Part IIU.K. General Functions and Procedure

Attendance of witnesses and production of documentsE+W+S

61 Power to require attendance at Assembly meetings.E+W+S

(1)Subject to section 63 below, the Assembly may require any person to whom subsection (2), (3), (4) or (5) below applies—

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

(b)to produce to the Assembly documents in his possession or under his control.

(2)This subsection applies to—

(a)any person who is a member of staff of the Authority, or of any functional body, to whom sections 1 [F1 , 2 and 3A ] of the M1Local Government and Housing Act 1989 apply,

(b)any person who is the chairman of, or a member of, any functional body, and

(c)any person who has within the [F28 years] prior to the date of the requirement to be imposed under subsection (1) above been the chairman of, or a member of, any functional body.

(3)This subsection applies to—

(a)any person who has within the [F38 years] prior to the date of the requirement to be imposed under subsection (1) above had a contractual relationship with the Authority, and

(b)any person who is a member of, or a member of staff of, a body which has within the [F48 years] prior to the date of the requirement to be imposed under subsection (1) above had such a relationship.

(4)This subsection applies to—

(a)any person who has within the [F58 years] prior to the date of the requirement to be imposed under subsection (1) above received a grant from the Authority, and

(b)any person who is a member of, or a member of staff of, a body which has within the [F68 years] prior to the date of the requirement to be imposed under subsection (1) above received such a grant.

(5)This subsection applies to—

(a)any person who is an Assembly member,

(b)any person who has within the [F78 years] prior to the date of the requirement to be imposed under subsection (1) above been an Assembly member, and

(c)any person who has within the [F88 years] prior to the date of the requirement to be imposed under subsection (1) above been the Mayor.

(6)A requirement imposed under subsection (1) above on a person falling within subsection (2) above—

(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with matters in relation to which statutory functions are exercisable by the Authority or any functional body, and

(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to those matters.

(7)A requirement imposed under subsection (1) above on a person falling within subsection (3) above—

(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the contractual relationship with the Authority, and

(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that contractual relationship.

(8)A requirement imposed under subsection (1) above on a person falling within subsection (4) above—

(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the grant received from the Authority, and

(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to that grant.

(9)A requirement imposed under subsection (1) above on a person falling within subsection (5) above—

(a)if imposed under paragraph (a) of subsection (1) above, is to attend to give evidence in connection with the exercise by the person attending of the functions of the Authority, and

(b)if imposed under paragraph (b) of subsection (1) above, is to produce documents which relate to the exercise of those functions by that person.

(10)Nothing in this section shall require a person appointed under section 67(1) or (2) [F9, 72(1), 73(1) or 127A(1) ] below to—

(a)give any evidence, or

(b)produce any documents,

which disclose advice given by that person to the Mayor.

(11)Nothing in this section shall require a person who is—

(a)a member of a functional body, or

(b)a member of staff of a functional body,

to give any evidence, or produce any document, which discloses advice given to the Mayor by that person or[F10, except as provided by subsection (12) below,] by that functional body.

(12)[F11Subsection (11) above does not relieve a person from a requirement to give any evidence, or produce any document, which discloses advice given to the Mayor by—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the London Fire and Emergency Planning Authority,

if or to the extent that the advice falls within subsection (13) below.]

(13)[F11Advice given to the Mayor by a functional body falls within this subsection if it has been disclosed—

(a)at a meeting of, or of a committee or sub-committee of, the functional body at a time when the meeting was open to members of the public by virtue of Part VA of the M2Local Government Act 1972 (access to meetings and documents); or

(b)in a document which has been open to inspection by members of the public by virtue of that Part of that Act.]

(14)For the purposes of this section and sections 62 to 65 below—

(a)document means anything in which information is recorded in any form (and references to producing a document are to the production of the information in it in a visible and legible form, including the production of a copy of the document or an extract of the relevant part of the document),

(b)any reference to a member of staff of a body includes a reference to an officer or employee of that body, and

(c)any reference to proceedings is a reference to proceedings at a meeting.

Textual Amendments

F2Words in s. 61(2)(c) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(a), 59(7); S.I. 2008/113, art. 2(a)

F3Words in s. 61(3)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(b), 59(7); S.I. 2008/113, art. 2(a)

F4Words in s. 61(3)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(b), 59(7); S.I. 2008/113, art. 2(a)

F5Words in s. 61(4)(a) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(c), 59(7); S.I. 2008/113, art. 2(a)

F6Words in s. 61(4)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(c), 59(7); S.I. 2008/113, art. 2(a)

F7Words in s. 61(5)(b) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(d), 59(7); S.I. 2008/113, art. 2(a)

F8Words in s. 61(5)(c) substituted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 5(3)(d), 59(7); S.I. 2008/113, art. 2(a)

F9Words in s. 61(10) inserted (E.W.) (21.1.2008) by Greater London Authority Act 2007 (c. 24), ss. 11(3), 59(7); S.I. 2008/113, art. 2(a)

F10Words in s. 61(11) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 6(2)

F11S. 61(12)(13) omitted (E.W.) (31.1.2017 for specified purposes) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 6(3)

Modifications etc. (not altering text)

Marginal Citations