If there cease to be any posts in the Civil Service of the State which correspond, or reasonably closely correspond, to that of Deputy Regional Director of Public Health for London, subsection (5) below applies.

• (5) In any such case, the Deputy Health Advisers are to be such one or more persons as the Secretary of State may appoint from among persons who appear to him to meet the conditions in subsection (6) below.

• (6) The conditions are that the person is not the Health Adviser but—

• (a) is in the employment of the Civil Service of the State or is employed in the National Health Service, and

• (b) in either case, holds a senior post in which he has strategic responsibilities for public health throughout Greater London.

• (7) If at any time a person appointed under subsection (5) above ceases to hold the post mentioned in subsection (6)(b) above, then at that time he also ceases to be a Deputy Health Adviser.

• (8) Nothing in this section implies that a person who ceases to be a Deputy Health Adviser at any time may not again be a Deputy Health Adviser at any subsequent time.

• (9) The functions of a Deputy Health Adviser at any time are functions of his in the course of his employment at that time in the Civil Service of the State or, as the case may be, in the National Health Service.

The health inequalities strategy

The Mayor's health inequalities strategy

309E

• (1) The Mayor shall prepare and publish a document to be known as the “health inequalities strategy”.

• (2) The strategy shall contain the Mayor's proposals and policies for promoting the reduction of health inequalities between persons living in Greater London.

• (3) The proposals and policies are to be addressed to the mitigation of differences in general health determinants (see section 309F(5)).

• (4) The strategy must—

• (a) identify any issues that appear to the Mayor to be major health issues where there are health inequalities between persons living in Greater London,

• (b) identify those inequalities,

• (c) specify priorities for reducing those inequalities,

• (d) describe the role to be performed by any relevant body or person for the purpose of implementing the strategy.

• (5) For the purposes of this section, each of the following are relevant bodies or persons—

• (a) the Authority,

• (b) any functional body,

• (c) any London borough council,

• (d) the Common Council,

• (e) the Health Adviser,

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ga) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,

• (gb) NHS England,

• (gc) any integrated care board (established under section 14Z25 of the National Health Service Act 2006) for an area wholly or partly in Greater London,

• (h) any National Health Service trust any or all of whose hospitals, establishments or facilities are situated in Greater London (see section 25 of the National Health Service Act 2006),

• (i) any NHS foundation trust any or all of whose hospitals, establishments or facilities are situated in Greater London (see Chapter 5 of Part 2 of the National Health Service Act 2006),

and any body or person not falling within any of the preceding paragraphs which appears to the Mayor to have responsibilities in relation to Greater London, or any part of Greater London, with respect to any of the matters that are general health determinants.

• (6) Section 309F makes provision as to the meaning of “health inequalities between persons living in Greater London” for the purposes of this Act.

• (7) Section 309G contains supplementary provision with respect to the preparation and revision of the strategy.

• (8) Section 309H makes provision for directions by the Secretary of State.

“Health inequalities between persons living in Greater London”

309F

• (1) Any reference in this Act to health inequalities between persons living in Greater London is to be read in accordance with this section.

• (2) For that purpose—

• (a) subsection (3) makes provision as to the meaning of “between persons living in Greater London”, and

• (b) subsection (4), as read with subsection (5), makes provision as to the meaning of “health inequalities”.

• (3) Any reference to health inequalities “between persons living in Greater London” is a reference to health inequalities between persons, or persons of different descriptions, living in, or in different parts of, Greater London.

• (4) “Health inequalities” means inequalities in respect of life expectancy or general state of health which are wholly or partly a result of differences in respect of general health determinants (see subsection (5)).

• (5) “General health determinants” are—

• (a) standards of housing, transport services or public safety,

• (aa) environmental factors, including air quality and access to green space and bodies of water,

• (b) employment prospects, earning capacity and any other matters that affect levels of prosperity,

• (c) the degree of ease or difficulty with which persons have access to public services,

• (d) the use, or level of use, of tobacco, alcohol or other substances, and any other matters of personal behaviour or lifestyle, that are or may be harmful to health,

and any other matters that are determinants of life expectancy or the state of health of persons generally, other than genetic or biological factors.

Preparation and revision of the strategy: procedural matters

309G

• (1) In preparing or revising the health inequalities strategy the Mayor shall have regard to any guidance given to him by the Secretary of State about the matters which he is to take into account.

• (2) It shall be the duty of the Mayor and the Health Adviser to collaborate and co-operate with each other—

• (a) generally, for the purposes of the preparation or any revision of the health inequalities strategy, and

• (b) in particular, for the purpose of ascertaining the issues that are to be identified in the strategy pursuant to section 309E(4)(a) above.

• (3) For the purpose of discharging the duty imposed on each of them by subsection (2) above, the Mayor and the Health Adviser shall each provide to the other such information as may reasonably be required by the other.

• (4) In preparing or revising the strategy, the Mayor must consult such of the relevant bodies or persons (within the meaning given by section 309E(5) above), except the Authority and any functional body, as appear to him to be likely to be affected by the strategy.

This subsection is without prejudice to section 42(1) above (further duties of Mayor as to consultation).

• (5) The consultation required by subsection (4) above is consultation about—

• (a) the matters to be included, and

• (b) the issues to be taken into account.

• (6) Where the Mayor revises the health inequalities strategy, he shall publish it as revised.

• (7) References in this Act to the health inequalities strategy include a reference to the health inequalities strategy as revised, except where the context otherwise requires.

Directions by the Secretary of State

309H

• (1) Where the Secretary of State considers that—

• (a) the health inequalities strategy (or any part of it) is inconsistent with any national policies of any description, and

• (b) the inconsistency would have a detrimental effect on achieving any or all of the objectives of those policies,

he may direct the Mayor to make such revisions of the strategy in order to remove the inconsistency as may be specified in the direction.

• (2) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall revise the health inequalities strategy in accordance with the direction.

• (3) The Secretary of State must consult the Mayor before giving him a direction under this section.

• (4) Apart from subsection (1) (Mayor to have regard to guidance), nothing in section 309G above applies in relation to a revision of the health inequalities strategy in accordance with a direction under this section.

Part VI — Police and Probation Services

The Metropolitan Police Authority and its police force

Establishment, membership and duty to maintain police force.

310

• (1) After section 5 of the Police Act 1996 there shall be inserted—

(5A) A police force shall be maintained for the metropolitan police district. (5B) (1) There shall be a police authority for the metropolitan police district. (2) The police authority established under this section shall be a body corporate to be known as the Metropolitan Police Authority. (5C) (1) The Metropolitan Police Authority shall consist of twenty three members (subject to subsection (2)). (2) The Secretary of State may by order provide that the number of members of the Metropolitan Police Authority shall be a specified odd number not less than seventeen. (3) Before making an order under subsection (2) which reduces the number of members of the Metropolitan Police Authority, the Secretary of State shall consult— (a) the Greater London Authority; (b) the Metropolitan Police Authority; and (c) the person or body responsible for the appointment of members of the Greater London Magistrates’ Courts Authority under regulations made under section 30B of the Justices of the Peace Act 1997 (which, by virtue of paragraph 5(b) of Schedule 2A to this Act, appoints magistrates to be members of the Metropolitan Police Authority). (4) An order under subsection (2) which reduces the number of members of the Metropolitan Police Authority may include provision as to the termination of the appointment of the existing members of the Metropolitan Police Authority and the making of new appointments or re-appointments. (5) A statutory instrument containing an order under subsection (2) shall be laid before Parliament after being made. (6) Schedules 2A and 3 shall have effect in relation to the Metropolitan Police Authority and the appointment of its members.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assimilation of general functions to those of other police authorities.

311

In section 6 of the Police Act 1996 (general functions of a police authority to include securing the maintenance of an efficient and effective police force for its area) after subsection (4) there shall be inserted—

(5) This section shall apply in relation to the Metropolitan Police Authority as it applies in relation to a police authority established under section 3.

Metropolitan Police Authority to be police authority instead of Secretary of State.

312

• (1) Section 101 of the Police Act 1996 (interpretation) shall be amended as follows.

• (2) In the definition of “police authority”, in paragraph (b), for “Secretary of State” there shall be substituted “ Metropolitan Police Authority ”.

• (3) In the definition of “police fund”—

• (a) in paragraph (a), after “force maintained under section 2” there shall be inserted “ or the metropolitan police force ”, and

• (b) paragraph (b) shall cease to have effect.

Openness.

313

• (1) Section 100J of the Local Government Act 1972 (access to meetings and documents: application of Part VA to certain authorities as to principal councils) shall be amended as follows.

• (2) In subsection (1) (which lists the bodies to which the Part is applied) after paragraph (e) there shall be inserted—

(eza) the Metropolitan Police Authority;

• (3) In subsection (3) (modifications of section 100A(6)(a) relating to council premises in the case of certain bodies specified in paragraphs of subsection (1)) after “(e),” there shall be inserted “ (eza), ”.

• (4) In subsection (4) (application of section 100G(1)(a) relating to registers of members in the case of certain bodies specified in subsection (1)) in paragraph (a), after “Police Act 1996” there shall be inserted “ or the Metropolitan Police Authority ”.

Commissioners and Commanders

General functions of the Commissioner.

314

After section 9 of the Police Act 1996 there shall be inserted—

(9A) (1) The metropolitan police force shall be under the direction and control of the Commissioner of Police of the Metropolis appointed under section 9B. (2) In discharging his functions, the Commissioner of Police of the Metropolis shall have regard to the local policing plan issued by the Metropolitan Police Authority under section 8.

Appointment of Commissioner.

315

After section 9A of the Police Act 1996 there shall be inserted—

(9B) (1) There shall be a Commissioner of Police of the Metropolis. (2) Any appointment of a Commissioner of Police of the Metropolis shall be made by Her Majesty by warrant under Her sign manual. (3) A person appointed as Commissioner of Police of the Metropolis shall hold office at Her Majesty’s pleasure. (4) Any appointment of a Commissioner of Police of the Metropolis shall be subject to regulations under section 50. (5) Before recommending to Her Majesty that She appoint a person as the Commissioner of Police of the Metropolis, the Secretary of State shall have regard to— (a) any recommendations made to him by the Metropolitan Police Authority; and (b) any representations made to him by the Mayor of London. (6) Any functions exercisable by the Mayor of London under subsection (5) may only be exercised by him personally.

Functions of the Deputy Commissioner.

316

After section 9B of the Police Act 1996 there shall be inserted—

(9C) (1) The Deputy Commissioner of Police of the Metropolis may exercise any or all of the powers and duties of the Commissioner of Police of the Metropolis— (a) during any absence, incapacity or suspension from duty of the Commissioner, (b) during any vacancy in the office of the Commissioner, or (c) at any other time, with the consent of the Commissioner. (2) The Deputy Commissioner of Police of the Metropolis shall not have power to act by virtue of subsection (1)(a) or (b) for a continuous period exceeding three months, except with the consent of the Secretary of State. (3) The Deputy Commissioner of Police of the Metropolis shall also have all the powers and duties of an Assistant Commissioner of Police of the Metropolis.

Appointment of Deputy Commissioner.

317

After section 9C of the Police Act 1996 there shall be inserted—

(9D) (1) There shall be a Deputy Commissioner of Police of the Metropolis. (2) Any appointment of a Deputy Commissioner shall be made by Her Majesty by warrant under Her sign manual. (3) A person appointed as the Deputy Commissioner shall hold office at Her Majesty’s pleasure. (4) Any appointment of a Deputy Commissioner shall be subject to regulations under section 50. (5) Before recommending to Her Majesty that She appoint a person as the Deputy Commissioner, the Secretary of State shall have regard to— (a) any recommendations made to him by the Metropolitan Police Authority; and (b) any representations made to him by the Commissioner. (6) In this section— - “the Commissioner” means the Commissioner of Police of the Metropolis; - “Deputy Commissioner” means Deputy Commissioner of Police of the Metropolis.

Removal of Commissioner or Deputy Commissioner.

318

After section 9D of the Police Act 1996 there shall be inserted—

(9E) (1) The Metropolitan Police Authority, acting with the approval of the Secretary of State, may call upon the Commissioner of Police of the Metropolis to retire in the interests of efficiency or effectiveness. (2) Before seeking the approval of the Secretary of State under subsection (1), the Metropolitan Police Authority shall give the Commissioner of Police of the Metropolis an opportunity to make representations and shall consider any representations that he makes. (3) Where the Commissioner of Police of the Metropolis is called upon to retire under subsection (1), he shall retire on such date as the Metropolitan Police Authority may specify or on such earlier date as may be agreed upon between him and the Authority. (4) This section shall apply in relation to the Deputy Commissioner of Police of the Metropolis as it applies to the Commissioner of Police of the Metropolis. (5) This section is without prejudice to— (a) section 9B(3), (b) section 9D(3), (c) any regulations under section 50, or (d) any regulations under the Police Pensions Act 1976.

Appointment, removal and functions of Assistant Commissioners.

319

After section 9E of the Police Act 1996 there shall be inserted—

(9F) (1) The ranks that may be held in the metropolitan police force shall include that of Assistant Commissioner of Police of the Metropolis (“Assistant Commissioner”). (2) Any appointment of an Assistant Commissioner shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50. (3) Subsections (1) to (3) of section 9E shall apply in relation to an Assistant Commissioner as they apply to the Commissioner of Police of the Metropolis. (4) Subsection (3) is without prejudice to— (a) any regulations under section 50, or (b) any regulations under the Police Pensions Act 1976. (5) An Assistant Commissioner may exercise any of the powers and duties of the Commissioner of Police of the Metropolis with the consent of the Commissioner. (6) Subsection (5) is without prejudice to any regulations under section 50.

Appointment and removal of Commanders.

320

After section 9F of the Police Act 1996 there shall be inserted—

(9G) (1) The ranks that may be held in the metropolitan police force shall include that of Commander. (2) Any appointment of a Commander in the metropolitan police force shall be made by the Metropolitan Police Authority, but subject to the approval of the Secretary of State and to regulations under section 50. (3) Subsections (1) to (3) of section 9E shall apply in relation to a Commander in the metropolitan police force as they apply to the Commissioner of Police of the Metropolis. (4) Subsection (3) is without prejudice to— (a) any regulations under section 50, or (b) any regulations under the Police Pensions Act 1976.

Continuation in post of Commissioners and Commanders.

321

• (1) Any appointment of a person as the Commissioner of Police of the Metropolis under section 1 of the Metropolitan Police Act 1829 which is in force immediately before the coming into force of section 315 above shall have effect as from the coming into force of that section as the appointment of that person as the Commissioner of Police of the Metropolis under and in accordance with section 9B of the Police Act 1996.

• (2) If, immediately before the coming into force of section 317 above, there is in force in respect of a person who is one of the Assistant Commissioners of Police of the Metropolis an authorisation under section 8 of the Metropolitan Police Act 1856 (authorisation of one of the Assistant Commissioners to act as Commissioner in case of vacancy, illness or absence) that person shall be taken, as from the coming into force of section 317 above, to have been appointed as the Deputy Commissioner of Police of the Metropolis u der and in accordance with section 9D of the Police Act 1996.

• (3) Any appointment of a person (other than a person in relation to whom subsection (2) above has effect) as an Assistant Commissioner of Police of the Metropolis under section 2 of the Metropolitan Police Act 1856 which is in force immediately before the coming into force of section 319 above shall have effect as from the coming into force of that section as the appointment of that person as an Assistant Commissioner of Police of the Metropolis under and in accordance with section 9F of the Police Act 1996.

• (4) Any appointment of a person as a Commander in the metropolitan police force which is in force immediately before the coming into force of section 320 above shall have effect as from the coming into force of that section as the appointment of that person as a Commander under and in accordance with section 9G of the Police Act 1996.

Other members

Other members of the metropolitan police force.

322

After section 9G of the Police Act 1996 there shall be inserted—

(9H) (1) The ranks that may be held in the metropolitan police force shall be such as may be prescribed by regulations under section 50. (2) The ranks so prescribed in the case of the metropolitan police force shall include, in addition to the ranks of— (a) Commissioner of Police of the Metropolis, (b) Deputy Commissioner of Police of the Metropolis, (c) Assistant Commissioner of Police of the Metropolis, and (d) Commander, those of superintendent, chief inspector, inspector, sergeant and constable. (3) In the metropolitan police force, appointments and promotions to any rank below that of Commander shall be made in accordance with regulations under section 50 by the Commissioner of Police of the Metropolis.

The metropolitan police district

Alteration of the metropolitan police district.

323

In section 76 of the London Government Act 1963, for subsection (1) (which defines the metropolitan police district so as to include certain areas of Essex, Hertfordshire and Surrey) there shall be substituted—

(1) The metropolitan police district shall consist of Greater London, excluding the City of London, the Inner Temple and the Middle Temple.

Secondments to meet demands caused by the boundary change.

324

• (1) The Commissioner of Police of the Metropolis may, on the application of the chief officer of police of a police force maintained under section 2 of the Police Act 1996 for the police area of Essex, Hertfordshire or Surrey, provide for that force constables from the metropolitan police force.

• (2) An application under subsection (1) above may only be made for the purpose of, or otherwise in connection with, meeting the demands placed, or reasonably expected to be placed, on the resources of the police force in question in consequence of the change effected as a result of section 323 above in the police area for which that force is maintained.

• (3) While a constable is provided under this section for a police force, he shall be under the direction and control of the chief officer of police of that force, notwithstanding section 9A(1) of the Police Act 1996 (metropolitan police force to be under the direction and control of the Commissioner) or any other enactment relating to the direction or control of the metropolitan police force.

• (4) The police authority maintaining a police force for which constables are provided under this section shall pay to the police authority maintaining the metropolitan police force such contribution as may be agreed upon between those authorities or, in the absence of any such agreement, as may be provided by any agreement subsisting at the time between all police authorities generally, or, in the absence of such general agreement, as may be determined by the Secretary of State.

• (5) This section is without prejudice to any other power of a chief officer of police to provide constables or other assistance to another police force.

• (6) Expressions used in this section and in the Police Act 1996 have the same meaning in this section as they have in that Act.

Miscellaneous police amendments

Further amendments relating to metropolitan police etc.

325

Schedule 27 to this Act (which makes further amendments relating to the metropolitan police etc) shall have effect.

The probation service

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

326

The Receiver for the Metropolitan Police District

Abolition of office of Receiver.

327

• (1) When the Secretary of State is satisfied that—

• (a) provision has been made such that no statutory functions remain, or are to remain, exercisable by the Receiver (whether as a consequence of provision made by or under this Act, the Access to Justice Act 1999 or any other enactment whenever passed), and

• (b) provision has been made for the transfer of all property, rights and liabilities of the Receiver (whether under Part XII below or by or under the Access to Justice Act 1999 or any other enactment whenever passed),

the Secretary of State may by order provide for the abolition of the office of the Receiver.

• (2) In subsection (1) above references to the Receiver are references to the Receiver for the Metropolitan Police District.

Part 6A — The London Fire Commissioner

The London Fire Commissioner

327A

• (1) There is to be a London Fire Commissioner.

• (2) The London Fire Commissioner is a corporation sole.

• (3) The Mayor is to appoint the London Fire Commissioner.

• (4) The London Fire Commissioner has—

• (a) the functions of the fire and rescue authority for Greater London under the Fire and Rescue Services Act 2004, and

• (b) the other functions conferred on the Commissioner by or by virtue of any other enactment.

• (5) The London Fire Commissioner must secure that the London Fire and Rescue Service is efficient and effective.

• (6) In subsection (5) “the London Fire and Rescue Service” means the personnel, services and equipment secured by the London Fire Commissioner for the purposes of the carrying out of the Commissioner's functions under—

• (a) section 6 of the Fire and Rescue Services Act 2004 (fire safety),

• (b) section 7 of that Act (fire-fighting),

• (c) section 8 of that Act (road traffic accidents),

• (d) any order under section 9 of that Act (emergencies) which applies to the Commissioner, or

• (e) any other provision of or made under an enactment which confers functions on a fire and rescue authority.

• (7) The Mayor must hold the London Fire Commissioner to account for the exercise of the Commissioner's functions.

• (8) Schedule 27A makes further provision about the London Fire Commissioner.

Disqualification for appointment as London Fire Commissioner

327B

• (1) A person may not be appointed as the London Fire Commissioner unless the person has reached the age of 18.

• (2) A person is disqualified from being appointed as, or being, the London Fire Commissioner if the person is a member of the Assembly or a London borough council.

• (3) A person is disqualified from being appointed as, or being, the London Fire Commissioner if—

• (a) the person is the subject of—

• (i) a debt relief restrictions order under paragraph 1 of Schedule 4ZB to the Insolvency Act 1986,

• (ii) an interim debt relief restrictions order under paragraph 5 of that Schedule,

• (iii) a bankruptcy restrictions order under paragraph 1 of Schedule 4A to that Act, or

• (iv) a bankruptcy restrictions interim order under paragraph 5 of that Schedule,

• (b) a debt relief restrictions undertaking has effect in respect of the person under paragraph 7 of Schedule 4ZB to that Act,

• (c) the person has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any imprisonable offence (whether or not sentenced to a term of imprisonment in respect of the offence), or

• (d) the person is incapable of being elected as a member of the House of Commons, or is required to vacate a seat in the House of Commons, under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices).

• (4) For the purposes of subsection (3)(c) “an imprisonable offence” means an offence—

• (a) for which a person who has reached the age of 18 may be sentenced to a term of imprisonment, or

• (b) for which, in the case of such a person, the sentence is fixed by law as life imprisonment.

• (5) For the purposes of subsection (3)(c) a person is to be treated as having been convicted—

• (a) on the expiry of the ordinary period allowed for an appeal or application in respect of the conviction, or

• (b) if an appeal or application is made in respect of the conviction, when the appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution.

Suspension and removal of London Fire Commissioner

327C

• (1) The Mayor may with the approval of the Secretary of State suspend the London Fire Commissioner from duty.

• (2) If the Mayor suspends the London Fire Commissioner from duty, the Mayor must notify the Secretary of State of the suspension.

• (3) The Mayor may, subject to subsections (5) and (6), and with the approval of the Secretary of State, call upon the London Fire Commissioner to resign or retire.

• (4) The London Fire Commissioner must resign or retire if called upon to do so in accordance with subsection (3).

• (5) Before calling upon the London Fire Commissioner to resign or retire, the Mayor must—

• (a) give the Commissioner a written explanation of the reasons why the Mayor is proposing to call for the Commissioner's resignation or retirement,

• (b) give the Commissioner the opportunity to make written representations about the proposal to call for the Commissioner's resignation or retirement, and

• (c) consider any written representations made by the Commissioner.

• (6) The Mayor must comply with subsection (5) before seeking the approval of the Secretary of State to call upon the London Fire Commissioner to resign or retire.

Directions etc by the Mayor

327D

• (1) The Mayor may issue to the London Fire Commissioner—

• (a) guidance as to the manner in which the Commissioner is to exercise the Commissioner's functions,

• (b) general directions as to the manner in which the Commissioner is to exercise the Commissioner's functions, or

• (c) specific directions as to the exercise of the Commissioner's functions.

• (2) Directions issued by the Mayor under subsection (1)(c) above may include a direction not to exercise a power specified in the direction.

• (3) The guidance or directions which may be issued by the Mayor under subsection (1) above include guidance or directions as to the manner in which the London Fire Commissioner—

• (a) is to perform any of the Commissioner's duties, or

• (b) is to conduct any legal proceedings.

• (4) In exercising any power conferred by this section, the Mayor must have regard to—

• (a) the Fire and Rescue National Framework, and

• (b) fire safety enforcement guidance.

• (5) In this section—

• “the Fire and Rescue National Framework” means the Fire and Rescue National Framework prepared under section 21 of the Fire and Rescue Services Act 2004;

• “fire safety enforcement guidance” means guidance under article 26 (enforcement) of the Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) given by the Secretary of State to the London Fire Commissioner in the Commissioner's capacity as an enforcing authority for the purposes of that Order.

Directions to the Mayor by the Secretary of State

327E

• (1) This section applies if the Secretary of State thinks that any guidance or directions (“the inconsistent guidance or directions”) issued under section 327D by the Mayor are inconsistent with—

• (a) the Fire and Rescue National Framework, or

• (b) fire safety enforcement guidance.

• (2) In order to remove the inconsistency, the Secretary of State may direct the Mayor—

• (a) to make such revisions of the inconsistent guidance or directions as may be specified by the Secretary of State in the direction, or

• (b) if the inconsistency arises from a specific direction under section 327D(1)(c) above, to revoke the direction.

• (3) Any direction given by the Secretary of State under subsection (2) above must specify or otherwise identify the inconsistency in question.

• (4) The Mayor must comply with any direction under subsection (2) above.

• (5) In this section “the Fire and Rescue National Framework” and “fire safety enforcement guidance” have the same meanings as in section 327D.

The Deputy Mayor for Fire

327F

• (1) The Mayor may arrange for the Deputy Mayor for Fire to exercise any function of the Mayor relating to fire and rescue.

• (2) In this Part “the Deputy Mayor for Fire” means—

• (a) a person who has been appointed by the Mayor under section 67(1)(b) as the Deputy Mayor for Fire, or

• (b) a person who has been appointed by the Mayor under section 67(1)(b) and designated by the Mayor as the Deputy Mayor for Fire.

• (3) In subsection (1) the reference to the functions of the Mayor relating to fire and rescue are to the Mayor's functions under—

• (a) section 327A(7) (duty to hold London Fire Commissioner to account), and

• (b) section 327D(1) (power to give guidance and directions to the London Fire Commissioner).

• (4) Section 327E applies in relation to the exercise of functions under section 327D(1) by the Deputy Mayor for Fire as it applies in relation to their exercise by the Mayor.

Scrutiny of documents prepared by London Fire Commissioner

327G

• (1) This section applies to a document which is prepared and published by the London Fire Commissioner in accordance with the Fire and Rescue National Framework and which—

• (a) sets out the Commissioner's priorities and objectives, for the period covered by the document, in connection with the discharge of the Commissioner's functions, or

• (b) contains a statement of the way in which the Commissioner has had regard, in the period covered by the document, to the Framework and to any document within paragraph (a) prepared by the Commissioner for that period.

• (2) The Commissioner must, before publishing the document or any revision to it, send a copy of the document or revision in draft to the Mayor and the Assembly.

• (3) The Commissioner may not publish the document or any revision to it unless—

• (a) the Assembly has had an opportunity to review the draft document or revision, and make a report on it to the Mayor, under section 327I(1), and

• (b) the Mayor has approved the draft document or revision.

• (4) In this section “the Fire and Rescue National Framework” has the same meaning as in section 327D.

The Assembly fire and emergency committee

327H

• (1) The Assembly must arrange for the functions referred to in subsection (2) to be discharged on its behalf by a particular committee of the Assembly (“the fire and emergency committee”).

• (2) Those functions (“the fire and emergency committee functions”) are—

• (a) the functions conferred on the Assembly by section 327I, and

• (b) the functions conferred on the Assembly by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire.

• (3) The Assembly may not arrange for the fire and emergency committee functions to be discharged on its behalf otherwise than in accordance with subsection (1).

• (4) The Assembly may not arrange for any of its other functions to be discharged by the fire and emergency committee.

• (5) The special scrutiny functions may only be exercised at a meeting of the whole committee; but that is without prejudice to rules of procedure about the quorum of a meeting of the whole committee.

• (6) Any provision made by or by virtue of an enactment which applies to committees of the Assembly, apart from the excluded provisions, applies to the fire and emergency committee as if the fire and emergency committee functions were to be discharged by the committee by virtue of arrangements under section 54(1)(a).

• (7) In subsection (6) “the excluded provisions” means—

• (a) section 54(5), so far as it provides for the Assembly to retain power to exercise functions delegated to a committee, and

• (b) section 55 (Assembly committees and sub-committees).

• (8) Any provision made by or by virtue of an enactment which confers, or relates to, the fire and emergency committee functions is to be read with the appropriate modifications; in particular—

• (a) references to the Assembly are to be read as references to the fire and emergency committee, and

• (b) references to proceedings of the Assembly are to be read as references to proceedings of the fire and emergency committee.

• (9) For the purposes of subsection (8), references to the fire and emergency committee include references to a sub-committee or member (if any) by whom functions are to be discharged in accordance with section 54(3).

• (10) The following provisions apply to the fire and emergency committee—

• (a) the number of members of the committee, and their term of office, are to be fixed by the Assembly;

• (b) persons who are not members of the Assembly may be members of the committee.

• (11) The following provisions apply to any sub-committee by which fire and emergency committee functions are to be discharged—

• (a) the number of members of the sub-committee, and their term of office, are to be fixed by the fire and emergency committee;

• (b) persons who are not members of the Assembly may be members of the sub-committee.

• (12) The fire and emergency committee functions must be exercised with a view to supporting the effective exercise of the functions of the London Fire Commissioner.

• (13) In this section “special scrutiny functions” means the functions conferred—

• (a) by section 327I(1), or

• (b) by section 60A and Schedule 4A in relation to the appointment of the London Fire Commissioner and the Deputy Mayor for Fire.

Functions to be discharged by the fire and emergency committee

327I

• (1) The Assembly must—

• (a) review any draft document or revision given to the Assembly by the London Fire Commissioner under section 327G(2), and

• (b) make a report or recommendations on the draft document or revision to the Mayor.

• (2) The Assembly must keep under review the exercise of the functions of the London Fire Commissioner, insofar as the Assembly is not otherwise required to do so by the other provisions of this section or by Schedule 4A.

• (3) For the purposes of subsection (2), the powers of the Assembly include, in particular, power to investigate, and prepare reports about—

• (a) any actions and decisions of the London Fire Commissioner,

• (b) any actions and decisions of an officer of the London Fire Commissioner,

• (c) matters relating to the functions of the London Fire Commissioner,

• (d) matters in relation to which the functions of the London Fire Commissioner are exercisable, or

• (e) any other matters which the Assembly considers to be of importance to fire and rescue services in Greater London.

• (4) The Assembly may investigate, and prepare reports about, the actions and decisions of the Deputy Mayor for Fire.

• (5) The Assembly may submit proposals to the London Fire Commissioner.

• (6) The Assembly may require a person referred to in subsection (7)—

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

• (b) to produce to the Assembly documents in the person's possession or under the person's control.

• (7) Those persons are—