Greater London Authority Act 1999 (c. 29)

(The document as of February, 2008)

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(b) the Chair of the Assembly shall fill the vacancy so arising by appointing another member of the Assembly to be a member of the Metropolitan Police Authority in place of the Deputy Mayor.

Exercise of Mayor's functions by Chair

18 (1) This paragraph applies in relation to any period (or, as the case may be, the remainder of any period) when the Mayor is temporarily unable to act, if--

(a) at the beginning of that period there is no Deputy Mayor; or

(b) the person who, at the beginning of that period, is the Deputy Mayor gives notice to the proper officer of the Authority, within the permitted time, that he does not wish to exercise the functions of the Mayor pursuant to paragraph 14 above; or

and in paragraph (b) above "the permitted time" means the period of seven days following the day on which notice under paragraph 13(1)(b) above is given to the Deputy Mayor.

(2) Where this paragraph applies--

(a) paragraphs 14 and 15 above shall have effect with the substitution for references to the Deputy Mayor of references to the Chair of the Assembly; and

(b) paragraph 17 above shall be disregarded, but without prejudice to any action taken under paragraph (a) or (b), or required to be taken under paragraph (b), of that paragraph.

(3) If and so long as functions are exercisable by virtue of paragraph 14 above by the Chair of the Assembly, he shall not exercise any of the other functions of Chair of the Assembly.

(4) If and so long as the Chair of the Assembly is precluded by sub-paragraph (3) above from exercising any of his functions, those functions shall be exercisable instead by the Deputy Chair of the Assembly.

(5) If and so long as any functions of the Chair of the Assembly are, by virtue of sub-paragraph (4) above, exercisable by the Deputy Chair of the Assembly, the Deputy Chair of the Assembly shall not exercise any of his other functions.

(6) If and so long as the Deputy Chair of the Assembly is precluded by sub-paragraph (5) above from exercising any of his functions, those functions shall be exercisable instead by a person ("the acting Deputy Chair") elected for the purpose at a meeting of the Assembly from among the Assembly members.

(7) A person must not at the same time hold office as acting Deputy Chair and as Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly.

(8) If the acting Deputy Chair becomes Mayor, Deputy Mayor, Chair of the Assembly or Deputy Chair of the Assembly, a vacancy shall occur in the office of acting Deputy Chair.

Section 77.

SCHEDULE 5 Promotion of Bills in Parliament by the Authority

Preliminary requirements

1 No Bill may be deposited in Parliament by virtue of section 77(1)(a) of this Act until the requirements of paragraphs 2 and 4 below have been complied with.

Consultation on draft Bill

2 (1) The Mayor shall--

(a) prepare a draft of the proposed Bill ("the draft Bill");

(b) send copies of the draft Bill to the bodies specified in sub-paragraph (2) below; and

(2) Those bodies are--

(a) the Assembly;

(b) every London borough council; and

(3) Where the Mayor sends copies of the draft Bill to those bodies pursuant to sub-paragraph (1)(b) above, he shall also give those bodies notice of the time within which, and the place at which, they may make representations about the draft Bill.

Publicity for, and exposure of, the draft Bill

3 (1) Throughout the consultation period, the Mayor shall take such steps as in his opinion will give adequate publicity to the draft Bill.

(2) A copy of the draft Bill shall be kept available by the Mayor for inspection by any person on request free of charge--

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

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

at reasonable hours throughout the consultation period.

(3) A copy of the draft Bill, or of any part of the draft Bill, shall be supplied to any person on request during the consultation period for such reasonable fee as the Mayor may determine.

(4) In this paragraph "the consultation period" means the period which--

(a) begins with the first day after the requirements of paragraph 2(1)(b) above have been complied with; and

(b) ends with the time notified pursuant to paragraph 2(3) above.

Consultation on revised draft Bill

4 (1) If, after considering any representations made about the draft Bill pursuant to paragraph 2 above, the Mayor decides to continue with the proposal for a Bill to be promoted, he shall prepare a revised draft of the proposed Bill ("the revised draft Bill").

(2) The revised draft Bill must be in the form of the draft Bill, either as originally prepared or as modified to take account of--

(a) representations made pursuant to paragraph 2 above;

(b) other representations made within the consultation period; or

(3) After the expiration of at least 30 days from the beginning of the consultation period, the Mayor shall--

(a) send a copy of the revised draft Bill to the Assembly; and

(b) consult the Assembly about it.

(4) Where the Mayor sends a copy of the revised draft Bill to the Assembly pursuant to sub-paragraph (3)(a) above, he shall also give the Assembly notice of the period within which it may make representations to him about the revised draft Bill.

(5) The period specified under sub-paragraph (4) above must be such as will afford the Assembly a reasonable opportunity to consider the revised draft Bill and make representations about it to the Mayor.

(6) In this paragraph "the consultation period" has the same meaning as in paragraph 3 above.

Deposition of the Bill in Parliament

5 If, after the requirements of paragraph 4 above have been complied with, a Bill is deposited in Parliament by virtue of section 77(1)(a) of this Act, that Bill must be in the form of the revised draft Bill, either as originally prepared or as modified to take account of--

(a) representations made by the Assembly pursuant to paragraph 4 above; or

(b) other material considerations.

Bills affecting statutory functions of London local authorities

6 If a Bill proposed to be deposited in Parliament by virtue of section 77(1)(a) of this Act contains provisions affecting the exercise of statutory functions by a London local authority, the Bill shall not be deposited in Parliament unless--

(a) in a case where the exercise of statutory functions of one London local authority is affected, that authority has given its written consent to the Bill in the form in which it is to be so deposited; or

(b) in a case where the exercise of statutory functions of two or more London local authorities is affected, at least 90 per cent. of all London local authorities have given their written consent to the Bill in that form.

(2) In this paragraph "London local authority" means--

(a) a London borough council; or

(b) the Common Council.

Publicity for the deposited Bill

7 (1) This paragraph applies where a Bill ("the deposited Bill") is deposited in Parliament by virtue of section 77(1)(a) of this Act.

(2) During the period of 14 days following the day on which the deposited Bill is deposited in Parliament, the Mayor shall take such steps as in his opinion will give adequate publicity to the Bill.

(3) A copy of the deposited Bill shall be kept available by the Mayor for inspection by any person on request free of charge--

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

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

at reasonable hours throughout the period while the Bill is in Parliament.

(4) A copy of the deposited Bill, or of any part of the deposited Bill, shall be supplied to any person on request during that period for such reasonable fee as the Mayor may determine.

Section 87.

SCHEDULE 6 Procedure for determining the Authority's consolidated budget requirement

Preliminary

1 (1) It shall be the duty of the Mayor and the Assembly, in accordance with the following provisions of this Schedule, to prepare and approve for each financial year--

(a) a budget for each of the constituent bodies as such (a "component budget"); and

(b) a consolidated budget for the Authority (a "consolidated budget").

(2) A component budget must consist of statements of--

(a) the amount of the component budget requirement for the constituent body concerned; and

(b) the calculations under section 85(4) to (7) of this Act which give rise to that amount.

(3) A consolidated budget must consist of statements of--

(a) the amount of the Authority's consolidated budget requirement;

(b) the amount of the component budget requirement for each constituent body; and

(c) the calculations under section 85(4) to (8) of this Act which give rise to each of the amounts mentioned in paragraphs (a) and (b) above.

(4) In this Schedule "public meeting", in relation to the Assembly, means a meeting of the Assembly throughout which members of the public are entitled to be present.

Mayor's draft component budget for each constituent body

2 (1) For each financial year, the Mayor shall prepare a draft of his proposed component budget for each of the constituent bodies (a "draft component budget").

(2) Before preparing the draft component budget for the Authority, the Mayor shall consult the Assembly.

(3) Before preparing the draft component budget for a functional body, the Mayor shall consult the body.

Draft consolidated budget

3 (1) After the Mayor has prepared the draft component budgets under paragraph 2 above, he shall prepare a draft of his proposed consolidated budget for the financial year (the "draft consolidated budget").

(2) Before finally determining the contents of the draft consolidated budget, the Mayor shall consult--

(a) the Assembly, if paragraph (b) below does not apply, or

(b) if the Assembly has so resolved, such committee or other representatives of the Assembly as may be specified in, or determined in accordance with, the resolution,

and (in either case) such other bodies or persons as appear appropriate to the Mayor.

(3) The Mayor shall--

(a) present the draft consolidated budget to the Assembly at a public meeting of the Assembly; and

(b) publish it in such manner as he may determine.

(4) It shall be the duty of the Mayor to comply with paragraph 2 and sub-paragraphs (1) to (3) above on or before 1st February in the financial year preceding that to which the draft consolidated budget relates.

Failure of Mayor to comply with paragraph 3(4)

4 (1) If the Mayor fails to comply with paragraph 3(4) above, the Assembly shall--

(a) prepare a draft component budget for each functional body, after consultation with that body;

(b) prepare a draft component budget for the Authority; and

(2) If, at a public meeting of the Assembly, the draft consolidated budget prepared under sub-paragraph (1)(c) above is approved by the Assembly--

(a) that draft, as so approved, shall be the Authority's consolidated budget for the financial year to which it relates; and

(b) the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for that financial year.

Assembly consideration of Mayor's draft budget

5 (1) This paragraph applies where the Mayor presents a draft consolidated budget to the Assembly in accordance with paragraph 3 above.

(2) The draft consolidated budget must be considered at a public meeting of the Assembly.

(3) The Assembly must approve the draft consolidated budget, together with the draft component budgets comprised in it, with or without amendment.

(4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by the Assembly.

(5) If no amendments are made on consideration of the draft consolidated budget (whether to that budget or to any of the draft component budgets comprised in it) the draft consolidated budget shall be deemed to be approved without amendment.

The Mayor's final draft of the proposed consolidated budget

6 (1) After--

(a) the draft consolidated budget has been approved (with or without amendment) under paragraph 5 above, or

(b) such period as the Mayor considers reasonable has elapsed without the draft consolidated budget having been so approved,

the Mayor shall prepare a final draft of his proposed consolidated budget for the financial year (the "final draft budget").

(2) In a case falling within paragraph (b) of sub-paragraph (1) above--

(a) the Mayor shall lay before the Assembly in accordance with the standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and

(b) on the laying of the statement, the Assembly shall be deemed to have approved the draft consolidated budget without amendment.

(3) Whether the Assembly have approved the draft consolidated budget with or without amendment, the final draft budget may be--

(a) the draft consolidated budget, as approved by the Assembly, with the amendments (if any) made under paragraph 5 above;

(b) the draft consolidated budget amended by the Mayor as he considers appropriate; or

(4) The Mayor shall--

(a) present the final draft budget to the Assembly; and

(b) publish it in such manner as he may determine.

(5) If--

(a) the Assembly approved the draft consolidated budget with amendments under paragraph 5 above, but

(b) the final draft budget is anything other than the draft consolidated budget with those amendments,

the Mayor, at the time when he presents the final draft budget to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft budget which is not the draft consolidated budget with those amendments.

(6) It shall be the duty of the Mayor (having regard to paragraph 8(7) below) to comply with sub-paragraph (4) above before the last day of February in the financial year preceding that to which the final draft budget relates.

Failure of Mayor to present final draft budget

7 (1) This paragraph applies if the Mayor has complied with paragraph 3(4) above but has failed to comply with paragraph 6(6) above.

(2) Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority's consolidated budget requirement.

(3) The component budget requirement of each of the constituent bodies shall be agreed by the Assembly.

(4) The Authority's consolidated budget requirement shall be deemed to be agreed by the Assembly accordingly.

(5) Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the consolidated budget or the component budgets for the financial year in question.

Approval of Mayor's final draft budget by Assembly

8 (1) This paragraph applies where the Mayor presents a final draft budget to the Assembly in accordance with paragraph 6 above.

(2) The final draft budget must be considered at a public meeting of the Assembly.

(3) After considering the final draft budget, the Assembly must approve it with or without amendment.

(4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.

(5) If no amendments are made on consideration of the final draft budget, the final draft budget shall be deemed to be approved without amendment.

(6) The final draft budget as approved by the Assembly with or without amendment shall be the Authority's consolidated budget for the financial year.

(7) It shall be the duty of the Assembly to approve the final draft budget with or without amendment before the last day of February in the financial year preceding that to which the final draft budget relates.

Failure of Assembly to approve final draft budget

9 If the Assembly fails to comply with paragraph 8(7) above, the final draft budget presented to the Assembly in accordance with paragraph 6 above shall be the Authority's consolidated budget for the financial year.

Regulations amending dates

10 The Secretary of State may by regulations modify this Schedule in its application in relation to any particular financial year, by substituting for any reference to 1st February in the preceding financial year a reference to such other day as may be specified in the regulations.

Publication

11 (1) The Mayor shall as soon as practicable publish each of the following documents--

(a) the Authority's consolidated budget for the year; and

(b) the component budget of each constituent body for the year.

(2) In this paragraph "relevant document" means any document required to be published under sub-paragraph (1) above.

(3) A copy of each relevant document shall be kept available for the appropriate period by the Mayor for inspection by any person on request free of charge at the principal offices of the Authority at reasonable hours.

(4) A copy of any relevant document, or any part of a relevant document, shall be supplied to any person on request during the appropriate period for such reasonable fee as the Mayor may determine.

(5) In this paragraph "the appropriate period" in the case of any document is the period of six years beginning with the date of publication of the document pursuant to this paragraph.

Section 98.

SCHEDULE 7 Procedure for making of substitute calculations by the Authority

Preliminary

1 (1) This Schedule applies in relation to any substitute calculations which are required to be made in accordance with it.

(2) In this Schedule "public meeting", in relation to the Assembly, means a meeting of the Assembly throughout which members of the public are entitled to be present.

The Mayor's first draft

2 (1) The Mayor shall prepare a draft of his proposals for the substitute calculations ("the first draft").

(2) Before finally determining the contents of the first draft, the Mayor shall consult--

(a) the Assembly; and

(b) each of the functional bodies affected by the proposals.

(3) The Mayor shall--

(a) lay the first draft before the Assembly in accordance with standing orders of the Authority; and

(b) publish it in such manner as he may determine.

Failure of Mayor to comply with paragraph 2(3)

3 (1) This paragraph applies if the Mayor has not complied with paragraph 2(3) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section 52K or 52V of the [1992 c. 14.] Local Government Finance Act 1992.

(2) Where this paragraph applies, the Assembly shall prepare a draft of their proposals for the substitute calculations, after consulting each of the functional bodies affected by the proposals.

(3) If, at a public meeting of the Assembly, the draft proposals prepared under sub-paragraph (2) above are approved by the Assembly--

(a) the Authority's substitute calculations shall be the substitute calculations in that draft as so approved; and

(b) the following provisions of this Schedule shall not apply in relation to the substitute calculations.

Assembly consideration of Mayor's first draft

4 (1) This paragraph applies where the Mayor has laid the first draft before the Assembly in accordance with paragraph 2 above.

(2) The first draft must be considered at a public meeting of the Assembly.

(3) The Assembly must approve the first draft with or without amendment.

(4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by the Assembly.

(5) If no amendments are made on consideration of the first draft, the first draft shall be deemed to be approved without amendment.

The Mayor's final draft

5 (1) After--

(a) the first draft has been approved (with or without amendment) under paragraph 4 above, or

(b) such period as the Mayor considers reasonable has elapsed without the first draft having been so approved,

the Mayor shall prepare a final draft of his proposals for the substitute calculations ("the final draft").

(2) In a case falling within paragraph (b) of sub-paragraph (1) above--

(a) the Mayor shall lay before the Assembly in accordance with standing orders of the Authority a statement that he is proceeding by virtue of that paragraph; and

(b) on the laying of the statement, the Assembly shall be deemed to have approved the first draft without amendment.

(3) Whether the Assembly have approved the first draft with or without amendment, the final draft may be--

(a) the first draft, as approved by the Assembly, with the amendments (if any) made under paragraph 4 above;

(b) the first draft amended by the Mayor as he considers appropriate; or

(4) The Mayor shall--

(a) present the final draft to the Assembly; and

(b) publish it in such manner as he may determine.

(5) If--

(a) the Assembly approved the first draft with amendments under paragraph 4 above, but

(b) the final draft is anything other than the first draft with those amendments,

the Mayor, at the time when he presents the final draft to the Assembly, shall lay before the Assembly in accordance with standing orders of the Authority a written statement of his reasons for preparing a final draft which is not the first draft with those amendments.

Failure of Mayor to present a final draft

6 (1) This paragraph applies if the Mayor has complied with paragraph 2(3) above but has failed to comply with paragraph 5(4) above before the beginning of the period of restriction for the purposes of section 96 of this Act or section 52K or 52V of the [1992 c. 14.] Local Government Finance Act 1992.

(2) Where this paragraph applies, a public meeting of the Assembly shall be held to determine the Authority's substitute calculations.

(3) The substitute calculations shall be agreed by the Assembly.

(4) Where this paragraph applies, the following provisions of this Schedule shall not apply in relation to the substitute calculations.

Approval of Mayor's final draft by Assembly

7 (1) This paragraph applies where the Mayor presents a final draft to the Assembly in accordance with paragraph 5 above.

(2) The final draft must be considered at a public meeting of the Assembly.

(3) After considering the final draft, the Assembly must approve it with or without amendment.

(4) For the purposes of sub-paragraph (3) above, the only amendments which are to be made are those agreed to by at least two-thirds of the Assembly members voting.

(5) If no amendments are made on consideration of the final draft, the final draft shall be deemed to be approved without amendment.

(6) The Authority's substitute calculations shall be those in the final draft as approved by the Assembly with the amendments (if any) made in accordance with sub-paragraphs (3) and (4) above.

Failure of Assembly to approve final draft within 21 days

8 If the Assembly fails to approve the final draft, with or without amendment, before the end of the period of 21 days beginning with the day on which the Mayor presented the final draft, the Authority's substitute calculations shall be those in the final draft presented to the Assembly in accordance with paragraph 5 above.

Publication

9 (1) This paragraph applies where any substitute calculations are made in accordance with this Schedule.

(2) Where this paragraph applies, the Mayor shall as soon as practicable publish a document containing the substitute calculations.

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