Greater London Authority Act 2007

Part 1 — General functions of the Authority

Payments on loss of office

Payments on ceasing to hold office as Mayor or Assembly member

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• (1) After section 26 of the GLA Act 1999 (pensions) insert—

(26A) (1) The Authority may establish and administer such schemes as it may from time to time determine for the making of payments to or in respect of persons on their ceasing to hold office as the Mayor or as an Assembly member. (2) The power conferred by subsection (1) above includes power to make different provision for different cases. (3) The Authority's functions under subsection (1) above are exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority. (4) The standing orders of the Assembly must include provision for the publication of every determination under this section. (5) A determination under this section does not affect benefits in payment under this section before the making of the determination.

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• (2) In section 27 of the GLA Act 1999 (publication of information relating to sums paid under sections 24 and 26) for “and 26” substitute “ , 26 and 26A ”.

• (3) In consequence of the amendments made by this section, the italic heading preceding section 24 of the GLA Act 1999 becomes “ Salaries, expenses, pensions and other payments ”.

The Mayor's strategies

Consultation

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• (1) In section 42 of the GLA Act 1999 (consultation) for subsection (5) (duty to consult Assembly and functional bodies first) substitute—

(5) Section 42A below supplements subsection (1) above (but see subsection (6) below).

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• (2) After section 42 of the GLA Act 1999 insert—

(42A) (1) This section supplements section 42(1) above. (2) The Mayor must consult the Assembly and the functional bodies under section 42(1)(a) and (b) above before consulting other bodies or persons under section 42(1)(c) to (e) above. (3) The Mayor must have regard to any comments submitted to him in response by the Assembly or any of the functional bodies. (4) Before consulting under section 42(1)(c) to (e) above, the Mayor must— (a) prepare a statement in accordance with the following provisions of this section, and (b) submit that statement to the Chair of the Assembly. (5) The statement must— (a) identify which of the comments submitted by the Assembly are accepted by the Mayor for implementation in the strategy, and (b) set out the reasons why any comments so submitted are not so accepted. (6) The statement must be in writing.

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• (3) In section 376 of the GLA Act 1999 (the Mayor's culture strategy) in subsection (8)(b) (which refers to section 42(5)) for “reference in subsection (5) of that section” substitute “ references in subsections (2) and (3) of section 42A above ”.

The Assembly

Directions etc by the Mayor

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• (1) Section 45 of the GLA Act 1999 (the Mayor's periodic report to the Assembly) is amended as follows.

• (2) In subsection (1) (which requires the Mayor to submit a report at least three days before the first, and each monthly, meeting of the Assembly) for “three”, in both places, substitute “ 5 ”.

Local development schemes

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• (1) After section 60 of the GLA Act 1999 (general functions of the Assembly: proposals to the Mayor) insert—

(60A) (1) Schedule 4A to this Act (confirmation hearings etc) has effect in any case where this section applies. (2) This section applies in any case where the Mayor proposes to make an appointment to any of the offices specified in subsection (3) below. (3) The offices are— - chairman, or deputy chairman, of Transport for London (see section 154 and paragraph 3 of Schedule 10); - chairman, or deputy chairman, of the London Development Agency (see section 2 of the Regional Development Agencies Act 1998, as amended by section 304 below); - chairman, or vice chairman, of the Metropolitan Police Authority (but see subsection (4) below); - chairman of the London Fire and Emergency Planning Authority (see section 328 and paragraph 3 of Schedule 28); - chair of the Cultural Strategy Group (see section 375 and paragraph 3 of Schedule 30); - chairman, or deputy chairman, of the London Pensions Fund Authority (see section 403). (4) Any reference in subsection (3) above to the chairman, or vice chairman, of the Metropolitan Police Authority has effect only in relation to appointments falling to be made after the function of making the appointment has become a function of the Mayor. (5) The Secretary of State may by order amend this section for the purpose of specifying further offices in subsection (3) above. (6) The Secretary of State must consult— (a) the Mayor, and (b) the Assembly, before making an order under subsection (5) above.

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• (2) After Schedule 4 to the GLA Act 1999 insert the Schedule 4A set out in Schedule 1 to this Act.

• (3) In section 420 of the GLA Act 1999 (regulations and orders) in the list of provisions in subsection (8) (orders subject to negative resolution Parliamentary procedure) insert each of the following at the appropriate place— “ section 60A(5); ”; “ paragraph 8(2) of Schedule 4A; ”.

Power to require attendance at Assembly meetings: time limits

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• (1) Section 61 of the GLA Act 1999 (power to require attendance at Assembly meetings) is amended as follows.

• (2) In each of the provisions specified in subsection (3) below (which describe persons who may be required to attend, and which mention a period of three years prior to the date of the requirement) for “three years” substitute “ 8 years ”.

• (3) The provisions are—

• (a) subsection (2)(c) (chairman or member of functional body within that period);

• (b) subsection (3)(a) and (b) (persons, or members or staff of bodies, that had contractual relationships with the Authority within that period);

• (c) subsection (4)(a) and (b) (persons, or members or staff of bodies, that received grants from the Authority within that period);

• (d) subsection (5)(b) and (c) (persons who have been Assembly members or Mayor within that period).

Annual report by the Assembly

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After section 65 of the GLA Act 1999 insert—

(65A) (1) As soon as reasonably practicable after the end of each financial year the Assembly shall prepare a report on the exercise of its functions during the year (an “annual report”). (2) An annual report shall include a statement of what the Assembly considers that it has achieved during the year. (3) As soon as reasonably practicable after preparing an annual report, the Assembly — (a) shall send a copy of the report to the Mayor, and (b) when it has done that, shall publish the report. (4) A copy of the annual report sent to the Mayor shall be kept available for the appropriate period by the Assembly for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours. (5) A copy of the annual report sent to the Mayor, or any part of that report, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Assembly may determine. (6) 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.

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Officers and staff

Staff appointed under section 67(2) of the GLA Act 1999

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• (1) In section 67 of the GLA Act 1999 (appointment of staff) for subsection (2) substitute—

(2) The head of the Authority's paid service, after consultation with the Mayor and the Assembly, and having regard, in particular, to— (a) the resources available, and (b) the priorities of the Authority, may appoint such staff as he considers necessary for the proper discharge of the functions of the Authority.

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• (2) In section 70(2) of the GLA Act 1999 (terms and conditions of employment of persons appointed under section 67(2)) for “as the Assembly, after consultation with the Mayor, thinks fit” substitute “ as the head of the Authority's paid service, after consultation with the Mayor and the Assembly, thinks fit ”.

• (3) In section 72(5)(a) of the GLA Act 1999 (head of paid service: discharge of duty as to provision of staff) for “shall be discharged by the Assembly” substitute “ shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly ”.

• (4) In section 73(5)(a) of the GLA Act 1999 (monitoring officer: discharge of duty as to provision of staff) for “shall be discharged by the Assembly” substitute “ shall be discharged by the head of the Authority's paid service after consultation with the Mayor and the Assembly ”.

• (5) Where this section amends any provision relating to the appointment of a person as a member of the staff of the Authority, appointments made under that provision before the commencement day and in force on that day have effect on and after that day as if made under the provision as amended.

• (6) Where this section amends any provision relating to the terms and conditions of employment of any such person, the terms and conditions of employment of the person that are in force on the commencement day have effect on and after that day as if imposed under the provision as amended.

• (7) In this section “the commencement day” means the day on which the amendment in question comes into force.

Head of paid service

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• (1) Section 72 of the GLA Act 1999 (head of paid service) is amended as follows.

• (2) For subsection (1) substitute—

(1) The Mayor and the Assembly, acting jointly, shall appoint a person to be head of the Authority's paid service. (1A) Section 4 of the Local Government and Housing Act 1989 (designation and reports of head of paid service) shall apply in relation to the Authority as if— (a) the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section; (b) the Authority were a relevant authority for the purposes of that section; and (c) the Mayor and Assembly members were members of that authority. (1B) Any appointment under subsection (1) above is an appointment as an employee of the Authority and— (a) section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority; (b) section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority. (1C) The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.

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• (3) For subsection (2) substitute—

(2) A person must not at the same time be both— (a) the head of the Authority's paid service appointed under subsection (1) above, and (b) a member of staff appointed under section 67(1) above.

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• (4) In subsection (3) for “subsection (1)” substitute “ subsection (1A) ”.

• (5) Omit subsection (4) (appointment).

• (6) After subsection (10) insert—

(11) The head of the Authority's paid service may arrange for a member of staff of the Authority, other than a member of staff appointed under section 67(1) above, to exercise on his behalf any function exercisable by the head of paid service under section 67(2) or 70(2) above.

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• (7) Where this section amends any provision relating to the appointment of a person as head of the Authority's paid service, any appointment made under the provision before the commencement day and in force on that day has effect on and after that day as if made under the provision as amended.

• (8) Where this section amends any provision relating to the terms and conditions of employment of any such person, the terms and conditions of employment of the person that are in force on the commencement day have effect on and after that day as if imposed under the provision as amended.

• (9) In this section “the commencement day” means the day on which the amendment in question comes into force.

Monitoring officer

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• (1) Section 73 of the GLA Act 1999 (monitoring officer) is amended as follows.

• (2) For subsection (1) substitute—

(1) The Mayor and the Assembly, acting jointly, shall appoint a person to be the Authority's monitoring officer. (1A) Section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer) shall apply in relation to the Authority as if— (a) the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section; (b) the Authority were a relevant authority for the purposes of that section; and (c) the Mayor and Assembly members were members of that authority. (1B) Any appointment under subsection (1) above is an appointment as an employee of the Authority and— (a) section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority; (b) section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority. (1C) The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit.

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• (3) For subsection (2) substitute—

(2) A person must not at the same time be both— (a) the Authority's monitoring officer appointed under subsection (1) above, and (b) a member of staff appointed under section 67(1) above.

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• (4) In subsection (3) for “subsection (1)” substitute “ subsection (1A) ”.

• (5) Omit subsection (4) (appointment).

• (6) Where this section amends any provision relating to the appointment of a person as the Authority's monitoring officer, any appointment made under the provision before the commencement day and in force on that day has effect on and after that day as if made under the provision as amended.

• (7) Where this section amends any provision relating to the terms and conditions of employment of any such person, the terms and conditions of employment of the person that are in force on the commencement day have effect on and after that day as if imposed under the provision as amended.

• (8) In this section “the commencement day” means the day on which the amendment in question comes into force.

Chief finance officer

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• (1) In section 127 of the GLA Act 1999 (proper financial administration and chief finance officer) for subsections (5) and (6) substitute—

(5) Section 127A below makes further provision with respect to the Authority's chief finance officer for the purposes of subsection (2)(b) above.

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• (2) After section 127 insert—

(127A) (1) The Mayor and the Assembly, acting jointly, shall appoint a person to be the chief finance officer of the Authority. (2) Any appointment under subsection (1) above is an appointment as an employee of the Authority and— (a) section 7 of the Local Government and Housing Act 1989 (staff to be appointed on merit) shall apply in relation to any such appointment as if the Authority were a local authority; (b) section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to a person appointed under subsection (1) above as if the Authority were a relevant authority. (3) The terms and conditions of employment of the person appointed under subsection (1) above (including conditions as to remuneration) are to be such as the Mayor and the Assembly acting jointly think fit. (4) A person must not at the same time be both— (a) the Authority's chief finance officer appointed under subsection (1) above, and (b) a member of staff appointed under section 67(1) above.

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• (3) Where this section amends any provision relating to the appointment of a person as the chief finance officer of the Authority, any such appointment made before the commencement day and in force on that day has effect on and after that day as if made under the provision as amended.

• (4) Where this section amends any provision relating to the terms and conditions of employment of any such person, the terms and conditions of employment of the person that are in force on the commencement day have effect on and after that day as if imposed under the provision as amended.

• (5) In this section “the commencement day” means the day on which the amendment in question comes into force.

Amendments consequential on sections 8 to 10

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• (1) The GLA Act 1999 is amended as follows.

• (2) In section 45(6) (exemption from requirement to answer questions) after “section 67(1) or (2)” insert “ , 72(1), 73(1) or 127A(1) ”.

• (3) In section 61(10) (exemption from requirement to disclose evidence or documents) after “section 67(1) or (2)” insert “ , 72(1), 73(1) or 127A(1) ”.

• (4) In section 359(2)(a) (confidential information about waste contracts) after “section 67(1) or (2)” insert “ , 72(1), 73(1) or 127A(1) ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In section 424(1) (interpretation), in the definition of “member of staff”, after “section 67(1) or (2)” insert “ , 72(1), 73(1) or 127A(1) ”.

The annual budget

Separate component budgets for Assembly and Mayor

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• (1) Section 85 of the GLA Act 1999 (calculation of component budget requirements) is amended as follows.

• (2) In subsection (3) (which identifies the constituent bodies) for paragraph (a) (the Authority) substitute—

(a) the Assembly, (aa) the Mayor, and

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• (3) After subsection (3) insert—