PART 4: HEALTH

The Health Adviser and the Deputy Health Advisers

Section 21: The Health Adviser and the Deputy Health Advisers

50.     This section inserts into the GLA Act 1999 a new section 309A to provide for there to be a Health Adviser to the Authority. It will be the function of the Health Adviser to advise the Authority, the Mayor, any Assembly member and any functional body on major health issues, the performance of any person's health-related functions and the implementation of the provisions of the 1999 Act which impose duties relating to health inequalities between persons living in London.

51.      This section also inserts into the GLA Act 1999 a new section 309B which provides for the current Regional Director of Public Health (RDPH) (for London) to be the Health Adviser. If the post of RDPH for London ceases to exist, the section provides for the Health Adviser to be the person in the post which corresponds, or most closely corresponds, to that of RDPH for London. If there is a question as to which 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. If there ceases to be an RDPH or corresponding post, the Secretary of State is to appoint the Health Adviser from among persons within the civil service or NHS who hold senior posts in which they have strategic responsibilities for public health in Greater London. Following such an appointment, if the person ceases to hold such a post, he also ceases to be the Health Adviser.

52.     This section also inserts into the GLA Act 1999 a new section 309C to make provision for there to be one or more Deputy Health Advisers. If there is a vacancy in the post of Health Adviser or if the Health Adviser is incapable of discharging his functions, one of the Deputy Health Advisers will be appointed to exercise the Health Adviser's functions. The Health Adviser's functions are exercisable by any Deputy Health Adviser to the extent that the Health Adviser authorises, and subject to any conditions.

53.     This section also inserts into the GLA Act 1999 a new section 309D to provide for the Deputy RDPHs (for London) to be the Deputy Health Advisers to the Authority. If the post of Deputy RDPH for London ceases to exist, the Deputy Health Advisers are to be the persons in the posts which correspond, or most closely correspond, to that of Deputy RDPH. If there is a question as to which of two or more persons are to be the Deputy Health Advisers the Secretary of State may designate one or more to be the Deputy Health Advisers. If there ceases to be a Deputy RDPH or corresponding post, the Secretary of State is to appoint one or more Deputy Health Advisers from among persons within the civil service or NHS who hold senior posts in which they have strategic responsibilities for public health in Greater London. Following such an appointment, if the person ceases to hold such a post, he also ceases to be a Deputy Health Adviser.

Reduction of health inequalities

Section 22: The health inequalities strategy

54.     Section 22 inserts into the GLA Act 1999 a new section 309E that requires the Mayor to prepare and publish a health inequalities strategy containing proposals and policies for promoting the reduction of health inequalities between persons living in London. Those proposals and policies are to be addressed to mitigating differences in general health determinants (as defined). The strategy must identify issues that appear to the Mayor to be major health issues where there are health inequalities, identify those health inequalities, specify priorities for reducing them and describe the role of any relevant person or body in implementing the strategy. Relevant persons and bodies include the Authority, any functional body, any London borough council, the Common Council of the City of London, the Health Adviser, any Strategic Health Authority for London, Primary Care Trusts established for London, NHS Trusts and NHS Foundation Trusts with hospitals, establishments or facilities in London and other bodies and persons with responsibilities, in relation to London, with respect to general health determinants.

55.     This section also inserts into the GLA Act 1999 section 309F which defines "health inequalities between persons living in Greater London" as health inequalities between persons living in or in different parts of London or between persons of different descriptions living in or in different parts of London. "Health inequalities" is defined as inequalities in respect of life expectancy or general state of health resulting from differences in general health determinants. General health determinants are matters such as standards of housing, transport services, public safety, employment prospects, earning capacity and other matters affecting levels of prosperity, degree of ease or difficulty of access to public services, the use or level of use of substances such as tobacco, other aspects of lifestyle or personal behaviour that are, or may be, harmful to health and other determinants except genetic or biological factors.

56.     New section 309G specifies that in preparing or revising the health inequalities strategy the Mayor must have regard to any guidance given by the Secretary of State as to matters to be taken into account. The Mayor and Health Adviser must collaborate and co-operate in the preparation or revision of the strategy and in ascertaining the issues to be identified in it. The Mayor must also consult those relevant bodies that appear to him to be likely to be affected by the strategy. (The Mayor is not required to consult the Authority or any functional body under this provision, because he must consult them under section 42(1) of the GLA Act 1999.)

57.     New section 309H empowers the Secretary of State to direct the Mayor to revise the health inequalities strategy where it is inconsistent with national policies and where that inconsistency would have a detrimental effect on achieving the objectives of those policies. Where such a direction is issued the Mayor must revise the strategy accordingly. The Secretary of State must consult the Mayor before giving a direction.

Section 23: The general power of the Authority: duty to have regard

58.     Section 30 of the GLA Act 1999 requires the Authority to have regard to the effect which any proposed exercise of its general power will have on the health of persons in Greater London, and to exercise its general power in a way best calculated to promote improvements in the health of such persons. Section 23 amends section 30 to require the Authority also to have regard to the effect of any proposed exercise of its general power on health inequalities, and to exercise its powers in a way that is best calculated to promote the reduction of health inequalities between persons living in Greater London.

Section 24: General duties of the Mayor with respect to his strategies

59.     Section 41 of the GLA Act 1999 requires the Mayor to have regard to the effect of his strategies or revisions to his strategies on the health of persons in London. It provides that when the Mayor prepares or revises his strategies he must include policies and proposals best calculated to promote improvements in the health of such persons. In line with the general duty under section 30, section 24 amends section 41 of the 1999 Act to require the Mayor additionally to consider the effects of his strategies on health inequalities. It requires the Mayor, when preparing or revising his strategies, to include policies and proposals that are also best calculated to promote the reduction of health inequalities.

PART 5: THE LONDON FIRE AND EMERGENCY PLANNING AUTHORITY

Section 25: Membership

60.     Subsections (1) and (2) amend paragraph 1 of Schedule 28 to the GLA Act 1999. These changes reduce by one in each case the number of Assembly and London borough council members on the LFEPA and enable the Mayor to appoint on his own nomination two members (Mayoral representatives) to that authority. The total number of members of LFEPA remains at 17.

61.     Subsection (4) inserts a new provision in paragraph 8 of Schedule 28 to require the Mayor to fill any vacancy caused by a Mayoral representative ceasing to be a member of LFEPA.

Section 26: Allowances

62.     Section 26 amends paragraph 4 of Schedule 28 by giving LFEPA the discretion, notwithstanding the constraints of sub-paragraph (1) of that paragraph, to pay the allowances set out in sub-paragraph (2) to the Chairman or Vice-Chairman.

Section 27: Directions etc by the Mayor

63.     Section 27 adds two new sections to the GLA Act 1999 (section 328A and section 328B). Section 328A enables the Mayor to issue directions and guidance to LFEPA (similar to section 155 of the 1999 Act in relation to TfL), but imposes certain constraints on the exercise of those powers. Section 328B gives the Secretary of State power to remove any inconsistent directions or guidance which conflict with national policy and enforcement guidance.

64.     Section 328A(1) to (3) enables the Mayor to issue guidance or directions to LFEPA on how it is to exercise its functions, perform its duties and conduct any legal proceedings.

65.     Section 328A(4) provides that any guidance or direction given by the Mayor should be notified to the Chief Fire Officer, who has day to day operational command of LFEPA.

66.     Section 328A(5) and (6) provides that the Mayor in exercising his power to issue guidance or direction to LFEPA has to have regard to the Fire and Rescue National Framework and any fire safety enforcement guidance issued under article 26 (enforcement) of the Regulatory Reform (Fire Safety) Order 2005 by the Secretary of State. The purpose is to ensure that any guidance or directions issued by the Mayor does not conflict with policy requirements and guidance at a national level.

67.     Where the Secretary of State considers that any guidance or directions issued under section 328A is inconsistent with the Fire and Rescue National Framework or fire safety enforcement guidance then section 328B enables her to direct the Mayor to remove that inconsistency. The Mayor must comply with such a direction.

PART 6: HOUSING

Section 28: The London housing strategy

68.     This section inserts into the GLA Act 1999 new provisions requiring the Mayor to prepare a London housing strategy. The section sets out what the strategy should contain, which includes recommendations affecting housing funding decisions for London. It specifies the circumstances under which the Secretary of State may intervene in the production of the strategy.

69.     Subsections (1) and (2) apply to the London housing strategy the provisions (as amended) of section 41 of the GLA Act 1999 (except subsection (9) - see below). Section 41 of the 1999 Act makes provision which applies to the Mayor's statutory strategies. It requires the Mayor to have regard to certain matters in preparing or revising those strategies, and to follow certain procedural steps. Section 42 lists the persons he is required to consult in preparing or revising a strategy.

70.     Subsection (3) of the section exempts the Mayor from the requirement, set out in section 41(9) of the GLA Act 1999, to set targets within the London housing strategy which are not less demanding than targets and objectives set nationally. This exception has been put in place in acknowledgement that, for housing, local circumstances might mean that national targets have different effects in different regions.

71.     Subsection (4) of the section inserts 4 new sections after section 333 of the GLA Act 1999 - sections 333A to 333D.

72.     The new section 333A places a requirement on the Mayor to prepare and publish a London housing strategy and sets out in broad terms what the strategy should contain. In particular, it requires the Mayor to:

• assess housing conditions and identify housing needs in Greater London;

• put forward proposals and policies to promote the improvement of those housing conditions and the meeting of those needs;

• state the measures that he will encourage other bodies and persons to take for that purpose, and

• make a statement as to his "spending recommendations" to the Secretary of State and the Housing Corporation for housing for Greater London.

73.     The "spending recommendations" are to relate to funding for housing from central government for a period specified by the Secretary of State. The new section sets out what the recommendations are to contain and, in particular, crossrefers to new section 333D(1) (duty of the Housing Corporation to have regard to recommendations). The section requires the Mayor, when preparing the strategy, to have regard to guidance from the Secretary of State and the effect of the strategy on regions adjoining Greater London. New section 333A(8) also requires him to consult the Housing Corporation and bodies he deems to be representative of registered social landlords when preparing or revising the strategy, in addition to the statutory consultees listed in section 42 of the GLA Act 1999.

74.     New section 333B requires the Mayor to provide the Secretary of State with a copy of the London housing strategy prior to publication. It gives the Secretary of State the period of six weeks in which to direct changes to the strategy where it conflicts with national policy on housing or where it will have an adverse effect on regions adjoining Greater London. In the event of such a direction, the Mayor must comply with it before the London housing strategy can be published. The Secretary of State can only issue a direction under this section after consulting the Mayor.

75.     New section 333C sets out arrangements for the Secretary of State to require a revision to all or part of the London housing strategy once it is published. This is to allow for changes in national policy or levels of funding - for instance as a result of a more recent Spending Review. Again the Secretary of State can only require a revision after consulting the Mayor.

76.     New section 333D places a requirement on the Housing Corporation, when exercising its functions of giving grants under sections 18 and 27A of the Housing Act 1996, to have regard to the London housing strategy. The section also requires local housing strategies (defined in the section) of local housing authorities in Greater London to be in general conformity with the London housing strategy. This will enable the Mayor to challenge boroughs whose local housing strategies are significantly out of alignment with the policies and aspirations set out in the London housing strategy.

77.     Subsection (5) of section 28 provides a power under which the Secretary of State may direct the Mayor to submit a draft London housing strategy by a specified date. This will allow the Secretary of State to ensure that the funding recommendations which form part of the London housing strategy are agreed in line with the timetables for the funding decisions to which the recommendations relate. Subsection (6) provides that the Secretary of State can only set such a date after consultation with the Mayor.

PART 7: PLANNING

The Mayor's spatial development strategy

Section 29: Duties in relation to consultation

78.     Section 29 amends section 335 of the GLA Act 1999 to require the Mayor to have regard to comments by the Assembly or functional bodies in response to consultation on proposed revisions to his spatial development strategy. The Mayor must also respond in writing to the Chair of the Assembly, setting out which of the Assembly's comments he accepts for implementation in the strategy and, where he does not accept a comment, giving the reasons why.

Local development schemes

Section 30: Local development schemes

79.     The Planning and Compulsory Purchase Act 2004 ("the 2004 Act") provides for local development schemes (LDSs). The LDS is the local planning authority's workplan for the production of local development documents (LDDs). This section amends the 2004 Act to require local planning authorities in Greater London to send a copy of their draft LDS to the Mayor who may direct that changes be made to it. It also allows the Mayor to direct the borough to prepare a revision to their LDS. The purpose is to ensure that key policies of the regional plan (the London Plan) are reflected in LDDs in a timely manner.

80.     In considering whether to issue a direction and what its content should be, the Mayor must have regard to any guidance issued by the Secretary of State. Local planning authorities must comply with the direction unless the Secretary of State directs otherwise.

Development control

Section 31: Mayor to determine certain applications for planning permission

81.     This section amends the Town and Country Planning Act 1990 ("the 1990 Act") to give the Mayor power to direct that planning applications which are of potential strategic importance in Greater London should be determined by him in place of the local planning authority. It also provides for the application of enactments in relation to cases where the Mayor determines an application, including provision enabling the Mayor to enforce the terms of any planning permission he has granted. The term "application of potential strategic importance" will be defined in secondary legislation. The secondary legislation will also set out the procedure for giving directions.

82.     In deciding whether to give a direction, the Mayor must have regard to guidance issued by the Secretary of State. Where a direction is given, the Mayor will determine any connected applications for listed building consent, conservation area consent and hazardous substances consent. For any planning application he decides, the Mayor may pass decision making for any subsequent applications for the approval of reserved matters or approval of details under a listed building consent, back to the relevant London borough.

83.     Secondary legislation will set out the procedures the Mayor must follow in determining applications.

84.     The Mayor's existing power to direct a local planning authority to refuse a planning application of potential strategic importance is unaffected by this section (see section 74(1B) of the 1990 Act) other than by the changes to the thresholds identifying planning applications as being of potential strategic importance set out in the secondary legislation made under this section.

Sections 32, 33, 34: Planning obligations

85.     These sections amend the 1990 Act so as to give the Mayor power to agree planning obligations related to applications which he is to determine by virtue of section 31. They provide for the Mayor to enforce and discharge obligations as well as the local planning authority and for monies to be payable to the Authority.

Section 35: Representation Hearings

86.     This section amends the 1990 Act to enable the applicant and the local planning authority to whom the application was made to make oral representations to the Mayor at a "representation hearing" before he determines an application. The Mayor must prepare and publish a document setting out any other persons he will hear representations from and the procedures to be followed at a representation hearing.

87.     The Secretary of State is required to make provision by order for Part 5A of the Local Government Act 1972 to apply to representation hearings and to the Mayor in the conduct of a representation hearing, with such modifications as she considers necessary or expedient.

Section 36: Planning Contribution under section 46 of PCPA 2004

88.     This section amends section 46 of the 2004 Act to allow regulations made under that section to provide for the circumstances in which a planning contribution is made where the Mayor is acting as the local planning authority (that is, where he is determining an application of potential strategic importance).

PART 8: ENVIRONMENTAL FUNCTIONS

Waste

Section 37: Duties of waste collection authorities etc

89.     Section 353 of the GLA Act 1999 requires the Mayor to prepare and publish a document known as the municipal waste management strategy. This sets the strategic direction for London's waste activities. Section 355 of the 1999 Act requires waste collection authorities and waste disposal authorities in Greater London to "have regard to" the strategy in carrying out some of their waste functions.

90.     Subsection (3) amends section 355 of the GLA Act 1999 so as to require waste collection and waste disposal authorities in Greater London to "act in general conformity with" the Mayor's strategy. The duty will apply whenever those authorities exercise any of their waste functions under Part 2 of the Environmental Protection Act 1990. This will allow the Mayor to have a stronger strategic role in the management of London's waste.

91.     Subsection (4) inserts a new subsection (2) into section 355 of the GLA Act 1999 to limit the duty on London waste authorities to "act in general conformity" with the strategy, so that it does not apply where to do so would impose "excessive additional costs" on the authority.

92.     Subsection (5) inserts a series of new subsections into section 355 of the GLA Act 1999. New subsection (3) gives the Secretary of State the power to issue guidance setting out a definition of "general conformity" and "imposing excessive additional costs on an authority". New subsection (4) requires waste collection authorities and waste disposal authorities in Greater London to act in accordance with the guidance.

93.     New subsections (6) and (7) set out the limitations on the duty for waste authorities in Greater London to act in general conformity insofar as waste contracts are concerned. Subsection (6) provides that neither the duty nor any related guidance requires an authority to terminate a waste contract before the expiry of the term of the contract or to do anything which would result in a breach of any term of a waste contract. Subsection (7) provides that if the Mayor's municipal waste management strategy is revised after the authority has sent the second information notice relating to the awarding of the contract to the Official Journal of the European Union, the duty and guidance apply as if the former strategy still had effect.

94.     Subsection (6), a transitional provision, provides that the new duty to act in general conformity with the Mayor's municipal waste management strategy and accompanying guidance does not apply in relation to the awarding of a waste contract if the authority had sent the second information notice relating to the awarding of the contract to the Official Journal of the European Union before the new duty comes into force.

Section 38: London Waste and Recycling Board

95.     This section inserts into the GLA Act 1999 two new sections (sections 356A and 356B) which establish a London Waste and Recycling Board ("the Board"). The Board's objectives are to promote within Greater London: the production of less waste; an increase in the proportion of waste which is re-used or recycled and the use of methods of collection, treatment and disposal of waste which are beneficial to the environment.

96.     The Board can give financial assistance and provide advice in order to fulfil its objectives. In particular it may provide financial assistance in order to help provide waste facilities; undertake research into new technologies or techniques for the collection, treatment or disposal of waste; and assist London Boroughs and the City of London in their waste functions. The Board will have to act in accordance with the Mayor's Municipal Waste Management Strategy and in general conformity with the London Plan.

97.     Supplemental provision on the nature of the Board is laid out in section 356B. In particular it allows the Secretary of State, by order, to determine the Board's constitution and membership. The number of members must be between 7 and 13. The Secretary of State may pay grants to the Board on such conditions as he may determine.

Section 39: Information about waste contracts

98.     This section amends section 358 of the GLA Act 1999 on information about new waste contracts, and updates the 1999 Act following changes to public procurement legislation. It makes new provision that where an authority is not obliged either to send the European Commission a first information notice of its intention to tender a waste contract or to publish such a notice on the authority's buyer profile, but it is obliged to send a second information notice, the authority must inform the Mayor of its intention to tender. An authority is required to notify the Mayor 108 days before issuing the second information notice. Waste authorities that publish their intention to tender on the authority's buyer profile as an alternative to issuing a first information notice will be required to give the Mayor 56 days prior notification. Where waste authorities are not required to comply with public procurement regulations, existing notification requirements under section 358(2) will continue to apply. The amendments will ensure that the Mayor is informed of all waste tenders in advance.

Climate change and energy

Section 40: The general power of the Authority: duty to have regard

99.     Under section 30(1) of the GLA Act 1999, the Authority has a general power, within certain limitations, to take any action for the furtherance of its principal purposes (as defined in that section). Section 30(4) of the 1999 Act requires that the Authority must have regard to the effect which any proposed exercise of its powers will have on the health of persons in Greater London and the achievement of sustainable development in the United Kingdom. Section 30(5) requires that it should exercise its powers in a way best calculated to promote the improvement in the health of those persons and to contribute towards the achievement of sustainable development, where reasonably practicable. Section 40 amends section 30(4) to require that the Authority must also have regard to the effect of any proposed exercise of its powers on climate change, and the consequences of climate change. The section amends section 30(5) to require that the Authority exercises its powers in a way that is best calculated to contribute towards the mitigation of, or adaptation to, climate change, in the United Kingdom, where reasonably practicable.