S. 67(2) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(1), 59(7) (with
Words in s. 70(2) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(2), 59(7) (with
S. 72(1)-(1C) substituted (E.W.) for s. 72(1) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(2), 59(7) (with
S. 72(2) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(3), 59(7) (with
Words in s. 72(3) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(4), 59(7) (with
S. 72(4) repealed (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(5), 59(7), Sch. 2 (with
Words in s. 72(5)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(3), 59(7) (with
S. 72(11) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 8(6), 59(7) (with
S. 73(1)-(1C) substituted for s. 73(1) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(2), 59(7) (with
S. 73(2) substituted (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(3), 59(7) (with
Words in s. 73(3) substituted (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(4), 59(7) (with
S. 73(4) repealed (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 9(5), 59(7), Sch. 2 (with
Words in s. 73(5)(a) substituted (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 7(4), 59(7) (with
S. 73(6): In the substituted 1989 c. 42 in s. 5(2)(c) words inserted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(2)(a)
S. 73(6): In the substituted 1989 c. 42 in s. 5(2)(g) words inserted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 5(1)(2)(b)
S. 73(6): In the substituted 1989 c. 42 in s. 5(2)(m) words inserted (27.5.2000) by S.I. 2000/1345, art. 2, Sch. Pt. 1 para. 5(1)(2)(c)
Words in s. 73(7)(a) inserted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(3)
Words in s. 73(12) substituted (27.5.2000) by S.I. 2000/1435, art. 2, Sch. Pt. 1 para. 5(1)(4)
Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14,
Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14,
Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14,
Ss. 70, 71, 73-75 applied (with modifications) (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14, s. 52J (as inserted (27.7.1999 with application as mentioned above) by 1999 c. 27, s. 30, Sch. 1 para. 1)
Ss. 70-75 restricted (27.7.1999 with application in relation to the limitation of council tax and precepts as regards the financial year beginning with 1.4.2000 and subsequent financial years) by 1992 c. 14,
The Mayor may appoint—
not more than two persons as his political advisers; and
not more than ten other members of staff.
The head of the Authority's paid service, after consultation with the Mayor and the Assembly, and having regard, in particular, to—
the resources available, and
the priorities of the Authority,
may appoint such staff as he considers necessary for the proper discharge of the functions of the Authority.
Any appointment under subsection (1) or (2) above is an appointment as an employee of the Authority.
No appointment under subsection (1) above shall be such as to extend beyond the term of office for which the Mayor was elected.
Where the Mayor makes an appointment under subsection (1) above, he shall report to the Assembly in writing—
the name of the person appointed,
the post to which the person has been appointed, and
the terms and conditions on which the person has been appointed.
Section 7 of the
Section 8 of that Act (duty to adopt standing orders with respect to staff) shall apply in relation to staff appointed under subsection (1) or (2) above as if the Authority were a relevant authority.
Section 9(1), (9) and (11) of that Act (assistants for political groups) shall apply in relation to any appointment under subsection (1)(a) above as if—
the Authority were a relevant authority; and
any appointment to either of the posts in question were the appointment of a person in pursuance of that section.
The following provisions of the
section 1 (disqualification and political restriction of certain officers and staff), and
sections 2 and 3 (politically restricted posts and exemptions from restriction) so far as they have effect for the purposes of that section,
shall have effect as if each of the bodies specified in subsection (2) below were a local authority.
The bodies are—
the Authority;
Transport for London;
the London Development Agency.
A person employed by the Authority by virtue of his appointment under section 67(1)(b) above shall not, by virtue only of subsections (1) and (2) above, be disqualified from being or becoming an unpaid member of Transport for London or the London Development Agency.
For the purposes of subsection (3) above, the unpaid members of any body are those members of the body who do not receive any remuneration (whether from the body, the Authority or any other source) which they would not receive if they were not members of the body.
In section 2(3) of that Act, as it has effect in relation to the Authority by virtue of subsections (1) and (2)(a) above, any reference to the authority shall be taken to include a reference to the Mayor and a reference to the Assembly.
In section 2 of that Act, so far as it has effect for the purposes of section 1 of that Act, the expression the statutory chief officers shall be taken to include a reference to the chief finance officer, within the meaning of section 127 below,—
of Transport for London, and
of the London Development Agency,
whether he is an officer, employee, member of staff or member of Transport for London or, as the case may be, the London Development Agency.
In the application of section 2 of that Act in relation to the London Development Agency by virtue of subsections (1) and (2)(c) above, any reference to the person designated under section 4 of that Act as its head of paid service shall be taken as a reference to the chief executive of the London Development Agency appointed under paragraph 4(2) of Schedule 2 to the
A paid member of staff of the Greater London Authority who is employed under the direction of a joint committee the membership of which includes— one or more persons appointed on the nomination of the Authority acting by the Mayor, and one or more members of one or more London borough councils appointed to the committee on the nomination of those councils, shall be disqualified for being elected or being a member of any of those London borough councils.
A person appointed under section 67(1) above shall be employed on such terms and conditions (including conditions as to remuneration) as the Mayor thinks fit, within the financial resources available to the Authority.
A person appointed under section 67(2) above shall be employed on such terms and conditions (including conditions as to remuneration)
A person appointed under section 67(1) above shall not be required to perform any work or services for the Assembly or any member of the Assembly, except in accordance with subsection (4) below.
It shall be a condition of the employment of—
any person appointed under section 67(1)(b) above, and
any person holding a politically restricted post under the Authority, other than a person appointed under section 67(1)(a) above,
that he comply with the requirements of subsection (5) below.
Those requirements are that the person—
attends every meeting of the Assembly held pursuant to section 52(3) above which he is requested by the Assembly to attend; and
answers any questions put to him by Assembly members at any such meeting.
The requirement of subsection (5)(b) above is that the person shall—
so far as reasonably practicable, answer any such question orally at the meeting at which it is put; or
if for any reason it is not reasonably practicable to do that, provide a written answer before the end of the third working day following the day on which the question was first asked at the meeting.
For the purposes of subsection (4)(b) above, any question whether a person holds a politically restricted post under the Authority shall be determined in accordance with sections 2 and 3 of the
In this section working day has the same meaning as in section 45 above.
Section 117 of the
The Mayor and the Assembly, acting jointly, shall appoint a person to be head of the Authority's paid service.
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—
the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section;
the Authority were a relevant authority for the purposes of that section; and
the Mayor and Assembly members were members of that authority.
Any appointment under subsection (1) above is an appointment as an employee of the Authority and—
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;
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.
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.
A person must not at the same time be both—
the head of the Authority's paid service appointed under subsection (1) above, and
a member of staff appointed under section 67(1) above.
In the application of section 4 of the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the head of paid service)—
so far as relating to the provision of staff,
so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.
Any report prepared under subsection (2) (report by head of paid service) shall be a report to the Mayor and the Assembly.
The references to functions in paragraphs (a) and (b) of subsection (3) (matters concerning which proposals may be made in a report under subsection (2)) shall be taken as references to the functions of the Authority, whether exercisable by the Mayor, the Assembly, or the Mayor and Assembly acting jointly.
It shall be the duty of the Mayor personally to consider any report to the Mayor and Assembly under subsection (2).
The meeting required by subsection (5) to be held to consider any such report shall be a meeting of the Assembly which must not be held until—
the Mayor has submitted to the Chair of the Assembly a written statement of his views on the report; or
the period of one month has elapsed since copies of the report were first sent to members of the Assembly without the Mayor having submitted any such statement;
and the reference in that subsection to section 101 of the
In considering any such report at any such meeting, the Assembly shall take account of any views on the report which have been expressed by the Mayor in a statement submitted under subsection (9)(a) above.
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.
The Mayor and the Assembly, acting jointly, shall appoint a person to be the Authority's monitoring officer.
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—
the person appointed under subsection (1) above were a person designated under subsection (1)(a) of that section;
the Authority were a relevant authority for the purposes of that section; and
the Mayor and Assembly members were members of that authority.
Any appointment under subsection (1) above is an appointment as an employee of the Authority and—
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;
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.
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.
A person must not at the same time be both—
the Authority's monitoring officer appointed under subsection (1) above, and
a member of staff appointed under section 67(1) above.
In the application of section 5 of the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The duty imposed by subsection (1)(b) (provision of staff, accommodation etc for the monitoring officer)—
so far as relating to the provision of staff,
so far as relating to the provision of accommodation or other resources, shall be discharged by the Mayor.
It shall be the duty of the Greater London Authority’s monitoring officer, if at any time it appears to him that any proposal, decision or omission of a GLA body or person has given rise to, or is likely to or would give rise to— a contravention by that or any other GLA body or person of any enactment or rule of law or of any code of practice made or approved by or under any enactment, or any such maladministration or injustice as is mentioned in Part III of the to prepare a report to the Mayor and the Assembly with respect to that proposal, decision or omission. In this subsection GLA body or person means— the Greater London Authority; Transport for London, when exercising any function of the Greater London Authority by virtue of section 38 of the Greater London Authority Act 1999; the London Development Agency, when exercising any function of the Greater London Authority by virtue of section 38 the Mayor of London; the London Assembly; any committee or sub-committee of the London Assembly; any committee or sub-committee of Transport for London or the London Development Agency, when exercising any function of the Greater London Authority in consequence of an authorisation under section 38 any joint committee to which the Mayor of London has power to appoint members (whether or not the power is the subject of an authorisation under section 38(1) of the Greater London Authority Act 1999); the Deputy Mayor of London; any member of the London Assembly; any member of staff of the Greater London Authority; any member, or member of staff, of Transport for London or the London Development Agency, when exercising, or acting in the exercise of, any function of the Greater London Authority in consequence of an authorisation under section 38 and in the above definition of GLA body or person any reference to a member of staff of a body includes a reference to an officer or employee of that body.
The duties imposed on the Authority by subsection (5) (to consider any report and to ensure that during the period of suspension no step is taken for giving effect to any proposal or decision to which the report relates)—
so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor (or, by virtue of an authorisation under section 38(1) above
so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Assembly (or, by virtue of arrangements under section 54 above, by a GLA body or person), shall be discharged by the Assembly; and
so far as relating to a proposal, decision or omission of a GLA body or person in the case of a function of the Authority exercisable by the Mayor and the Assembly acting jointly, shall be discharged separately—
by the Mayor, as if the case fell within paragraph (a) above, and
by the Assembly, as if the case fell within paragraph (b) above.
Accordingly—
in the application of that paragraph by virtue of subsection (7)(b) or (c)(ii) above, the meeting required to be held shall be a meeting of the Assembly.
In paragraph (b) of subsection (5), the reference to section 115 of the
Where by virtue of subsection (7) above the Mayor or the Assembly is under a duty to consider a report, the Mayor or the Assembly in discharging that duty shall take account of any views on the report which have been expressed by the other of them in a statement submitted—
by the Assembly to the Mayor; or
by the Mayor to the Chair of the Assembly.
Standing orders of the Authority shall make provision for or in connection with—
the period within which any statement by virtue of subsection (10) above must be submitted;
the consideration of any such statement by the Mayor or, as the case may be, the Assembly;
the period within which any meeting of the Assembly required by subsection (5) by virtue of subsection (7)(b) or (c)(ii) above must, or must not, be held.
Neither section 38 above